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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 g~'~~ttt' Dl ti.iUilutjj~~ ;.,.~~ -mac ,-., cfiilFF ~,~ TLS , . _'' ti?T"~?Y ".,y'Y - .~ ~ I ~l ,ir~ 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 iF' IwFrr- f~~~~ l n r..-~:17~Y ~ ~ ~ t! Za~ON,`~ l8 P~~ 2~ U~ A a': ~ v l1w,w i ~J~i I Fir i ~~~ -,,in~`~^r,;i~ 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 U. S. POSTAL SERVICE CERTIFICATE OF MAILING ~ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~ Received From: I Vitti and Vitti and Associates P.C. I 916 Fifth Avenue. Pittsburgh PA 15219 Gtt nA ~ P One piece of ordinary mail addressed to: y PA Dept. of Sheriff Sales F- ~ Bureau of Compliance °~ Luf;. Dept. #281230 ~SpS Harrisburg PA 17128-1230 ra roan saT i, January zuui U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti and Vitti and Associates P.C. p~ ,' 916 Fifth Avenue. Pittsburgh PA 15219 G J~ ~ One piece of ordinary mail addressed to: ~ H Tenant/Occupant y ZG: 43 Lee Ann Court . Enola, PA 17025 ~/Spg r~ roan saT f, January zuu~ $1.150 US POSTAGE FIRST-CLASS 062S0007061721 15219 Ol a ~~ ~ ~~ /yi d $1.15 0 US POSTAGE FIRST-CLASS 062S0007061721 15219 O .n, a Z 5:~ m dy slh.barnett.6.2.2010 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti and Vitti and Associates. P.C. 916 Fifth Avenue. Pittsburgh PA 15219 D One piece of ordinary mail addressed to: ~'L Q~ Commonwealth of PA -DPW P.O. Box 8016 G r' Harrisburg, PA 17105 v' ,o -- - ff ~` ra rUllll JO1 I, JdflUdry LUUI I $1.150 US POSTAGE FIRST-CLASS 062S0007061721 15219 ~ ... ~, 01 c ~~~ ~. -~y , %" ~ U.S. POSTAL SERVICE CERTIFICATE OF MAILING $1.15 0 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT US POSTAGE PROVIDE FOR INSURANCE-POSTMASTER FIRST-CLASS 062S0007061721 Received From: 15219 N Vitti and Vitti and Associates P.C. ~, - ~ "' + ' 916 Fifth Avenue Pittsburgh PA 15219 ~ One piece of ordinary mail addressed to: ~ G G ~^ y Clerk of Courts N Criminal/Civil Division AS+ ~r One Courthouse Square dls Carlisle, PA 17013 Form 3817, January 2001 U. S. POSTAL SERVICE CERTIFICATE OF MAILIN~ ~ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Q` ~L_ ~\ Received From: C +~-~ ql Vitti and Vitti and Associates P.C. N c 916 Fifth Avenue. Pittsburgh PA 15219 N~ One piece of ordinary mail addressed to: ~.~..C! 3r Tax Claim Bureau of Cumberland County - Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 .,r.,~~~~~or ,~aiiuaiy cv~l U. S. POSTAL SERVICE CERTIFICATE OF ~4~'~F~ti MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES O PROVIDE FOR INSURANCE-POSTMASTER '~ Received From: C r t N ! Vitti and Vitti and Associates P.C. '~ `_~/ `.~ 916 Fifth Avenue. Pittsburgh PA 15219 / ~ d One piece of ordinary mail addressed to: Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 { $1.150 US POSTAGE FIRST-CLASS 062S0007066219 n m ^ $1.150 US POSTAGE FIRST-CLASS 062S0007065219 rf g . ar U. S. POSTAL SERVICE CERTIFICATE OF MAILING I I MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ~ PROVIDE FOR INSURANCE-POSTMASTER Received From: ~ Vitti and Vitti and Associates. P.C. I 916 Fifth Avenue. Pittsburgh PA 15219 ~ .