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HomeMy WebLinkAbout01-0775IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION ?7-q NO. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, VS. MICHAEL S. ASKINS and TINA M. ASKINS Defendants. Code -MORTGAGE FORECLOSURE Filed on behalf of Plaimiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates. P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through I 150, for its Complaint in Mortgage Foreclosure. sets tbrth the fbllowing: l. The Plaintiff is a corporation duly attthorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 3232 Newmark Drive, Miamisburg, Ohio. 2. The Defendant(s) is/are individuals with a last known mailing address of 95 Arnold Road, Enola, PA 17025. The property address is 95 Arnold Road, Enola, PA 17025 and is the subject of this action. 3. On the 6th day of January, 1994, in consideration of a loan of Seventy Eight Thousand Five Hundred Twenty Four ($78,524.00) Dollars made by PNC Mortgage Corp. of America, an IL corporation, to Defendant(s), the said Defendant(s) executed and delivered to PNC Mortgage Corp. of America, an IL corporatiom a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and PNC Mortgage Corp. of America, as mortgagee, which mortgage was recorded on the 7th day of January, 1994, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1190, page 1132. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The promises secured by the mortgage are: SEE EXHIBIT "A' ATTACHED HERETO. 5. On the 31 st day of January, 1995. PNC Mortgage Corp. of America, an IL corporation, assigned to the Plaintiff, National City Mortgage Company, the said mortgage, that assignment being recorded in the Office of the Recorder of Deeds of Cumberland County on the 31 st day of January, 1995, in Mortgage Book Volume 490, page 394. The said assignment is incorporated herein by reference. 6. 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." 7. Since Septemer l, 2000, 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 mortgagees 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. Plaintiff does hereby release the personal representative, heir and/or devisee of the mortgagor(s) from liability for the debt secured by the mortgage. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of Eighty Three Thousand Seven Hundred Thirty Seven and 61/100 Dollars ($83,737.61) with interest and costs. Respectfully submitted. LOUIS P. VITTI & ASSOC., P.C. BY ~. Vitti, Esquire Attorney ~br Plaintiff . ASKINS SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest 8.0000% from 08/01/00 through 02/28/2001 (Plus $16.0150 per day after 02/28/2001 ) Late charges through 02/05/2001 0 months @ 35.07 Accumulated beforehand (Plus $35.07 on the 17th day of each month after 02/05/2001 ) 0.00 0.00 Attorney' s fee 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 sheriff's sale) BALANCE DUE 73,068.31 3,379.16 175.35 3,653.42 3.461.37 83,737.61 and 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: February 5, 2001 SHERIFF'S RETURN - REGULAR CASE NO: 2001-002-7~ P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS ASKINS MICHAEL S ET AL SHAWN HARRISON , Cumberland County,Pennsylvania, says, the within COMPLAINT ASKINS MICHAEL S DEFENDANT , at 1023:00 at 320 SHADY LANE # 6 ENOLA, PA 17025 TONYA ASKINS DAUGHTER a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, - MORT FORE was served upon the HOURS, on the 9th day of February 2001 by handing to COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this ~&~ day of So Answers. R. Thomas Kline 02/12/2001 LOUIS P. By: Dep~' Sheriff SHERIFF'S RETURN CASE NO: 2001-00~-7~ P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS ASKINS MICHAEL S ET AL REGULAR SHAWN HARRISON Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE ASKINS TINA M DEFENDANT at 1023:00 HOURS, at 320 SHADY LAND # 6 ~NOLA, PA 17025 TONYA ASKINS DAUGHTER a Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 9th day of February , 2001 by handing to true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ~-- day of ~~~g~o ! A.D. thonotary R. Thomas Kline 02/12/2001 LOUIS P VITTI ~ ~SSO~A~S , By: - ~ ~ D~pu¢~ ~h~riff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION NO. 01-775 Civil Term Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE VS. MICHAEL S. ASK1NS and T1NA M. ASKINS Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, VS. Plaintiff, NO. 