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HomeMy WebLinkAbout10-3876 'vt r.!" T ??r ,r - •a•i?1?V 2010 J:211 14 ki I I - S4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE a division of PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION n. NO. 10 - 3870 ?tvi1 (L°tu? COMPLAINT IN MORTGAGE FORECLOSURE VS. WILLIAM D. DAVENPORT, Defendants. TO DEFENDANT(S): YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT IN MORTGAGE FORECLOSURE WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. By: /S/ J o0~ P. to= Attorney for Plaintiff MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #01072 Vitti and Vitti and Associates, P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 5 44A.oo Pb ATr/ ?? 18aa,1 e'? ay3?o Vitti and Vitt! and Associates, P.C. BY: Louis P. Vitti, Esquire I.D. #01072 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 Attorney for Plaintiff PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. William D. Davenport, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 Vitti and Vitti and Associates, P.C. BY: Louis P. Vitti, Esquire I. D. #01072 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 Attorney for Plaintiff PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. William D. Davenport, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. COMPLAINT IN MORTGAGE FORECLOSURE NOW, comes the Plaintiff by its attorneys, Vitti and Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a corporation having a principal place of business located at 3232 Newmark Drive, Miamisburg, OH 45342. Plaintiff is successor by merger to National City Mortgage a division of National City Bank. 2. The Defendant(s) is/are individuals with a last known mailing address of 28 W. Pine Street, Enola, PA 17025. The property address is 28 W. Pine Street, Enola, PA 17025 and is the subject of this action. 3. On the 23rd day of May, 2008, in consideration of a loan of One Hundred Forty- Two Thousand Three Hundred Fifty-Three and 00/100 ($142,353.00) Dollars made by National City Mortgage a division of National City Bank to Defendant, the said Defendant executed and delivered to National City Mortgage a division of National City Bank a "Note" secured by a Mortgage with the Defendant as mortgagor and National City Mortgage a division of National City Bank, as mortgagee, which mortgage was recorded on the 28th day of May, 2008, in the Office of the Recorder of Deeds of Cumberland County, at Instrument No. 200817662. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. The Plaintiff is the legal owner of the mortgage and is seeking enforcement of the mortgage through foreclosure. 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 December 1, 2009, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 7. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the 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). 8. The amount due on said mortgage is itemized on the attached schedule. 9. 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-Eight Thousand One Hundred Twenty-One and 82/100 ($158,121.82) with interest and costs. Respectfully submitted, AND VjTTI AND ASSOCIATES, P.C. BY: s P. Vitti, Esquire rney for Plaintiff SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 6.0000% from (Plus $22.9737 per day after 11/01/09 through 6/30/2010 ) 6/30/2010 Late charges through 6/9/2010 0 months @ 44.20 Accumulated beforehand (Plus $44.20 on the 17th day of each month after Attorney's fee Escrow deficit 6/9/2010 ) (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) 139,756.68 5,536.66 452.58 6,987.83 4,795.13 BALANCE DUE 158,121.82 EXHIBIT "A" LEGAL DESCRIPTION ALL that certain piece, parcel and tract of land situate in East Pennaboro Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the Southern right of way line of West Pine Street (also referred to as Pyne street) being the dividing line between Lots 1 and 2 as shown on the hereinafter mentioned plan, said point being referenced North 75 degrees 40 minutes 00 seconds East, a distance of 155.00 feet from the Eastern line of a 1S foot wide alley as shown on the Plan of Adams and Pyne, recorded in Plan Book 1, Page 17; thence along the Southern right of way line of Nest Pine Street North 75 degrees 40 minutes 00 seconds East, a distance of 70.00 feet to a concrete monument at the dividing line between the herein described tract and land now or late of Ronald G. Gates and Donna L. Gates; thence along the western