~$BUI,?C ~ One piece of ordinary mail addressetl to: 9 Edward Matthews c a `° 2240 Dewey LaneNp Enola, PA 17025 ~' y1' * VJ.S ~`~ . ., . vnn w ~ , anuary cw i U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY 8E USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: i Vitti and Vitti and Associates. P.C. 916 Fifth Avenue Pittsburgh PA 15219 "~ One piece of ordinary mail addressed to: ~~Cjgv R~yA Tax Collector of East Pennsboro Town c/o Alicia Stine 98 S. Enola Drive, Room 101 G `~ ^ .a Enola, PA 17025 ~'•o~ Sir U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti and Vifti and Associates P.C. 916 Fifth Avenue. Pittsburgh PA 15219 a Ft One piece of ordinary mail addressetl lo: Q\~/ American Water 1I// P.O. Box 371412 G `~ l Pittsburgh, PA 15250 re PS Form 3817, January 2001 U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti and Vitti and Associates P.C. 916 Fifth Avenue. Pittsburgh PA 15219 One piece of ordinary mail addressed to: Township of East Pennsboro Sewer & Trash 98 S. Enola Drive Enola, PA 17025 1 $1.15 0 US POSTAGE FIRST-CLASS 06250007061721 15219 g ... ~ Y„ti ~ ~.~ $1.150 US POSTAGE FIRST-CLASS 062S0007061721 15219 rD a~ ,,. 0 c T ' $1.158 ! FIRSTO-SCLAASS 06250007061721 A 15219 g ... ~ H m t'~ a., $1.150 US POSTAGE FIRST-CLASS 062S0007061721 15219 ~- Q/ w < P[ ~,,: ~_ ... w:. rs roan 3817, January 2001 U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti and Vitti and Associates P.C. _ 916 Fifth Avenue. Pittsburgh PA 15219 ~~C,ta One piece of ordinary mail addressed to: ~~ Cedar-Pennsboro Commons LP a , 44 South Bayles Avenue ~~ Port Washington, NY 11050 GsA d s PS Form 3817, January 2001 U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Receivetl From: 916 Fifth Avenue. Pittsburgh PA 15219 One piece of odinary mail adtlnssed to: ~ ~ - a , Vartan National Bank ~~~ 3601 Vartan Way G ~, _ `s Harrisburg, PA 17110 AS PS Form 3817, January 2001 I $1.150 US POSTAGE FIRST-CLASS 062S0007061721 15219 rn A ~ ... 1 ~ ~'t ". .1S s n ~~ $1.150 1 -- US POSTAGE _ 0625000706 j72s c 15219 h a ` n„ ~ EE ~~ ~`-j ~a U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti and Vitti and Associates P.C. GH p~ 916 Fifth Avenue. Pittsburgh PA 15219 y a r One piece of odinary mail addressed to: y' ,'r' Members 1st Federal Credit Union ~s 5000 Louise Drive Gs'~S tl Mechanicsburg, PA 17055 U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti and Vitti and Associates P.C. 916 Fifth Avenue. Pittsburgh PA 15219 G One piece of ordinary mail addressed to: (7 Sherwood Court Homeowner's Association a c/o Peter Nakhoul, Treasurer P.O. Box 127 Enola, PA l 7025-0127 GS}-; $1.158 F RSTO-SC~gSS 062S0007061721 yN_~ 15219 i C' •~ ~ ti I ",,. D ,~c $1.150 US POSTAGE 062 000706172S ,,, 15219 .~.~ ~c ;~ ~a~ ~19~ //n liry' ~y5 d PS Form 3817, January 2001 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 - ~~,_~ Ap Richard W Stewart ~ ~~~ 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 ~ ~ ~ 535,5' (c) CountySuite Shenff. Teleosoft, Inc. ~'. F _ t 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