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HomeMy WebLinkAbout09-5968IN 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., CIVIL DIVISION NO. CA - 5%8 eiyi I Tirol Plaintiff, COMPLAINT IN MORTGAGE FORECLOSURE vs. SHANNON M. DOUPE and BRUCE C. DOUPE, Defendants. Code -MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Vitti and Vitti and 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., ) No. 09G Plaintiff, Cy; r ) vs. ) SHANNON M. DOUPE and BRUCE C. DOUPE, ) Defendants. ) COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE NOW, comes the Plaintiff by its attorneys, Vitti and 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 960 Alexander Spring Road, Carlisle, PA 17013. The property address is 960 Alexander Spring Road, Carlisle, PA 17013 and is the subject of this action. 3. On the 28th day of May, 2004, in consideration of a loan of Two Hundred Four Thousand, Four Hundred and 00/100 ($204,400.00) Dollars made by National City Mortgage Co., an OH corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Co., an OH corporation, 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 4th day of June, 2004, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1868, page 2697. 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 February 1, 2009, 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 Fourteen Thousand, Nine Hundred Ninety-Six and 11/100 Dollars ($214,996.11) with interest and costs. Respectfully submitted, VITTI and VITTI and ASSOC., P.C. B Louis P. Esquire Attorney for Plaintiff Stewart Title Guaranty Company Commitment Number: S100-094 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan for Barton S. Carpenter prepared by Stephen G. Fisher, Registered Surveyor, dated February 29, 1980, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 37, Page 18 as follows: BEGINNING at an iron pin in the original centerline of 33 feet wide Township Road T-467, known as Alexander Spring Road at the dividing line between the within described Lot No. 9 and Lot No. 1; thence from said iron pin at the Place of BEGINNING in said Township Road T-467 Eddie L. Hurley, North 21 degrees 54 minutes 30 seconds West a distance of 392.78 feet to an iron pin at the dividing line between the within described Lot No. 9 and Lot No. 9A; thence along the southern line of Lot Nos. 9-A, 9-B, and 9-C North 65 degrees 28 minutes 50 seconds East, a distance of 1,128.78 feet to an iron pin at the southeastern comer of said Lot No_ 9-C; thence along a portion of the western line of Lot No. 8-A, South 24 degrees 31 minutes 10 seconds East, a distance of 237.60 feet to an iron pin at the dividing line between Lot Nos. 8-A and 7; thence along the northern line of Lots 7, 6 and a portion of Lot No. 5, South 31 degrees 21 minutes 40 seconds West, a distance of 269.30 feet to an iron pin; thence still along a portion of the northern line of said Lot No. 5 and continuing along the not :hem linE of Lot Nos. 4, 3, 2 and 1, South 65 degrees 15 minutes West, a distance of 923.74 feet to an iron pin in the original centerline of 33 feet wide T467, known as Alexander Spring Road, at the Place of BEGINNING. ALTA Commitment Schedule C (DOUPEB05-04. PFD/DOU PEB05-0415) BK i 868PG27 13 pppBR•. ? ' Doupe SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 191,362.06 Interest @ 6.0000% from 01/01/09 through 8/31/2009 7,612.54 (Plus $31.4568 per day after 8/31/2009 ) Late charges through 8/26/2009 7 months @ 62.60 Accumulated beforehand 626.17 (Plus $62.60 on the 17th day of each month after 8/26/2009 ) Attorney's fee 9,568.10 Escrow deficit (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) BALANCE DUE 5,827.24 214,996.11 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. Dated: August 27, 2009 0 FIB QF TF'" ''," ??4RY $e?-t l 2009 L ? W *4.5o Po Al-N C& l4g4q e ?,5m33 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?-- OMCE P11. G-,i ' ?=1;E OF THEE PR';; ; 1--,'1 O'1ARY 2009 SEP I I Aid 8*- 4 3 VVMB4.y 1?. 