HomeMy WebLinkAbout09-7420
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 DBA
COMMONWEALTH MID-ATLANTIC
MORTGAGE
VS.
TERRI J. BARNETT
TO DEFENDANT(S):
Plaintiff,
Defendants.
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.
CIVIL DIVISION
NO. CA_ 74610 CiviC-6,"
COMPLAINT IN MORTGAGE
FORECLOSURE
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
By: /S/l+0~ P. Ift
Attorney for Plaintiff
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 DBA
COMMONWEALTH MID-ATLANTIC MORTGAGE
vs.
TERRI J. BARNETT,
Plaintiff,
Defendant(s).
NO:
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, 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 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 2240
Dewey Lane, Enola PA 17025. The property address is 43 Lee Ann Court, Enola PA
17025 and is the subject of this action.
3. On the 19th day of June, 2003, in consideration of a loan of One Hundred Forty
Five Thousand Seven Hundred and 00/100 ($145,700.00) Dollars made by National City
Mortgage Co. DBA Commonwealth Mid-Atlantic Mortgage, to Defendant(s), the said
Defendant(s) executed and delivered to National City Mortgage Co. DBA Commonwealth
Mid-Atlantic Mortgage a "Note" secured by a Mortgage with the Defendant(s) as
mortgagor(s) and National City Mortgage Co. DBA Commonwealth Mid-Atlantic Mortgage,
as mortgagee, which mortgage was recorded on the 24th day of June, 2003, in the Office of
the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1818, page
4133. The said mortgage is incorporated herein by reference thereto as though the same
were set forth fully at length.
4. The premises secured by the mortgage are:
SEE EXHIBIT "A" ATTACHED HERETO.
5. Said mortgage provides, inter alia:
"that when as soon as the principal debt secured shall become due and payable,
or in case default shall be made in the payment of any installment of principal and
interest, or any monthly payment, keeping and performance by the mortgagor of any of
the terms, conditions or covenants of the mortgage or note, it shall be lawful for
mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the
mortgage, of principal debt, interest and all other recoverable sums, together with
attorney's fees."
6. Since May 1, 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.
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 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 Fifty Thousand One
Hundred Three and 50/100 ($150,103.50) with interest and costs.
Respectfully submitted,
jVITT I D VITTI AND ASSOC., P.C.
P. Vitti, Esqui
Attorney for Plaintiff
e •
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance 132,552.43
Interest @ 5.5000% from 04/01/09 through 10/31/2009 4,254.39
(Plus $19.9737 per day after 10/31/2009 )
Late charges through 10/26/2009
0 months @ 46.95
Accumulated beforehand 46.95
(Plus $46.95 on the 17th day of each month after 10/26/2009 )
Attorney's fee 6,627.62
Escrow deficit 6,622.11
(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 150,103.50
EXHIBIT "A"
LEGAL DESCRIPTION
Legal Description
ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro
Township, County of Cumberland, and Commonwealth of Pennsylvania,
bounded and described as follows, to wit!
BEGINNING at a point on the southern right-of-way line of Lee Ann
Court, a 50 foot right-of-way, 34 foot cartway, said point being at the
northeastern comer of Lot No. F-3 on the hereinafter mentioned Plan of
Lots; thence by the southern right-of-way line of Lee Ann Court by a
curve extending to the left_ in a northeasterly direction having a
radius of 175.00 feet, an arc length of 22.078 feet to a point at Lot
No. F-1 on the hereinafter mentioned Plan of Lots; thence by Lot No.
F-1, South 13 degrees 39 minutes 17 seconds East, a distance of 157.29
feet to a point at land now or late of Virgil C. and Gilbert R. Magaro;
thence by land now or late of virgil C. and Gilbert R. Magaro, South 60
degrees 30 minutes 00 seconds West, a distance of 22.87 feet to a point
at Lot No. F-3 on the hereinafter mentioned Plan of Lots; thence by Lot
No. F-3 North 13 degrees 39 minutes 17 seconds west, a distance of
1762.04 feet to a point at the southern right-of-way line of Lee Ann
Court; the point and place of BEGINNING.