01-775 Civil Term MICHAEL S. ASKINS and TINA M. ASKINS Defendants. PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enterjudgment in Default of an Answer in the mount of $83,945.81, in favor of the National City Mortgage Company, et al, Plaintiff in the above-captioned action, against the Defendants, Michael S. Askins and Tina M. Askins and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 08/01/00-03/13/01 (Plus $16.0150 per day after 03/13/01) $73,068.31 3,587.36 Late charges (Plus $35.07 per month from 02/05101-09/05/015245.49) 175.35 Attorney's fee 3,653.42 Escrow Deficit (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) 3,461.37 Total Amount Due $83~945.81 The real estate, which is the subject matter of the Complaint, is situate in Twp. of East Pennsboro, Cty. of Cumberland & Cmwlth. of PA, being Lot No. 95 on the Plan of Louis Park, in PBV 5, pg 50. HET a dwg k/a 95 Arnold Road, Enola, PA 17025. Parcel 09-13-1002-028. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, VS. Plaintiff, NO. 01-775 Civil Term MICHAEL S. ASKINS and TINA M. ASK/NS 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 March 2, 2001, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. ( ~fflg P. Vitti, E-squire VAttorney for Plaintiff SWORN to and subscribed before me this 13th day //~arch, 2001. ~ Mgqotary Public NOTARIAL SEAL Ann M. Oonzates, Notary F'ut311e City of Pittsburgh, County of Aileg~e~'ly My Commission Expires Aug. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, : assignee of PNC MORTGAGE CORP. OF : AMERICA, : · VS. Plaintiff, MICHAEL S, ASK/NS and TINA M. ASK/NS Defendants. NO. 01-775 Civil Term IMPORTANT NOTICE TO: Michael S. Askins Tina M. Askins 320 Shady Lane #6 Enola, PA 17025 Date of Notice: March 2, 2001 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: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249~3166 ," BY: LOUIS B(4~ITTI & AS,qOCIA~ES,, P.C. ~om)~Y./v m,, esqmre"~ Al'[brney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TI/AT PURPOSE.** 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 o£the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. SWORN to and subscribed before me this 13th day of March, 2001. ~No~ ' ''~ NOTARIAL SEAL My Comrmss{on -tL,<pires Aug. t7, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION NO. 01-775 Civil Term Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS VS. MICHAEL S. ASKINS and TINA M. ASKINS Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412)281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, VS. Plalmiff, MICHAEL S. ASKINS and TINA M. ASKINS Defendants. NO. 01-775 Civil Term PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amo~tDue $83,945.81 Interest 03/14101-09/05/01 2,818.64 Total $86,764.4~ The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Twp. of East Pennsbom, Cty. of Cumberland & Cmwlth. of PA, being Lot No. 95 on the Plan of Louis Park, in PBV 5, pg 50. HET a dwg kJa 95 Arnold Road, Enola, PA 17025. Parcel 0%13-1002-028. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, VS. Plaimiff, NO. 01-775 Civil Term MICHAEL S. ASKINS and TINA M. ASKINS Defendants. AFFIDAVIT I, Louis P. Villi, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the Defendants' last known address is 320 Shady Lane #6, Enola, PA 17025. SWORN 1'O and subscribed before me this 13th day of March, 2001. mai?/Public~____~___' NOTARIAL SEAL Ann M Gonzales, Notary Public City of Pittsburgh, County of Allegherly IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, VS. Plaintiff, NO. 01-775 Civil Term MICHAEL S. ASKINS and TINA M. ASKINS Defendants. AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Company, et al, am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied xvith in the above-captioned case. A~~o~e~ for Plalntif~f'~ is ~squire SWORN to and subscribed before me this 13th day of March, 2001. NOTARIAL sEAL Ann 1~. Gonza[es, Nota~/Public City of Pittsburgh, County of Nlegheny My Commission Expir~s___~t r1 17, ._2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, : assignee of PNC MORTGAGE CORP. OF : AMERICA, : NO. 01-775 Civil Term : Plaintiff, : VS. MICHAEL S. ASKINS and TINA M. ASKINS Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Company, 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 95 2M:nold Road, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Michael S. Askins 320 Shady