line of said lands of Gates South 14 degrees 20 minutes 00 seconds East, a distance of 150.00 feet to an iron pin on the Northern line of a 15 feet wide alley (unopened); thence along the Northern line of said alley South 75 degrees 40 minutes 00 seconds Nest, a distance of 70.00 feet to an iron pin at the dividing line between said Lots 1 and 2 aforementioned; thence along the dividing line between said Lots 1 and 2 North 14 degrees 20 minutes 00 seconds Nest, a distance of 150.00 feet to an iron pin on the Southern right of way line of Pine Street, said point being the place of beginning. CONTAINING 10,500 square feet. BEING Lot No. 2 as shown on the Final Subdivision Plan of Central Penn Properties recorded in Plan Book 69, Page 119. BEING referred to as all of Lots 69 and 70 as the Eastern 20 feet of Lot 71 as shown on the Plan of Adams and Pyne, recorded in Plan Book 1, Page 17. HAVING erected thereon a dwelling known as 28 Nest Pine Street, Encla, PA 17025. PARCEL NO. 09-16-1051-056. 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: June 9, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~ ~ ~. Jody S Smith ~L C Chief Deputy ~v,, ~ .- ' ~~, Richard W Stewart ~Q~~~~'.~~l~~~ ~~~ ~~ ~~ Solicitor ~~~E C~~;(z,"` `~I~~ PNC Mortgage vs. William D. Davenport Case Number 2010-3876 SHERIFF'S RETURN OF SERVICE 06/25/2010 Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2010 at 1708 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William D. Davenport, by making known unto Angela Medina, Defendant's girlfriend and current resident at 28 W. Pine Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $55.00 June 28, 2010 ~^ RYAN BURGETT, SO ANSWERS, ~"~~"-- RON R ANDERSON, SHERIFF (Cj (iOllttlY.SUItG ~hP,I!}T'.lP,IP,D30}}, Inc. n G v - [71 rt' ` -rJ ?'?? '[ `. Vl W } ) . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 10-3876 Civil AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 vs. WILLIAM D. DAVENPORT, Defendant. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Vitti and Vitti and Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412)281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, Plaintiff, NO: 10-3876 Civil vs WILLIAM D. DAVENPORT, Defendant. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Mortgage, 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 28 W. Pine Street, Enola, PA 17025. 1. Name; and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) William D. Davenport 28 W. Pine Street 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) Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) NONE 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Angela Medina 28 W. Pine Street Enola, PA 17025 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of East Pennsboro Township Attn: Alicia Stine American Water Trash & Sewer of Twp of East Pennsboro Pennsylvania Department of Revenue Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division 98 S. Enola Drive Room 101 Enola, PA 17025 P.O. Box Pittsburgh, PA 371412 98 S. Enola Drive Enola, PA 17025-2796 Office of Chief Counsel PO Box 281061 Harrisburg, PA 17128 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 PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant Dept. #281230 Harrisburg, PA 17128-1230 28 W. Pine Street 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. August 31 2010 Date SWORN TO and subscribed before me this 31 st day of August, 2010. Notary Pub is f a P tlLr tarY ?i{{rlvY COI;y;T' G?M1 ALL t 1 ra 1 i CiIY OF P1- T(;UR 20 r7issie n FA ,irca V Louis P. Vitti, Esquire Attorney for Plaintiff t FiLED-n ?i aE rP, Ttl }air.fi "OY 17 Ali 11: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE, A DIVISION OF PNC CIVIL DIVISION BANK, NATIONAL ASSOCIATION, NO. 10-3876 Civil AFFIDAVIT OF SERVICE Plaintiff, Filed on behalf of vs. Plaintiff Counsel of record for this parry: WILLIAM D. DAVENPORT, Louis P. Vitti, Esquire Supreme Court #01072 Defendant. Vitti & Vitti & Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, Plaintiff, NO: 10-3876 Civil vs WILLIAM D. DAVENPORT, Defendant. I, Louis P. Vitti, do hereby certify that a Notice of Sale was mailed and served upon the defendant by the Sheriff of Cumberland County on October 8, 2010 and all lien holders by Certificate of Mailing for service in the above-captioned case on August 18, 2010 and September 1, 2010, advising them of the Sheriff s sale of the property at 28 W. Pine Street, Enola, PA 17025, on December 8, 2010. VITTI AND VITTI AND ASSOCIATES, P.C. BY ouis P. Vim SWORN to and subscribed before me this 15th day of December, 2010. Notary Pu i ESHERRY ARIAL SEAL L HOUSE ary Public GH, ALLEGHENY COUNTY Expires May 15. 