BEING Lot No. F-3 on a Final Subdivision Plan for Sherwood Court
(Phases 2 and 3) and recorded in Cumberland County Plan Book 73, Page
140, et seq., and on a Revised Final Subdivision Plan for Sherwood
Court, Phases 2 and 3, recorded in Cumberland County Plan Book 2, Page
147.
HAVING THEREDN erected townhouse dwelling known and numbered as 43 Lee
Ann Court.
UNDER AND SUBJECT to a certain Declaration of Sherwood Court, a Planned
Community, recorded in,the Office of Recorder of Deeds of Cumberland
County in Miscellaneous Book 626, Page 383, as amended by Amendment to
Declaration of Sherwood Court, a Planned Community, recorded in the
office of Recorder of Deeds of Cumberland County in Miscellaneous Book
638, Page 826, as amended by Second Amendment to Declaration of
Sherwood Court, a Planned Community, recorded in the office of the
Recorder of Deeds of Cumberland County in Miscellaneous Book 653, Page
51, as amended by Third Amendment to Declaration of Sherwood Court, a
Planned Community, recorded in the Office of the Recorder of Deeds of
Cumberland County in Miscellaneous Book 673, Page 457, as amended by
Fourth Amendment to Declaration of Sherwood Court, a Planned Community,
recorded in the office of the Recorder of Deeds of Cumberland County in
Miscellaneous Book 683, Page 4503, as amended by Fifth Amendment to
Declaration of Sherwood Court, a Planned Comt:.;mity, recorded in the
Office of the Recorder of Deeds of Cumberland County in Miscellaneous
Book 688, Page 1294.
,..._ .L_ ....,.ma„ma anArhadulaa a and H are attachad
EXHIBIT "A"
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.
Louis P. Vitti
Dated: October 26, 2009
b
F? ED- FFICE
OF THE' PIRC)THIC"NIOTARY
2009 OCT 28 PM 1: OO
i; r , JliNTY
*1%. SO Pb ATH
eK.* f scosa
Sheriff s Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
National City Real Estate Service, LLC,
vs.
Terri J. Barnett
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Case Number
2009-7420
SHERIFF'S RETURN OF SERVICE
10/29/2009 11:20 AM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October
29, 2009 at 1120 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Terri J. Barnett, by making known unto Edward Matthews, husband of
defendant at 2240 Dewey Lane Enola, Cumberland County, Pennsylvania 17025 its contents and at the
same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $55.00
October 30, 2009
SO ANSWERS,
~'' ~°..~
R THOMAS KLINE, SHERIFF
B'Y
Deputy Sheriff
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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. d/b/a
COMMONWEALTH MID-ATLANTIC
MORTGAGE,
Plaintiff,
vs.
CIVIL DIVISION
NO. 09-7420
AFFIDAVIT OF SERVICE
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.D. #3810
Supreme Court #01072
TERRI J. BARNETT,
Vitti and Vitti and Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
Defendant.
(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., d/b/a COMMONWEALTH MID-ATLANTIC NO: 09-7420
MORTGAGE,
Plaintiff,
vs
TERRI J. BARNETT,
Defendant.
AFFIDAVIT OF SERVICE
I, Louis P. Vitti, do hereby certify that a Notice of Sale was mailed and served upon the
defendant personally by the Sheriff of Cumberland County and all lien holders by Certificate of
Mailing for service in the above-captioned case on December 14, 2009, advising them of the
Sheriffs sale of the property at 43 Lee Ann Court, Enola, PA 17025, on June 2, 2010.
VITTI AND VITTI AND ASSOCIATES, P.C.
B
Louis P. Vitti
SWORN to and subscribed
before me this 13th day
of May, 2010.
Notary Publi
NOTARIAL SEAL
SHERRY L HOUSE
Norary Public
CITY OF Q'Tr~~ ~= .~H, ALLEGHENY COUNTY
~,~y Co-• ~-- << Frpires May 15, 2011
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SHERIFFS OFFICE OF CUMBERLAND COUNTY
~•
Ronny R Anderson FLT , :~ , t
Sheriff „~ ?-~,~~ ; ~ ~ :fac?Y
~g~',tp of ~i~mbP~~ ~ •~
Jody S Smith `~
Chief Deputy ~ :~~~.;:~ ZOIO J~~ ~ ti a °i ~~~ ~ 1
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Solicitor c~fic6cF,HES>?ERiFF C~'tY -~' r.;`^L'i°1'
;....,,,, , , .'r, , h
National City Real Estate Service, u
vs.