5YY ry F'ENNISYLV4WA. National City Real Estate vs. Shannon M. Doupe Case NuMber SHERIFF'S RETURN OF SERVICE 09/04/2009 03:44 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that September 4, 2009 at 1544 hours, he served a true copy of the within Complaint in Mortgage Forec upon the within named defendant, to wit: Shannon M. Doupe, by making known unto Bruce Douple husband of defendant at 960 Alexander Spring Road Carlisle, Cumberland County, Pennsylvania I its contents and at the same time handing to him personally the said true and correct copy of the se 09/04/2009 03:44 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that September 4, 2009 at 1544 hours, he served a true copy of the within Complaint in Mortgage Forejc upon the within named defendant, to wit: Bruce C. Doupe, by making known unto himself personall, 960 Alexander Spring Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and of t same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $49.40 September 08, 2009 SO ANSWERS, o?oeaa dlc 14 R THOMAS KLINE, SHERIFF Deput Sheriff osure, '013 ne. m osure, , at ie %` .? OF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY REAL ESTATE SERVICES, LLC, s/b/m NATIONAL CITY MORTGAGE, INC., f/k/a NATIONAL CITY MORTGAGE CO., Plaintiff, CIVIL DIVISION NO. 09-5968 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE VS. SHANNON M. DOUPE and BRUCE C. DOUPE, Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party. Louis P. Vitti, Esquire Supreme Court #01072 Vitti and Vitti and 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, s/b/m NATIONAL CITY MORTGAGE, INC., f/k/a NATIONAL CITY MORTGAGE CO., : NO: 09-5968 CIVIL TERM Plaintiff, vs SHANNON M. DOUPE and BRUCE C. DOUPE, 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 $216,348.75, in favor of the National City Real Estate Services, LLC, et al, Plaintiff in the above-captioned action, against the Defendants, Shannon M. Doupe and Bruce C. Doupe and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $191,362.06 Interest from 08/31/09-10/13/09 8,965.18 (Plus $35.5642 per day after 10/13/09) Late charges (Plus $62.60 per month from 08/26/09-03/03/2010 $375.60) 626.17 Attorney's fee 9,568.10 Escrow Deficit 5,827.24 (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 $2¢ 348.75 The real estate, which is the subject matter of the Complaint, is situate in Dickinson Twp, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 960 Alexander Spring Road, Carlisle, PA 17013. Parcel No. 08-09-0523-046. Louis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY REAL ESTATE SERVICES, LLC, s/b/m NATIONAL CITY MORTGAGE, INC., f/k/a NATIONAL CITY MORTGAGE CO., : NO: 09-5968 CIVIL TERM Plaintiff, vs SHANNON M. DOUPE and BRUCE C. DOUPE, 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 September 28, 2009, giving ten (10) day notice that judgment would be entered should no action be taken. VITTI AND VITTI AND ASSOCIATES, P.C. BY: d_Y?ZIZCRI'?w -_ Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 13th day of October, 2009. .?.v NOTARIAL SEAL j SHERRY L HOUSE Notary Public CITY Of PITTSBURGH, ALLEGHENY COUNTY Notary Puri My Commission Expires May 1 1 r 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., NO. 09-5968 CIVIL TERM Plaintiff, VS. SHANNON M. DOUPE and BRUCE C. DOUPE, Defendants. Il"ORTANT NOTICE TO: Shannon M. Doupe Bruce C. Doupe 960 Alexander Spring Road Carlisle, PA 17013 Date of Notice: September 28, 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 LOUIS & A , PC. BY: uis tti, Esquire A orney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILI. 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.** _f 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 Service Members Civil Relief Act of 2004 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. In the alternative, should the defendant(s) be currently serving in the military the Service Members Relief Act does not apply as the mortgage in question did not originate before the period of the Service Members military service and is secured by a mortgage pursuant to 50 U.S.C. App §533 formerly cited as 50 U.S.C. App §532 (a)(1)(2). This Affidavit is made under the provisions of the Service Members Civil Relief Act of 2004. Louis P. Vitti, Esquire SWORN to and subscribed before me this 13th day of October, 2009. Notary Publicli NOTARIAL SEAL SHERRY L HOUSE Notary Public CITY OF PITTSBURGH, ALLEGHENY COUNTY My Commission Expires May 15, 2011 FILET) , -,f7 JfC Z0Q3 0C 1 19 PM 2: 07 f 0 Ot * /s'yf 7 A # C. 3 '1- a--o r 1?01-/cc5 %, &,/ed t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY REAL ESTATE SERVICES, LLC, s/b/m NATIONAL CITY MORTGAGE, INC., f/k/a NATIONAL CITY MORTGAGE CO., Plaintiff, vs. SHANNON M. DOUPE and BRUCE C. DOUPE, CIVIL DIVISION NO. 09-5968 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party. Defendants. Louis P. Vitti, Esquire Supreme Court #01072 Vitti and Vitti and 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, s/b/m NATIONAL CITY MORTGAGE, INC., f/k/a NATIONAL CITY MORTGAGE CO., NO: 09-5968 CIVIL TERM Plaintiff, vs SHANNON M. DOUPE and BRUCE C. DOUPE, Defendants. PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due Interest 10/14/09-03/03/2010 Total $216,348.75 ? 