2011 U.S. POSTAL SERVICE CERTIFICATE OF MAILING PROVIDE FOR Roomind rmm: Vitti and VNtI and Associates. P.C. 215 Fourth Avenue. Pittsburah. PA 15222 One PkM 0f Wft" n W edtlnwed b: American Watgr P.O. Box 57 RAWbare, _P0. 9-91W9 ' U? \ US pOSTAG FIRST-CLAS? e, 1'e ° o62S0007061729? 152 c ?p epjj a? U.S. POSTAL SERVICE CERTIFICATE OF MAILING PROVIDE FOR INSURANCE-POSTMASTER ReeNwd From: VIM and Vito and Assocl>ts. P.C. 215 Fourth Avenue. PNtsburah. PA 15222 One piece of adkwy rmg eddleewl to: Trash & Sewer of Twp of East Pennsboro 98 S. Enola Drive Enola, PA 17025-2796 ra rorm aoi r, January cuu I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMIMIC AM RNIUMOM I, PROVIDE FOR Received Fmm: Vitt! and VKd and Assodates. P.C. 215 Fourth Avenue. PNt'sburah. PA 15222 One Pima of ardkwy and eddreemd m: Tenant/Occupant 28 W. Pine Street Enola, PA 17025 ro rorm 00 1 r, January cuu I S POSTAGE FIRST-CLASS P? Erq A ?T ^ 062S000706172 Uo 1521 8 G cl, s 7'?zzz A .150 A/tF S TAG FIRSLAS ??U \ 062S000706172 18 1521 0010 -? 'TP \ slsz2z rn slh.davenportl 2.8.10 U.S. POSTAL SERVICE CERTIFICATE OF MAILING PROVIDE FOR ReoNwd Flom: Vitti and VNII and Associates. P.C. 215 Fourth Avenue. Plttsburgh. PA 15222 Ono piece of adYmy fnM addressed to: Court of Common Pleas of Cumberland County Domestic Relations Division PO Box 320 Carlisle. PA 17013 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOWUM AND *nM"TKML MMi%DOES N PROVIDE FOR Received From Vito and VIM and Associates. P.C. 215 Fourth Avenue. Pittsburgh. PA 15222 One piece of oldNwy met addreewd to: PA Department of Sheriff Sales Bureau of Compliance Depart. # 281230 Harrisburg, PA 17128-1230 t-b ronn aw i t, ,lanuary zuui U.S. POSTAL SERVICE CERTIFICATE OF MAILING v MAIL, BE USED FOR DOMMM AM W11IMPOW DOES 140T PROVIDE FOR 1 Recrired From Vito and Vial and Associabs. P.C. 215 Fourth Avenue. Pittsburgh. PA 15222 Om piece of oldYrry mW addressed to: Angela Medina 28 W. Pine Street Enola, PA 17025 j50 ??: , At Pv4: srq A 'T US POSTAGE J AUS s FIRST-CLASS 0007061721 O G l 062S 15219 p c? x ? 00 lU aD ' GS =< A ` 75222 rn Ti7 m C4 0 I ?N =v ;a t-o rorm so-i i, January unn U.S. POSTAL SERVICE CERTIFICATE OF MAILING rnuvnie run mbLWW41 ,&-rcJS1MPZTeK ,. ReoNwd From: C Vittl and Vitti and Associates. P.C. 00 215 Fourth Avenue. Pktsburah. PA 15222 ?v One piece of ontnery mall addressed to: a v? Tax Collector of East Pennsboro Township Attn: Alicia Stine 98 S. Enola Drive Room 101 Enola, PA 17025 PrTT G E 5 8 9 R1n 1 52?i Orr pl o of adnwy and ddrMwd m: Pennsylvania Department of Revenue Office of Chief Counsel PO Box 281061 Harrisburg, PA 17128 PS Fonn 3817, January 2001 1 1 ^'00 `•• Oi CIA i co F E $i 21 1 9 dIV c Z 2 U.S. POSTAL SERVICE CERTIFICATE OF MAILING s rq A 1 MAY MAIL, DOES NOT PROVIDE FOR I ?S E ?. s FIRS S w Raaalwd Fmm. 062S 721 z Vito and Vito acrd Associates. P.C. 1 1 i 215 Fourth Avenue. Pittsburgh. PA 15222 < a/ Om piece of oNtrry and dw...aa to: a '' N ,_-.. . .. Commonwealth of Pennsylvania- DPW PO Box 8016 Harrisburg, PA 17105 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MY SE USED MR DOMESIX AM DR13MATMAL MOM- PROVIDE INSURANCE-POSTMASTER RwoWW Fom: Vita and VIM and Associates. P.C. 215 Fourth Avenue. Pittsburgh. PA 15222 One plea of ordiwy and addraaesd m: Clerk of Courts Criminal/ Civil Division One Courthouse Square Carlisle, PA 17013 PS Form 3817, January 2001 06250007061 Q 1` ai VQMMIM N y, 1 U.S. POSTAL SERVICE MAY BE OW FOR CERTIFICATE OF MAILING x ^ EVATOWL 4 DOES NOT R ?. USI Rewind Forn: VIM and Vito and Associates. P.C. 215 Fourth Avenue. Pittsburgh. PA 15222 Ow pboe of ordhwy main ddrwwd to: Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 C4 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Rewlwd From: Vita and VHti and Assoclabs. P.C. 215 Fourth Avenue. PMtsburoh. PA 15222 OM FMa of or&wy Ira a&ksond to: Bureau of Compliance Dept. #280946 Harrisburg, PA 17128-0946 r n 0 n M fq slh.davenport.12.8.10 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILED-OFFICE 2910 DEC -6 AM 8: ?6 Richard W Stewart Solicitor CUNBERLANO COUNTY P'ERPISYLYAWA PNC Mortgage vs Case Number . William D. Davenport 2010-3876 SHERIFF'S RETURN OF SERVICE 10/08/2010 02:26 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1418 