Terri J. Barnett
Case Number
2009-7420
HERIFF'S RETURN OF SERVICE
04/05/2010 09:12 PM -Mark Conkl n, Deputy Sheriff, who being duly sworn according to law, states that on April 5,
2010 at 2110 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description,
in the above entitled a ion, upon the property of Terri J. Barnett, located at 43 Lee Ann Court, Enola,
Cumberland County, P nnsylvania according to law.
04/05/2010 09:22 PM -Mark Conkl~n, Deputy Sheriff, who being duly sworn according to law, states that on April 5,
2010 at 2120 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the
above entitled action, u on the within named defendant, to wit: Terri J. Barnett, by making known unto,
Terri J. Barnett, person Ily, at 2240 Dewey Lane, Enola, Cumberland County, Pennsylvania its contents
and at the same time h nding to her personally the said true and correct copy of the same.
06/03/2010 Ronny R. Anderson, Sfjeriff, who being duly sworn according to law, states that after due and legal notice
had been given accordi g to law, he exposed the within described premises at public venue or outcry at
the Courthouse, Carlisl ,Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He
sold the same for the s m of $1.00 to Attorney Louis P. Vitti, on behalf of PNC Mortgage, a division of
PNC Bank, et. al., 323 Newmark Drive, Miamisburg, OH 45342, being the buyer in this execution, paid to
Sheriff Ronny R. Ande son, the sum of $ 1,306.28
SHERIFF COST: $1,306.28 SO ANSWERS,
June 30, 2010 RON R ANDERSON, SHERIFF
a -od ~~r. L'o.
~~ 7~~~s
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IN THE COURT OF OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY RE ESTATE SERVICES, LLC, s/b/m
NATIONAL CITY MOR GAGE, INC., f/k/a NATIONAL CITY
MORTGAGE, CO., d/b/a COMMONWEALTH MID-ATLANTIC : NO: 09-7420
MORTGAGE,
Plaintiff,
vs
TERRI J. BARNETT,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
National City Real Estate ervices, et a1, Plaintiff in the above action, sets forth as of the date the Praecipe
for the Writ of Execution as filed the following information concerning the real property located at 43
Lee Ann Court, Enola, P 17025.
1. Name and addr ss of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Terri J. Barnett 2240 Dewey Lane
Enola, PA 17025
2. Name and addr ss 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 k
the real property to be sold
Name:
Cedar-Pennsboro
address of every judgment creditor whose judgment is a record lien on
Address (Please indicate if this
cannot be reasonably ascertained)
LP 44 South Bayles Avenue
Port Washington, NY 11050
d i ~ '1
t
4. Name and add
Name
Vartan National Bank
Members 1st Federal i
5. Name and
Name
None
6. Name and
property and whose in
Name
Sherwood Court H
c/o Peter Nakhoul,
Edward Matthews
7. Name and
interest in the property
Name
Tax Collector of East
c/o Alicia Stine
American Water
Township of East
Sewer & Trash
;ss of the last recorded holder of every mortgage of record:
Address (Please indicate if this
cannot be reasonably ascertained)
3601 Vartan Way
Harrisburg, PA 17110
it Union 5000 Louise Drive
Mechanicsburg, PA 17055
:ss of every other person who has any record lien on the property:
Address (Please indicate if this
cannot be reasonably ascertained)
.s of every other person who has any record interest in or record lien on the
may be affected by the sale:
Address (Please indicate if this
cannot be reasonably ascertained)
;r's Association P.O. Box 127
r Enola, PA 17025-0127
2240 Dewey Lane
Enola, PA 17025
s of every other person of whom the Plaintiff has knowledge who has any
i may be affected by the sale:
Address (Please indicate if this
cannot be reasonably ascertained)
Coro Township 98 S. Enola Drive, Room 101
Enola, PA 17025
P.O. Box 371412
Pittsburgh, PA 15250
98 S. Enola Drive
Enola, PA 17025
-
s ,
Commonwealth of PA -D:
Clerk of Courts
Criminal/Civil Division
Tax Claim Bureau of Cum
Cumberland County Courl
Court of Common Pleas o:
Cumberland County
Domestic Relations Divisi
PA Dept. of Sheriff Sales
Bureau of Compliance
Tenant/Occupant
I verify that the sta
knowledge or information
penalties of 18 Pa. C.S. Se~
December 2.2009
Date
SWORN TO and subsc
before me this 2nd day
of December, 2009.