4,978.98 $221.327.73 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Dickinson Twp, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 960 Alexander Spring Road, Carlisle, PA 17013. Parcel No. 08-09-0523-046. Louis P. Vitti, Esquire Attorney for Plaintiff ALEDL ' riCF STAR!' 20U9 Or i 19 PH 2: Q ' 1, 66 PA YE ta- /S-*7 /20- g-Z ?-z0 ?- ??? s? caste ? ? 9 y! /6 10 11 iy.00 11 Jr so aJ4 ?Y 11d o?7 s a-, 06 :T) u-C- co $ b >L4-f-- 4-1- 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY REAL ESTATE SERVICES, LLC, s/b/m NATIONAL CITY MORTGAGE, INC., f/k/a NATIONAL CITY MORTGAGE CO., Plaintiff, vs SHANNON M. DOUPE and BRUCE C. DOUPE, Defendants. LEGAL DESCRIPTION : NO: 09-5968 CIVIL TERM ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan for Barton S. Carpenter and wife, prepared by Stephen G. Fisher, Registered Surveyor, dated February 29, 1980, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 37, Page 18 as follows: BEGINNING at an iron pin in the original centerline of 33 feet wide Township Road T-467, known as Alexander Spring Road at the dividing line between the within described Lot No. 9 and Lot No. 1; thence from said iron pin at the place of beginning in said Township Road T-467 and continuing beyond along the Eastern line of land now or formerly Eddie L. Hurley, North 21 degrees 54 minutes 30 seconds West a distance of 392.78 feet to an iron pin at the dividing line between the within described Lot No. 9 and Lot No. 9-A; thence along the Southern line of Lot Nos. 9-A, 9-B and 9-C North 65 degrees 28 minutes 50 seconds East, a distance of 1,128.78 feet to an iron pin at the Southeastern corner of said Lot No. 9-C; thence along a portion of the Western line of Lot No. 8-A, South 24 degrees 31 minutes 10 seconds East, a distance of 237.60 feet to an iron pin at the dividing line between Lots Nos. 8-A and 7; thence along the Northern line of Lots 7, 6 and a portion of Lot No. 5, South 31 degrees 21 minutes 40 seconds West, a distance of 269.30 feet to an iron pin; thence still along a portion of the Northern line of said Lot No. 5 and continuing along the Northern line of Lot Nos. 4, 3, 2 and 1, South 65 degrees 15 minutes West, a distance of 923.74 feet to an iron pin in the original centerline of 33 feet wide T-467, known as Alexander Spring Road, at the place of beginning. THE ABOVE described tract of land is all of Lot No. 9 as shown on said Plan of Lots recorded in Plan Book 37, Page, 18, and contains an area of 9.803 acres of which there is erected a dwelling house and other improvements, with mailing address of 960 Alexander Spring Road, Carlisle, PA 17013. THE Western portion of the above described Tract No. 9 is subject to public and private rights in the roadbed of Alexander Spring Road and a 25 feet wide private right-of-way as shown on the above mentioned plan. NO right of access express of implied across the Southern portions of Lots Nos. 9-A, 9-B and 9-C which constitute the roadbed of a 25 feet wide private right-of-way is intended to be expected or reserved for the benefit of the land adjoining on the South hereinabove described as Lot No. 9, it being the intention of Barton S. Carpenter and wife that access to all of said Lot No. 9 shall be obtained over said Lot No. 9 which abuts said Township Road T-467, known as Alexander Spring Road and which includes a 25 feet wide private right-of-way extending Northwardly from said Alexander Spring Road to the Southern line of Lot No. 9-A. THE responsibility for the maintenance and repair, snow and ice removal, upkeep of the roadbed and drainage facilities and any future assessment for constructions and/or repair of said private road or driveway 25 feet wide, shall be borne totally by the owners of the land for whose benefit said right-of-way was established, to-wit: one-third by the owners of Lot No. 9-A, one-third by the owners of Lot No. 9-B and one-third by the owners of Lot No. 9-C hereinabove mentioned. HAVING erected thereon a dwelling known as 960 Alexander Spring Road, Carlisle, PA 17013. PARCEL NO. 08-09-0523-046. BEING the same premises which William B. BoM Jr. and Anna M. Kennedy-Bolt, husband and wife, by Deed dated 05/28/2004 and recorded 06/04/2004 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 263, Page 1912, granted and conveyed unto Bruce C. Doupe and Shannon M. Doupe, husband and wife as Tenants by Entireties. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY REAL ESTATE SERVICES, LLC, s/b/m NATIONAL CITY MORTGAGE, INC., f/k/a NATIONAL CITY MORTGAGE CO., : NO: 09-5968 CIVIL TERM Plaintiff, vs SHANNON M. DOUPE and BRUCE C. DOUPE, Defendants. AFFIDAVIT PURSUANT TO RULE 31291 National City Real Estate Services, LLC, 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 960 Alexander Spring Road, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Shannon M. Doupe 960 Alexander Spring Road Bruce C. Doupe Carlisle, PA 17013 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) Ritner Steel, Inc. 131 Stover Drive Carlisle, PA 17015 r Ritner Steel, Inc. c/o Anthony Parker, Esquire Dean M. Della Loggia Dean M. Della Loggia c/o Scott A. Dietterick, Esquire 10th Floor, 300 N. 2nd Street Commerce Tower Harrisburg, PA 17101 P.O. Box 40 Hershey, PA 17033 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 4. Name and address of the last recorded holder of every mortgage of record: Name Graystone Bank Address (Please indicate if this cannot be reasonably ascertained) 112 Market Street Harrisburg, PA 17101 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 Dickinson Township Commonwealth of PA -DPW 1044 Pine Road Carlisle, PA 17013 P.O. Box 8016 Harrisburg, PA 17105 x Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 960 Alexander Spring Road Carlisle, PA 17013 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. October 13, 2009 Date SWORN TO and subscribed before me this 13th day of October, 2009. Notary Public 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 ILED-ice ?taF ,- T(-P^ ?7ARY 0? i NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Shannon M. Doupe Bruce C. Doupe 960 Alexander Spring Road Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on March 3, 2010 at 10:00 A.M., the following described real estate, of which Shannon M. Doupe and Bruce C. Doupe are owners or reputed owners: Dickinson Twp, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 960 Alexander Spring Road, Carlisle, PA 17013. Parcel No. 08-09-0523-046. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Real Estate Services, LLC, et al vs. Shannon M. Doupe, et al at 09-5968 in the amount of $216,348.75. 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 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.** rw 2C a9 0,, i 19 ° 2: 0-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-5968 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 SHANNON M. DOUPE AND BRUCE C. DOUPE, (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$216,348.75 Interest 10/14/09 - 03/03/2010 $4,978.98 Atty's Comm % Atty Paid $168.40 Plaintiff Paid Date: OCTOBER 19, 2009 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs 151 /1 --t I ?e_ Curtis R. Long, Prothonotary By: (X-?a 9. 4014 Depu REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: VITTI AND VITTI AND ASSOC., P.C., 916 FIFTH AVENUE, PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor National City Real Estate Services, LLC vs. Shannon M. Doupe SHERIFF'S RETURN OF SERVICE ~~~ i ~`•,~ ^'"' `d'am 2.i8..i.,. Lt1 ~i tv~ ..J Case Number 2009-5968 12/17/2009 08:47 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 17, 2009 at 2035 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Shannon M. & Bruce C. Doupe, located at, 960 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania according to law. 12/17/2009 08:47 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 17, 2009 at 2035 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Shannon M. Doupe, by making known unto, Bruce C. Doupe, husband of defendant, at, 960 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/17/2009 08:47 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 17, 2009 at 2035 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Bruce C. Doupe, by making known unto, Bruce C. Doupe, personally, at, 960 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 01/19/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Louis P. Vitti. 