Lane #6 Tina M. Askins Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None Name 4. Name and address of the last recorded holder of every mortgage of record: Address (Please indicate if this cannot be reasonably ascertained) PNC Mortgage Corp. of America 440 N. Fairway Drive Vernon Hills, IL 60061 National City Mortgage Co. 3232 Newmark Drive Miamisburg, OH 45342 First Consumer Mortgage Inc. 1656 N. California Suite 200 Walnut Creek, CA 94596 Firstplus Inc. 1600 Viceroy Suite 500 Dallas, TX 75235 Community Bank of Northern Virginia 11417 Sunset Hills Road Suite 228 Reston, VA 20190 Chase Manhattan Bank 1301 Office Center Drive #200 Fort Washington, PA 19034 5. Name and address of every other person who has any record lien on the property: NaiTle 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: Nalne Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 PAWC 852 Wesley Drive Mechanicsburg, PA 17055 East Pennsboro Township Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Court of Common Pleas of Cumberland County Domestic Relations Division Bureau of Compliance Tenant/Occupant 98 S. Enola Drive Enola, PA 17025-279 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Arm: Susan Blough 95 Arnold Road Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. March 13, 2001 Date Attorney for Plaiitiff S~vORN TO and subscribed before me this 13th day of March, 2000. ~ NoTAR%AL- SEAL ~,~ ~ Go,nzaleS, Notary NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Michael S. Askins Tina M. Askins 320 Shady Lane #6 Enola, PA 17025 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on September 5,2001 at 10:00 A.M., the following described real estate, of which Michael S. Askins and Tina M. Askins are owners or reputed owners: Twp. of East Pennsboro, Cty. of Cumberland & Cmwlth. of PA, being Lot No. 95 on the Plan of Louis Park, in PBV 5, pg 50. HET a dwg k/a 95 Arnold Road, Enola, PA 17025. Parcel 09-13-1002-028. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company, et al, vs. Michael S. Askins and Tina M. Askins at NO. 01-775 Civil Term in the amount of $83,945.81. 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 Sheriffbefore the sale date. Schedule of Distribution will be filed with the Office of the Sheriffno 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. Attached hereto is a copy of the Writ of Execution. It 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 fifight 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 Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days al[er 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 Sheriffhas 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. ( L ~sP~ ' ',Esquire '~Attomey for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Michael S. Askins Tina M. Askins 320 Shady Lane #6 Enola, PA 17025 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above W~t of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriffof Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on September 5,2001 at 10:00 A.M.. the following described real estate, of which Michael S. Askins and Tina M. Askins are owners or reputed owners: Twp. of East Permsboro, Cty. of Cumberland & Cmwlth. of PA, being Lot No. 95 on the Plan of Louis Park. in PBV 5, pg 50. HET a dwg k/a 95 Arnold Road, Enola, PA 17025. Parcel 09-13-1002-028. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company, et al, vs. Michael S. Askins and Tina M. Askins at NO. 01-775 Civil Term in the amount of $83,945.81. 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. Attached hereto is a copy of the Writ of Execution. It 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 la~vyer 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 Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered b'ecause 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 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 Sheriffwill 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. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, VS. Plaintif±; MICHAEL S. ASKINS and TINA M. ASK/NS LEGAL DESCRIPTION Defendants. NO. 01-775 Civil Term DESCRIBED according to a survey by D. P. Raffensperger, R.S., dated November 2. 