Notary Public
County
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
Dept. #281230
Harrisburg, PA 17128-1230
43 Lee Ann Court
Enola, PA 17025
;nts made in this affidavit are true and correct to the best of my personal
belief. I understand that false statements herein are made subject to the
~ 4904 relating to unsworn falsification to authorities.
Louis . Vitti, Esquire
Attorney for Plaintiff
NO7AR1Al SEAL
SHERRY L HOUSE
CAN OF PITTS URGH, Public
~ Camm(ssion Exp es Ma NY COUNTI
Y 15, 2011
• 3
TO: Tern J. Barnett
2240 Dewey Lan
Enola, PA 17025
AND: ALL LIEN
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TAKE NOTICE th t by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland Co ty, Pennsylvania and to the Sheriff of Cumberland County, directed, there will
be exposed to Public Sal in Cumberland County Courthouse on June 2, 2010 at 10:00 A.M., the
following described real a tate, of which Terri J. Barnett are owners or reputed owners:
East Pennsboro Twp, Cty f Cumberland & Cmwlth of PA. HET a dwg k/a 43 Lee Ann Court, Enola,
PA 17025. Parcel No. 09 15-1288-304.
The said Writ of
National City Real Estate
Claims against
Claims to proceeds
Schedule of Distri
from sale date.
Exceptions to Dist
Sheriff no later than ten (1
Sheriff.
The Writ of Executi~
property to be held or taken
being taken. A lawyer can a
you must act promptly.
i has issued on a judgment in the mortgage foreclosure action of
et al vs. Terri J. Barnett at 09-7420 in the amount of $150,742.65.
must be filed at the Office of the Sheriff before above sale date.
be made with the Office of the Sheriff before the sale date.
will be filed with the Office of the Sheriff no later than thirty (30) days
~ution or a Petition to Set Aside the Sale must be filed with the Office of the
days from the date when Schedule of Distribution is filed in the Office of the
has been issued because there is a judgment against you. It may cause your
pay the judgment. You may have legal rights to prevent your property from
rise you more specifically of these rights. If you wish to exercise your rights
YOU S~IOULD fiAKE•THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO bR TELEPHONE HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
You may have leg rights to prevent the Sheriffs Sale and the loss of your property. In order to
exercise those rights, pro pt action on your part is necessary. A lawyer may be able to help you.
You may have th~right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a
petition to open or strike a judgment or a petition to stay the execution.
If the judgment w 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 a right to have the judgment opened in you promptly file a petition with the
Court alleging a valid de ense and a reasonable excuse for failing to file the defense on time. If the
judgment is opened, the S eriffs Sale would ordinarily be delayed pending a trial of the issue of whether
the Plaintiff has a valid cl ' to foreclose the Mortgage.
You may also have a right to have the judgment stricken if the Sheriffhas not made a valid return
of service of the Complain and Notice to Defend or if the judgment was entered before twenty (20) days
after service or in certain ther 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 d fect in the Writ of Execution or service or demonstrate any other legal or
equitable right:
You may also have
inadequate price or if
petition with the Court
Sheriff will deliver the l
when the Schedule of I
ie right to have the Sheriffs Sale set aside if the property is sold for a grossly
are defects in the Sheriffs Sale. To exercise this right, you should file a
the sale and before the Sheriff has delivered his Deed to the property. The
if no petition to set aside the sale is filed within ten (10) days from the date
~ution is filed in the Office of the Sheriff.
ouis P. Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
** THIS FIRM IS A D
INFORMATION WE OBT~
RECEIVED A DISCHARG.