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William D. Davenport, located at, 28 W. Pine Street, Enola, Cumberland County, Pennsylvania according to law. 10/08/2010 02:26 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1418 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: William D. Davenport, by making known unto, William D. Davenport, personally, at, 28 W. Pine Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 11/23/2010 As directed by Louis P Vitti, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 12/03/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Vitti on 12/3/10. SHERIFF COST: $1,178.31 SO ANSWERS, December 03, 2010 RON y R ANDERSON, SHERIFF . DD pd, co, 5z) LC- lod 4t4 7g V44 5 a i,2a 1L$4* ;L ic; Coum;Suite Sherft. T'el2c:; ;`t. Irc. . f % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, Plaintiff, : NO: 10-3876 Civil vs WILLIAM D.-DAVENPORT, Defendant. PNC Mortgage, 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 28 W. Pine Street, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) William D. Davenport 28 W. Pine Street 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 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) NONE t 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Angela Medina 28 W. Pine Street Enola, PA 17025 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tax Collector of East Pennsboro Township Attn: Alicia Stine American Water Trash & Sewer of Twp of East Pennsboro Pennsylvania Department of Revenue Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division Address (Please indicate if this cannot be reasonably ascertained) 98S ' Enola Drive Room 101 Enola, PA 17025 P.O. Box Pittsburgh, PA 371412 98 S. Enola Drive Enola, PA 17025-2796 Office of Chief Counsel PO Box 281061 Harrisburg, PA 17128 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 A PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant Dept. #281230 Harrisburg, PA 17128-1230 28 W. Pine Street 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 unworn falsification to authorities. Auzu,st 6.2010 Date SWORN TO and subscribed before me this 6th day of August, 2010. v Louis P. Vitti, Esquire Attorney for Plaintiff Notary Pu NOTARIAL SEAL SHERRY L HOUSE NotatY Putilic CITY OF PITTSBURGH, ALLEGHENY COUNTY my Commission Expires MaY 15, 2011 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: William D. Davenport 28 W. Pine Street 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 December 8, 2010 at 10:00 A.M., the following described real estate, of which William D. Davenport are owners or reputed owners: Twp of East Pennsboro, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 28 W. Pine Street, Enola, PA 17025. Parcel No. 09-16-1051-056. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of PNC Mortgage, et al vs. William D. Davenport at 10-3876 Civil in the amount of $158,971.84. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to -pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU.§HOULD 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 ALEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff s Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs .Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. x4_ Louis P. Vitti, Esquire Attorney for Plaintiff 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725. ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED .k DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, Plaintiff, : NO: 10-3876 Civil vs WILLIAM D. DAVENPORT, LEGAL DESCRIPTION Defendant. ALL that certain piece, parcel and tract of land situate in East Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the Southern right of way line of West Pine Street (also referred to as Pyne Street) being the dividing line between Lots 1 and 2 as shown on the hereinafter mentioned plan, said point being referenced North 75 degrees 40 minutes 00 seconds East, a distance of 155.00 feet from the Eastern line of a 15 foot wide alley as shown on the Plan of Adams and Pyne, recorded in Plan Book 1, page 17; thence along the Southern right of way line of West Pine Street North 75 degrees 40 minutes 00 Seconds East, a distance of 70.00 feet to a concrete monument at the dividing line between the herein described tract and land now or late of Ronald G. Gates and Donna L. Gates; thence along the Western line of said lands of Gates South 14 degrees 20 minutes 00 seconds East, a distance of 150.00 feet to an iron pin on