1965, being Lot No. 95 on the Plan of Louis Park, as recorded in Plan Book 5. Page 50, Cumberland County records. Parcel # 09-13-1002-028. HAVING erected thereon a dwelling known as 95 Arnold Road, Enola, PA 17025. BEING the same premises which William Arthur Wotring and Ellen Marie Wotring, husband and wife. by their Deed dated 06/I5/1990, and recorded on 07/05/1990, in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume Q34, page 919, granted and conveyed unto Michael S. Askins and Tina M. Askins, husband and wife. ALL THAT CERTAIN lot or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION NO. 01-775 CIVIL TERM AFFIDAVIT OF SERVICE Plaintiff, VS. MICHAEL S. ASK1NS and TINA M. ASKINS, Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #0 1072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412)281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, Plaimiff, VS. MICHAEL S. ASK[NS and TINA M. ASK[NS, Defendants. AFFIDAVIT OF SERVICE NO. 01-775 CIVIL TERM I, Audra J. Hunger, do hereby certify that a Notice of Sale was mailed and served upon the defendants by certified mail on April 7, 2001 and all lien holders by Certificate of Mailing for service in the above-captioned case on April 5, 2001, advising them of the Sheriff's sale of the property at 95 Arnold Road, Enola, PA 17035, on September 5, 2001. SWORN to and subscribed before me this 20th day of July, 2001. LOUIS P. VITTI & ASSOCIATES, P.C. 0669 3706 I ~6 4575 1292 0669 372~~ U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ~3)ros~etmearrk~Ostage arid PROVIDE FOR INSURANCE--POSTMASTER Inquire of Received From: ~_,~,~-~gSPOR~.~ Postmaster for current fee. (412) 281-1725 ,.~' One piece of ordinary mail addressed to; ~ First Consumer Mortgage Inc. " 1656 N. California · Suite 200 Walnut Creek, CA PS Form 3817, Mar. 1989 94596 A-J,/askins/09-05-01 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Af~x fee here in stamps MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT or meter postage and PROV~DEFOR INSURANCE-POSTMASTER ~-5~O,9 post mark. Inquire of ~+ ' ~ Postmaster for current Received Fro~' ~' ~ L ~ ~ OUlS P V~ t & ~SS~~~ ~ ~ ~ ~ ~ ~ PITTS lB L~(GII~, (412) 281-1725 One piece of ordinary mail addressed Firstplus Inc. 1600 viceroy~ Sutie 500 Dallas, 'FX 75235 15219 ,? %../ PS Form 38'i7, Mar. 1989 A.J./Askins/09-05-0% Affix fee here in stamps u,s, POSTAL SERWCE CERTIFICATE OF MAILING or meter postage and Received From: ' ~J' 3~' ~F; ~ ~'11~ fee. LOUIS R V~& A~~ ~ 05 01 _ (412) 281-1725 Co,unity Bank of Northern Virgi~ ' 11417 Sunset Hills Road ,"~ Suite 228 Reston. VA 20190 PS Form 3817, Mar, 1989 ~A J U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps or meter postage and MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT post mark. Inquire of PROVIDE FOR iNSURANCE--POSTMASTER ~.~-~S PO~. Postmaster for current Received From: lit ~ ~ ~ ~ ~ ~ I~ LOUIS R Vl~h& ~SSO~~s ~ s~ ~ 5 ~ Hu~A~- ~ ~" A~ ~-,.-.0 ~ (412) 281-1725 ~.~,; '1'~ ~' One piece of ordinary mail addressed to: Chase manhattan Bank 1301 Office Center Drvie #200 Fort Washington, PA 19034 PS Form 3817, Mar. 1989 A.J./Askins/09-05-01 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps or meter postage and MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT post mark. Inquire of PROVIDE FOR INSURANCE--POSTMASTER ~-[SPOE,7~' Postmaster for current fee. Received From: ~' ~J~ 'd~ ~ ~ ~ LOUIS P. Yt~l & ~~._ (412) 281-1725 One piece of ordinary mail addressed to: Tax Collector of E. Pennsboro Twp. 98 S. Enola Drive Enola, PA 17025 PS Form 3817, Mar. 1989 A,J./Askins/09-05-01 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT or meter postage and PROVIDE FOR INSURANCE--POSTMASTER ~\~..~.S P~,g~ PostmasterP°St mark. forlnquirecurrent°f Received From: 3~' ~ ~ ,~-3 ~ ~ fee. LOU S 91~%~5~-~ 05 0 (412) 281-1725 PADC 852 Wesley Drive Nechanicsbu~, ~A 17055 PS Form 3817, Mar. 1989 A.J./Askins/09-05-O1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix faa here in stamps or meter postage and MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT post mark. Inquire of PROVIDE FOR INSURANCE POSTMASTER ~i~:~SPO.,~. Postmaster for current LOUIS P. VI~T~ PITTSBL4R(]H, laATt~tgp~ (412) 281-1725 One piece of ordinary mail addressed to: East Pennsboro Twp. 98 S. Enola Drvie Enola, PA 17025 15219 PS Form 3817, Mar. 1989 A.J,/Askins/09-05-01 Cormlonwealth of PA - DPW P.O. Box 8016 Harrisburg, PA 17105 u.s. POSTAL SERWCE CERTIFICATE OF MAILING Affix fee here in stamps or meter postage and MAY BE USED FOR DOMESTIC AND iNTERNATIONAL MAIL, DOES NOT ost mark n 'r PROVIDE FOR INSURANCE--POSTMASTER ~-~SPoA'> P . I qul e of · g~ '~ Postmaster for current LOUIS R VI~ ~~'~865~ 135 916~~U~" APR 05 01 PI~S~, (412) 281-1725 One piece of ordinary mail addressed to: PS Form 3817, Mar. 1989 A-J./Askins/09o05-01 Affix fee here in stamps u.s. POSTAL SERVICE CERTIFICATE OF MAILING or meter postage and MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT post mark. inquire of PROVIDE FOR INSURANCE--POSTMASTER ~.'