NOT BE CONSTRUED TO
OF A LIEN AGAINST PRC
BT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
K WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
IN BANI~tUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD
E AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT
.**
F
IN THE COURT OF
NATIONAL CITY REAI
NATIONAL CITY MOR'
MORTGAGE, CO., d/b/a
MORTGAGE,
PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ESTATE SERVICES, LLC, s/b/m
,GAGE, INC., f/k/a NATIONAL CITY
COMMONWEALTH MID-ATLANTIC : NO: 09-7420
Plaintiff,
vs
TERRI J. BARNETT,
LEGAL DESCRIPTION
ALL that certain piece or
Commonwealth of Pennsyl
Defendant.
rcel of land situate . in East Pennsboro Township, County of Cumberland and
ia, bounded and described as follows, to wit:
BEGINNING at a point on a Southern right-of--way line of Lee Ann Court, a 50 foot right-of-way, 34 foot
cartway, said point being at he Northeastern corner of Lot No. F-3 on the hereinafter mentioned Plan of Lots;
thence by the Southern righ of-way line of Lee Ann Court by a curve extending to the left in a Northeasterly
direction having a radius of 75.00 feet, an arc length of 22.078 feet to a point at Lot No. F-1 on the hereinafter
mentioned Plan of Lots; then by Lot No. F-1, South 13 degrees 39 minutes 17 seconds East, a distance of 157.29
feet to a point at land now or ate of Virgil C. and Gilbert R. Magaro; thence by land now or late of Virgil C. and
Gilbert R. Magaro, South 60 degrees 30 minutes 00 seconds West, a distance of 22.87 feet to a point at Lot No.
F3 on the hereinafter mention d Plan of Lots; thence by Lot No. F-3 North 13 degrees 39 minutes 17 seconds West,
a distance of 1762.04 feet to a point at the Southern right-of--way line of Lee Ann Court, the point and place of
beginning.
BEING Lot no. F-2 on a Fina Subdivision Plan for Sherwood Court (Phases 2 and 3) and recorded in Cumberland
County Plan book 73, Page 1 0, et seq., and on a Revised Final Subdivision Plan for Sherwood Court, Phases 2
and 3, recorded in Cumberla d County Plan Book 2, Page 147.
HAVING erected thereon a d~vvelling known as 43 Lee Ann Court, Enola, PA 17025.
UNDER and subject to a ce in Declaration of Sherwood Court, a Planned Community, recorded in the Office
of Recorder of Deeds of Cum erland County in Miscellaneous Book 626, Page 383, as amended by Amendment
to Declaration of Sherwood Court, a Planned Community, recorded in the Office of Recorder of Deeds of
Cumberland County in Miscel aneous Book 638, page 826, as amended by Second Amendment to Declaration of
Sherwood Court, a Planned C mmunity, recorded in the Office of the recorder of Deeds of Cumberland County
in Miscellaneous Book 653, age 51 as amended by Third Amendment to Declaration of Sherwood Court, a
Planned Community, recorde in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous
Book 673, page 457, as amend d by Fourth Amendment to Declaration of Sherwood Court, a Planned Community,
recorded in the Office of the ecorder of Deeds of Cumberland County in Miscellaneous Book 683, page 4503,
as amended by Fifth Amendm nt to Declaration of Sherwood Court, a Planned Conununity, recorded in the Office
of the Recorder of Deeds of umberland County in Miscellaneous Book 688, Page 1294.
PARCEL NO. 09-15-1288-30~.
BEING the same premises wh'ch Russell C. Goodling and Janet D. Goodling, husband and wife, by Deed .dated
10/18/2002 and recorded 10/2 /2002 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book
Volume 254, page 924, grante and conveyed unto Terri J. Barnett, a single woman.