01/19/2010 Property sale cancelled on 1/19/2010 SHERIFF COST: $115.59 SQ AIVSWERS'°,.,~;. January 19, 2010 ONNY R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~„I rn ,~ -~_ .. .. ~:;= ;~_~ Lo ~ ~ ~~> u ~' L ~ c', ~ ~k~ ~.n~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY REAL ESTATE SERVICES, LLC, s/b/m NATIONAL CITY MORTGAGE, INC., f/k/a NATIONAL CITY MORTGAGE CO., NO: 09-5968 CIVIL TERM Plaintiff, vs SHANNON M. DOUPE and BRUCE C. DOUPE, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 National City Real Estate Services, LLC, 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 960 Alexander Spring Road, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Shannon M. Doupe 960 Alexander Spring Road Bruce C. Doupe Carlisle, PA 17013 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) Ritner Steel, Inc. 131 Stover Drive Carlisle, PA 17015 Ritner Steel, Inc. c/o Anthony Parker, Esquire Dean M. Della Loggia Dean M. Della Loggia c/o Scott A. Dietterick, Esquire 10th Floor, 300 N. 2nd Street Commerce Tower Harrisburg, PA 17101 P.O. Box 40 Hershey, PA 17033 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) Graystone Bank 112 Market Street Harrisburg, PA 17101 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 Dickinson Township Commonwealth of PA -DPW 1044 Pine Road Carlisle, PA 17013 P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 960 Alexander Spring Road Carlisle, PA 17013 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. October 13, 2009 Date SWORN TO and subscribed before me this 13th day of October, 2009. Notary Public ~ NOTARIAL SEAL SHERRY L HOUSE Notary Public CITY OF PITTSBURGH, ALLEGHENY COUNTI My Commission Expires May 15, 2011 Louis P. Vitti, Esquire Attorney for Plaintiff NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Shannon M. Doupe Bruce C. Doupe 960 Alexander Spring Road Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on March 3, 2010 at 10:00 A.M., the following described real estate, of which Shannon M. Doupe and Bruce C. Doupe are owners or reputed owners: Dickinson Twp, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 960 Alexander Spring Road, Carlisle, PA 17013. Parcel No. 08-09-0523-046. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Real Estate Services, LLC, et al vs. Shannon M. Doupe, et al at 09-5968 in the amount of $216,348.75. 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 Sheriff s Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff s Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed 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 REAL ESTATE SERVICES, LLC, s/b/m NATIONAL CITY MORTGAGE, INC., f/k/a NATIONAL CITY MORTGAGE CO., Plaintiff, vs SHANNON M. DOUPE and BRUCE C. DOUPE, Defendants. LEGAL DESCRIPTION NO: 09-5968 CIVIL TERM ALL that certain tract of land situate in Dickinson Township, Cumberland County, Permsylvania, bounded and described in accordance with Subdivision Plan for Barton S. Carpenter and wife, prepared by Stephen G. Fisher, Registered Surveyor, dated February 29, 1980, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 37, Page 18 as follows: BEGINNING at an iron pin in the original centerline of 33 feet wide Township Road T-467, known as Alexander Spring Road at the dividing line between the within described Lot No. 9 and Lot No. 1; thence from said iron pin at the place of beginning in said Township Road T-467 and continuing beyond along the Eastern line of land now or formerly Eddie L. Hurley, North 21 degrees 54 minutes 30 seconds West a distance of 392.78 feet to an iron pin at the dividing line between the within described Lot No. 9 and Lot No. 9-A; thence along the Southern line of Lot Nos. 9-A, 9-B and 9-C North 65 degrees 28 minutes 50 seconds East, a distance of 1,128.78 feet to an iron pin at the Southeastern corner of said Lot No. 9-C; thence along a portion of the Western line of Lot No. 8-A, South 24 degrees 31 minutes 10 seconds East, a distance of 237.60 feet to an iron pin at the dividing line between Lots Nos. 8-A and 7; thence along the Northern line of Lots 7, 6 