~-S PO.5·.~[.~ Postmaster for current "ec'iv~-O~.~lS P V I S ~ 1 ~ 5 PI3-rslg~JRG H, ~AstSE~gA (412) 281-1725 One piece of o~dinary mail addressed to: Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 PS Form 3817, Mar. 1989 A.J./Askins/090-5-O1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps or meter postage and MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT post mark. Inquire of (412) 281-1725 One piece of ordinary mail addressed to: Cou~t o~ Co.on ~leas C~be~la~d ~' P.O. Box 320 "V. ~,_ ~rlisle, PA 17013 Ps ~o~ 3s~7, Mar. 1989 A,J,/Askins/09-05-01 Clearance Support Section Dept. #281230 Affix fee here in stamps U.S. POSTAL SERVICE CERTIFICATE OF MAILING or meter postage and MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT post mark. Inquire of PROVIDE FOR iNSURANCE--POSTMASTER ~c, pc~) Postmaster for current Received From: ~;~' '~ fee. PI~SB~RG~, P~ ~ ._ ~ '. 5 2 1 9 (412) 281-1725 ,, ~,~';~ ~, ~. .1~ , Harv~ sb.r~, PA 17128-1230 PS Form 3817, Mar. 1989 A.J./Askins/09-05-01 MAY S E POSTIMASTEg PROVIDE FOR )NSURANC -- ~o~~ ~ fee. (412) 281-1725 ~' "-' Tenant/~cupant ~ ' ~ ~ ~. ~ gnol.~ PA 17035 '~ PS Form 3817, Mar. 1989 Affix fee here in stamps U.S. POSTAL SERVICE CERTIFICATE OF MAILING oF meter postage and MAY SE USED FOR DOMESTIC AND INTERNATI~O~AIL, DOE~ NOT post mark. Inquire of Received From; ' ~r ~f~ ~ LOUIS R gSA gg (412) 281-1725 PNC Mortgage Co~ of ~erica 440 N. Fai~ay Drive Vernon Hills, IL 60061 PS Form 3817, Mar. 1999 A.J./Askins/09-05o01 Affix fee here in stamps RT_tFt__t_t_t_t_t_t_t_t~TE F~AILINL me~e, po~aa..~ MAY BE USED FOR ~OMESTIC AND iNTERNATIONAL MAIL, DOE5 NOT 3~32 Be~k D~ive H~asmlS~U~g~ O~ 45342 PS Form 3817, Mar. 1989 A,J,/Aski~s/09-05-0l STATE OF PENNSYLVANIA, ~ COUNTY OF CUMBERLAND/ ss. Robert P Ziegler I, ............................................................................. Recorder of Deeds in and for said County and State do'hereby certify that the Sheriff's Deed in which ................ National City Mtg Co .................................................................................... is the grantee 5th the same having been sold to said grantee on the ............................................... day of September D, Ol ........................................ A. . ~ ..... , under and by virtue of a writ .............. Execution 19th ................................................ issued on the day of .... Ii-a-g-cb- ............... A.D., 0=1__ ..~ out of the Court of Comman Pleas of said County as of Civil 01 .................................................................................. Tenn, ....... 775 National City Mtg Co assignee of PNC Mtg Corp of Nmnber .............. , at the suit of ............................................................... Michael S Askins & Tina M ................................... against .................................................... is . , . 248 2572 duly recorded in Sheriff's Deed ~oog mo ............. , Page ............. America IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~_=.~_ .... day o, .... ............... A.D., ..... National City Mortgage Company, Assignee of PNC Mortgage Corp. of America VS Michael S. Askins Tina M. Askins In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-775 Civil Michael Barrick, Deputy Sheriff, who being duly sworn according to law, says on May 2, 2001 at 3:37 o'clock PM EDST, he served a tree copy of Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants to wit: Michael S. Askins, by making known unto Tanya Askins, adult daughter, at 320 Shady Lane #6, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, says on May 2, 2001 at 3:37 o'clock PM ED ST, he served a true copy of Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants to wit: Tina M. Askins, by making known unto Tanya Askins, adult daughter, at 320 Shady Lane #6, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states on July 2, 2001 at 6:29 P.M., EDST, he posted