WRIT OF EXECUTION and/or ATTACHMENT
i
COMMONWEALTH OF PENNSYLVANIA) NO 09-7420 Civil
COUNTY-OF CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF
To satisfy the debt,
s/b/m NATIONAL CI'
COMMONWEALTH
From TERRI J. BA:
(1) You are direc~
DESCRIPTh
(2) You are also direct
of
GARNISHEE(S) as foil
MBERLAND COUNTY:
;rest and costs due NATIONAL CITY REAL ESTATE SERVICES, LLC
MORTGAGE INC, f/Wa NATIONAL CITY MORTGAGE, CO., d/b/a
D-ATLANTIC MORTGAGE, Plaintiff (s)
to levy upon the property of the defendant (s)and to sell SEE LEGAL
to attach the property of the defendant(s) not levied upon in the possession
and to notify the garnish e(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 disposin thereof;
(3) If properly of the d fendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a n ed garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoine as above stated.
Amount Due $150,742.b
Interest -- $4,485.11
Atty's Comm
Atty Paid $174.00
Plaintiff Paid
Date: 12/7/09
(Seal)
REQUESTING PARTY:
Name: LOUIS P. VITT]
Address: VITTI AND V
916 FIFTH A~
PITTSBURGH
Attorney for: PLAINTIF
Te 1 ep h o n e: 412-2 81-172 ~
Supreme Court ID No. Ol
L.L. $.50
Due Prothy $2.00
Other Costs
urti .Long, Prothonot
By:
Deputy
ESQUIRE
CTI AND ASSOC., PC p~p~ _
PA 15219 i~! T~il~~Wli, ~ tt61'@ U1'i~t) S+E4 i7~~' '°8>~'
end 9 of ~ ~ Csri~:~~. Px
. ~_ ~ aoo9
72 ~ '~i~ ~1 ~
On March 22, 2010 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA,
Known and numbered, 43 Lee Ann Court, Enola,
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: March 22, 2010
By:
Real Estate Coordinator
~~~~~~
~ 1 :~ d
1 i 9~4 b4~2
d~ `~.ir~no~ l~ht~o~~~~ ~ "~~
~ ~1~3NS 3N ~ -
~~~~~~
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Un er Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH
COUNTY OF
Lisa Marie Coyi
State aforesaid, being du
Journal, a legal periodica
was established January
periodical for the public
issued weekly in the said
exactly the same as was
Journal on the following
PENNSYLVANIA
ss.
e, Esquire, Editor of the Cumberland Law Journal, of the County and
y sworn, according to law, deposes and says that the Cumberland Law
published in the Borough of Cazlisle in the County and State aforesaid,
., 1952, and designated by the local courts as the official legal
:ion of all legal notices, and has, since January 2, 1952, been regularly
County, and that the printed notice or publication attached hereto is
printed in the regular editions and issues of the said Cumberland Law
16 Apri123, and Apri130, 2010
Affiant further
Law Journal, a legal pE
matter of the aforesaid
statements as to time,
s that he is authorized to verify this statement by the Cumberland
~1 of general circulation, and that he is not interested in the subject
or advertisement, and that all allegations in the foregoing
and chazacter of publication aze true.
r
,~~
isa Marie Coyn Editor
SWORN TO AND SUBSCRIBED before me this
0 day of April, 2010
Notary
NOTARIAL
DEBORAH A COLLINS
Nohnt Publk
CARLI8LE BORgRiM. CUMBERLAND COUNTY
My Conanbtbe Ex~ Ap 2B. 2014
wdt ~.. ~M-'F~ canal
Natiaml Cfg~ Rad igstwra ~,
LLC, 3/B/M National City
Mortgage, Inc. F/K/A National
City Mortgage Co., d/b/a
Commonwealth Mid-Atlantic
Mortgage
va.
Terri J. Barnett
Atty: Louis P Vitti
ALL that certain piece or parcel
of land situate in East Pennaboro
Township, County of Cumberland
and Commonwealth of Pennsylvania,
bounded and described as follows,
to wit:
BEGINNING at a point on the
Southern right-of-way line of Lee
Ann Court, a 50 foot right-of--way,
34 foot cartway, said point being at ;
the Northeastern corner of Lot No.