and a portion of Lot No. 5, South 31 degrees 21 minutes 40 seconds West, a distance of 269.30 feet to an iron pin; thence still along a portion of the Northern line of said Lot No. 5 and continuing along the Northern line of Lot Nos. 4, 3, 2 and 1, South 65 degrees 15 minutes West, a distance of 923.74 feet to an iron pin in the original centerline of 33 feet wide T-467, known as Alexander Spring Road, at the place of beginning. THE ABOVE described tract of land is all of Lot No. 9 as shown on said Plan of Lots recorded in Plan Book 37, Page, 18, and contains an area of 9.803 acres of which there is erected a dwelling house and other improvements, with mailing address of 960 Alexander Spring Road, Carlisle, PA 17013. THE Western portion of the above described Tract No. 9 is subject to public and private rights in the roadbed of Alexander Spring Road and a 25 feet wide private right-of--way as shown on the above mentioned plan. NO right of access express of implied across the Southern portions of Lots Nos. 9-A, 9-B and 9-C which constitute the roadbed of a 25 feet wide private right-of--way is intended to be expected or reserved for the benefit of the land adjoining on the South hereinabove described as Lot No. 9, it being the intention of Barton S. Carpenter and wife that access to all of said Lot No. 9 shall be obtained over said Lot No. 9 which abuts said Township Road T-467, known as Alexander Spring Road and which includes a 25 feet wide private right-of--way extending Northwardly from said Alexander Spring Road to the Southern line of Lot No. 9-A. THE responsibility for the maintenance and repair, snow and ice removal, upkeep of the roadbed and drainage facilities and any future assessment for constructions and/or repair of said private road or driveway 25 feet wide, shall be borne totally by the owners of the land for whose benefit said right-of--way was established, to-wit: one-third by the owners of Lot No. 9-A, one-third by the owners of Lot No. 9-B and one-third by the owners of Lot No. 9-C hereinabove mentioned. HAVING erected thereon a dwelling known as 960 Alexander Spring Road, Carlisle, PA 17013. PARCEL NO. 08-09-0523-046. BEING the same premises which William B. Bott, Jr. and Anna M. Kennedy-Bolt, husband and wife, by Deed dated 05/28/2004 and recorded 06/04/2004 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 263, Page 1912, granted and conveyed unto Bruce C. Doupe and Shannon M. Doupe, husband and wife as Tenants by Entireties. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-5968 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 SHANNON M. DOUPE AND BRUCE C. DOUPE, (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$216,348.75 L.L.$.50 Interest 10/14/09 - 03/03/2010 $4,978.98 Atty's Comm Atty Paid $168.40 Plaintiff Paid Due Prothy $2.00 Other Costs Date: OCTOBER 19, 2009 (Seal) REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Curtis R. Long, Prothonotary Dep ty Address: VITTI AND VITTI AND ASSOC., P.C., 916 FIFTH AVENUE, PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 On October 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as 960 Alexander Spring Road Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 27, 2009 B~: Q~c al s a `Coordi to"r~~ ~~~ i Fj r.., c ~ ~ ,. ~~ ~ ~ ~ ,e 6", ```' \\~~' FILED-OFFICE TK PROT19ONO TAR'' 20113 APR 24 AM 11: 17 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY REAL ESTATE CIVIL DIVISION SERVICES, LLC, s/b/m NATIONAL CITY MORTGAGE, INC., f/k/a NATIONAL NO. 09-5968-CV CITY MORTGAGE CO., PRAECIPE TO SETTLE, DISCONTINUE, SATISFY AND Plaintiff END WITHOUT PREJUDICE , MORTGAGE FORECLOSURE VS. Filed on behalf of Plaintiff SHANNON M. DOUPE and BRUCE C. Counsel of record for this DOUPE, PAY Louis P. Vitti, Esquire Defendants. PA I.D. #01072 Vitti &Vitti &Associates, P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION National City Real Estate Services, LLC, s/b/m National City Mortgage, Inc., f/k/a National City No. 09-5968-CV Mortgage Co., Plaintiff VS. Shannon M. Doupe and Bruce C. Doupe, Defendants. PRARCIPF TO SETTLE,DISCONTINUE, SATISFY AND FND WITHOUT PRE TUDICE TO: THE PROTHONOTARY KINDLY settle, discontinue, satisfy and end without prejudice as to all Defendants in the above-captioned matter. VITTI&VITTI &ASSOCIATES,P.C. BY- ouis P. Vitti,Esquire Attorney for Plaintiff