a tree copy of the within Real Estate Writ, Notice, Poster and Description upon the property of Michael S. Askins and Tina M. Askins, located at 95 Arnold Road, Enola, PA 17025, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a pendency of the action to one of the within named defendants, to wit: Michael S. Askins, by regular mail to his last known address of 320 Shady Lane, #6, Enola, PA 17025. This letter was mailed under the date of July 5, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a pendency of the action to one of the within named defendants, to wit: Tina M. Askins, by regular mail to her last known address of 320 Shady Lane, #6, Enola, PA 17025. This letter was mailed under the date of July 5, 2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law; says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 A.M., E.D.S.T., and sold the same for the sum of $1.00 to Attorney Louis P. Vitti for National City Mortgage Company. It being highest bid and best price received for the same, National City Mortgage Company of 3232 Newmark Drive, Miamisburg, Ohio 45342, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $687.68, it being costs. Sheriff's Costs: Docketing 30.00 Poundage 13.48 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 19.05 Certified Mail .97 Levy 15.00 Surcharge 30.00 Law Journal 214.25 Patriot News 216.27 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 $687.68 Sworn and Subscribed to Before me This ,~ Day of 0P~ v Piothonotary So Answers: R. Thomas Kline, Sheriff Rfal Estate Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, Plaintiff, VS. MICHAEL S. ASK/NS and TINA M. ASKINS Defendants, NO. 01-775 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Company, et al, Plaintiffin 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 95 Arnold Road, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Address (Please indicate if this cannot be reasonably ascertained Name: 320 Shady Lane #6 Enola, PA 17025 Michael S. Askins TinaM. Askins 2. Name and address of Defendant(s) in the judgment: Address (Please indicate if this cannot be reasonably ascertained Same as No. 1 above. 3. Name and last Icnown address of every judgment creditor whosejudgment the real property to be sold: Name: None NaiTle is a record lien on Address (Please indicate if this cannot be reasonably ascertained) 4. Name and address of the last recorded holder of every mortgage of record: Address (Please indicate if this cannot be reasonably ascertained) REAL ESTATE SALE dn '~'~ ~,2, 2~o/ the sheriff levied upon the aete, interest in the real pro~ert,, ~ih,~c~ in ~,z;~,~~'7~ ~0~ anO mor~ ~ull~ d~..',cdb~c on Exhibit "A" fil~ this writ and by this referenc~ ,~comorated herein. '~te: :¢¢~'4'¢' P'°° / By: D~p~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (UnderAct No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ ~TAT~ 9,~ NO. 1 Writ No. 2001-775 Civil National City Mortgage Company, assignee of PNC Mortgage Corp. of/~anerica VS. Michael S. Asklns and Tina M. Askins Atty.: Louis P, Vitti LEGAL DESCRIPTION ALL THAT CERTA/N lot or par- cci of land situate in the Township of East Pennsharo. County of Cum- berland and Commonwealth of Pennsylvania, more particularly bounded and described a~ fallows, to wit: DESCRIBED according to a sur- vey by D. P. Raffensperger. R. S.. dated November 2, 1965, be/n~g Lot No, 95 on the Plan of Louis Park, a~ recorded in plan Book 5, Page 50. SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 LOIS E. ,SNYDER, I~lOlal,/Public 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 James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 cimulation, 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 24th and 31st day(s) of July and the 7th day(s) of August 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on 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 thevolumeOffice14,for Pagethe Recording317. of Deeds in and for said County of Dauphin //~,in/Misc~lane°us Book "M', PUBLICATION ...................................... ~. ~. .............. ~7,....,-.7~) ................. COPY Sworn to and subscribed b~fore ~ ~his 21s, Y'de~f/~gust 2001 A.D. My Cornmls$1ori Expiles June S, 2002 / NOTARY PUBL C Mem0er, Pennsylvanm A~oCmti~ oi' Nc~#My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 214,77 $ 1.50 $ 216.27 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have