F-3 on the hereinafter mentioned
Plan of Lots; thence by the Southern
right-of-way line of Lee Ann Court
by a curve extending to the left in a
Northeasterly direction having a ra-
dius of 175.00 feet, an arc length of
22.078 feet to a point at Lot No. F-1
on the hereinafter mentioned Plan of
Lots; thence by Lot No. F-1, South 13
degrees 39 minutes 17 seconds East,
a distance of 157.29 feet to a point
at land now or late of Virgil C. and
Gilbert R. Magaro; thence by land
now or late of Virgil C. and Gilbert
R. Magaro, South 60 degrees 30
minutes 00 seconds West, a distance
of 22.87 feet to a point at Lot No. F3
on the hereinafter mentioned Plan of
Lots; thence by Lot No. F-3 North 13
degrees 39 minutes 17 seconds West,
a distance of 1762.04 feet to a point
at the Southern right-of-way line of
Lee Ann Court, the point and place
of beginning.
BEING Lot no. F-2 on a Final
Subdivision Plan for Sherwoe~Court
(Phases 2 and 3) and recorded in
Cumberland County Plan book 73,
Page 140, et seq., and on a RevisM
Final Subdivision Plan for Shsnvood
Court, Pfuss4 Z said 3, nosedsd is
Cumberland County Plan Book 2,
Page 147.
-~'~~Q7 ~~~6loY?
Y . 1":3~.- J (: `p1a 1f1 2'1fA1.!'J `~r..fiS.~kti l.'s`~ : f~R.1 !t { '
~ a'sl~p~ ~ x ~:.~+ ?~>~na~ dtlr$7t?fPRC
~....~w~.....,,~n ~ .~..,.,. ,~,.,wW,; . ,~......,..,.,, .. .. ._..
HAVING erected thereon a dwell-
ing known as 43 Lee Ann Court,
Enola, PA 17025.
UNDER and subject to a certain
Declaration of Sherwood Court, a
Planned Community, recorded in the
Office of Recorder of Deeds of Cum-
berland County in Miscellaneous
Book 626, Page 383, as amended by
Amendment to Declaration of Sher-
wood Court, a Planned Community,
recorded in the Office of Recorder
of Deeds of Cumberland County in
Miscellaneous Book 638, page 826, ;
as amended by Second Amendment
to Declaration of Sherwood Court,
a Planned Community, recorded in
the Office of the recorder of Deeds
of Cumberland County in Miscella-
neous Book 653, page 51 as amended
by Third Amendment to Declaration `
of Sherwood Court, a Planned Com- ,
munity, recorded in the Office of the
Recorder of Deeds of Cumberland '
County in Miscellaneous Book 673,
page 457, as amended by Fourth '
Amendment to Declaration of Sher-
wood Court, a Planned Community,
recorded in the Office of the Recorder
of Deeds of Cumberland County in
Miscellaneous Book 683, page 4503,
as amended by Fifth Amendment
to Declaration of Sherwood Court,
a Planned Community, recorded in
the Office of the Recorder of Deeds
of Cumberland County in Miscella-
neous Book 688, Page 1294.
PARCEL NO. 09-15-1288-304.
BEING the same premises which
Russell C. Goodling and Janet D.
Goodling, husband and wife, by Deed
dated 10/18/2002 and recorded
10/24/2002 in the Recorder's Office
of Cumberland County, Pennsylva-
nia, Deed Book Volume 254, page
924, granted and conveyed unto Terri
J. Barnett, a single woman.
The Patriot-News Co.
2020 Technology Pkwy
Suite 300 ,
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
~e~latriot-News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
This ad ran on the date(s) shown below:
04/16110
Sworn to and sub cribed before me tI}rs 18 d~of May, 2010 A.D.
~- ,/
r ,~ ~ ;
-~:
__.
`--"" Notary Public
COMMONWEALTH OF PElVNSYLVANL4
Sherrie L Klsner~ Seal
lower Paxton Notary ~~
My Commisslo ~~~ ~~ County
Member, ? ~~ ~'' 26, 2011
ennsV~vanla Assoclatlon of Notartes
04/23110
04/30/10
Writ No. 2009-7420 CIvN Term
NatlonM City t3eal Estate
Servlte, LLC,
L S/B/M National City Mortgage,
Inc.. F/K/A
National Clly Mortgage Co., dlb/a
Commonwealth Mid-Atlantic
Mortgage '
Vs.
Terri J. t3amaS
Arty: louts P VRtI
ALL that certain piece otpatoel of lend situate in
East Peansboro Townsiup, County of Cumberland
and Commonwealth of Pennsylvania, bounded
and described as follows, to wit
BEGINNING at a point od the Southern right-
of-.wag line of Lee Ann Court, a 50 foot ~right-
of-w4Y, 34 foot cartway; said point being at
the Northeastern comer of Lot No. &3 on the
herei~aftermemioced Plan of Lots; thence by the
Southern rightof--way line of Lee Ann Court by
a curve extending to the left in a Northeasterly
dvec6on having a radius of 175.00 feet, an azc
length of 22.078 feet to a point at Lot No. F•1
on the hereinafter mentioned Plan of Lots; thence
by Lot No. F-1, South 13 degrees 39 minutes
17 seconds East, a distance of 157.29 feet to a
point at land now or late of Yngil C. and Gilbert
R. Magaro; thence by land now or late of Yugil
C. and Gilbert R. Magaro, South 60 degrees 30
minutes 00 seconds West, a distance of 22.87
feet to a point at Lot No. F3 on the hereinafter-
mentioned Plan of Lots; thence by Lot No. F-3
NorVh,13 ,degrees 39 minutes 17 seconds Vest, a
distance of 1762.04 feet to a point at the Southern
rightof--way line of Lee Ann Corer, the point and
place of beginning.
BEING Lot no. F-2 on a Final Subdivision Plan
for Sherwood Court (Phases 2 and 3) and~recaded
in Cumberland County Plan book 73, Page 140,
et seq., and on a Revised Final Subdivision Plan
for Sherwood Couit, Phases 2 and 3, recorded in
Cumberland County Plan Book 2, Page 147.
HAVING erected thereon a dwelling known as 43
Lee Ann Court, Enola, PA 17025.
UNDER and subject to a certain Dechuafion of
SherwoodCourt, aPlannedCommunity,recorded
in the Office of Recorder oflkeds ofl~mberhmd
County in Miscellaneous Book 626, Page 383,
ast amended by Amendment to Declaration of
Sherwood Court, a Planned Community, recorded
in tbe Office of Recorder of Deeds of Cumberland
County in MiscelhureousBook b38,page 826, as
amended by Second Amendment to Dechrration
of Sherwood Court, a Planned Community,
recorded in the Office of the recorder of Deeds
cf Cumberland County in Miscellaneous Book
653, page 51 as amended by Third Amendment
to Declaration of Sherwood Court, a Planned
Community, recorded in the Office of the Recorder
of Deeds of Cumberland County iu Miscellaneous
Book 673, page 457, as amended by Fourth
Amendment to Decheation of Sherwood Court.
a Planned Community. recorded is the Office of
the Recorder of Deeds of Cumberland County in
Miscellaneous Book 683, page 4503, as amended
by Fifth Amendment to Declaration of Sherwood
Court, a Planned Community, recorded. in the
Office of tbe Recorder of Deeds of (,tirmbedand
County in Miscellaneous Book 68~, Page 1294.
PARCEL N0.09.15-1288-304.
BEING the same premises which Russell C.
Goodling and Janet D. Goodling, husband
and. wife, by Deed dated 10/18/2002 and
recorded 10/24/2002 in the Recorder's Office of
Cumberland County, Pennsylvania, Deed Book
Volmme 254. page 924, grantcd and oaovcycd
unto Trxri J. Barnett, a siegle woman.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which PNC MORTGAGE is the grantee the same having been sold to said grantee
~~L~
on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 7TH day
r~+~ ~
of DECEMBER, A.D., 3.fl2009, out of the Court of Common Pleas of said County as of Civil Term,
2009 Number 7420, at the suit of NATIONAL CITY REAL ESTATE SER LLC against TERRI J
BARNETT is duly recorded as Instrument Number 201019103.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this ~ day of
~~ , A.D. ~i~ j t~
Recorder of Deeds
Recorder dtfeede, d~mDedend t;ot~ M
My CArmtisaion E~ires the First t~orklgt d Jen. 2014