the Northern line of a 15 feet wide alley (unopened); thence along the Northern line of said alley South 75 degrees 40 minutes 00 seconds West, a distance of 70.00 feet to an iron pin at the dividing line between said Lots 1 and 2 aforementioned; thence along the dividing line between said Lots 1 and 2 North 14 degrees 20 minutes 00 seconds West, a distance of 150.00 feet to an iron pin on the Southern right of way line of Pine Street, said point being the place of beginning. CONTAINING 10,500 square feet. BEING Lot No. 2 as shown on the Final Subdivision Plan of Central Penn Properties recorded in Plan Book 69, Page 119. BEING referred to as all of Lots 69 and 70 as the Eastern 20 feet of Lot 71 as shown on the Plan of Adams and Pyne, recorded in Plan Book 1, Page 17. HAVING erected thereon a dwelling known as 28 W. Pine Street, Enola, PA 17025. PARCEL NO. 09-16-1051-056. BEING the same premises which Pennsylvania Central Federal Credit Union by Deed dated 05/23/2008 and recorded 05/28/2008 in the Recorder's Office of Cumberland County, Pennsylvania, Instrument No. 200817661, granted and conveyed unto William D. Davenport. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO10-3876 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION Plaintiff (s) From WILLIAM D. DAVENPORT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$158,971.84 L.L.$.50 Interest 08/07/10 - 12/08/10 - $3,214.28 Atty's Comm % Due Prothy $2.00 Atty Paid $187.50 Other Costs Plaintiff Paid Date: AUGUST 13, 2010 (Seal) Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: VITTI AND VITTI AND ASSOC., P.C., 215 FOURTH AVENUE, PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 28 W Pine Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: c Real Estate Coordinator 4 The Patriot-News Co. V2O Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE z4fPatriot•N(ws Now you know CARLISLE PA 17013 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 Holly Blain, 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: 10/15/10 10/22/10 10/29/10 Sworn to and- scribe ore rM'e ta10,1 ay of November, 2010 A. D. Notary Public _COMMONWEALTH OF PENNSYLVANIA j Notarial Seal Shen ie L KWW, Notary Public Lower Paxton Twp., Dauphin County My Commissron EgAres Nov. 26, 2011 Member, Pennsvivania Association of Notaries 2910-M76 CWH Term PNC Me tMo A Division of PNC drank, N.A. Vs WWtam D. Davenport Mr. Louis P Vitd ALL that certain piece; parcel and tract of land situate in East Pennsboto Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the Southern right of way fine of West Pine Street (also referred to as Pyne Street) being the dividing line between Lots 1 and 2 as shown on the hereinafter mentioned plan, said point being referenced North 75 degrees 40 minutes 00 seconds East, a distance of 155.00 feet from the Eastern line of a 15 foot wide alley as shown on the Plan of Adams and Pyne, recorded in Plan Book 1, page 17 thence along the Southern right of way line of West Pine Street North 75 degrees 40 minutes 00 Seconds East, a distance of 70.00 feet to a concrete monument at the dividing he between the herein described tract and land now or late of Ronald G. Gates and Donna L. Gates; thence along the Western fine of said lands of Gates South 14 degrees 20 minutes 00 seconds East, a distance of 150.00 feet to an iron pin on the Northern line of a 15 feet wide alley (unopened); thence along the Northern line of said alley South 75 degrees 40 minutes 00 seconds West, a distance of 70.00 feet to an "iron pin at the dividing line between said Lots I and 2 aforementioned; thence along the dividing lido between said LotLl and 2 North 14 depm 20 minulks 0f1 seoaU War, a d6m o€150.00 feet to an iron pin on the Southern right of way line of Piae Street, said point being the place of belying. CONTAINM 10,9V squMO feet. BEING Lot No. 2 as shown on the Final Subdivision Phtn of Central Penn. Properties recorded in Plait Book 69, Page 119. BEING referred to as all of Lots 69 and 70 . as the. Eastern 20 feet of Lot 71 as shown on the Plan of Adams and Pyne, recorded in Plan Book 1, Page 17. HAVING erected thereon a dwelling known as 28 W. Pine Street, Enola, PA 17025. PARCEL NO. 09-1&1051-056. BEING the same premises which Pennsylvania Central Federal Credit Union by Deed dated 05/23/2008 and recorded 05/28/2008 in the Recorder's Office of Cumberland County, Pennsylvania; Instrument No. 200817661, granted and conveyed unto William D. Davenport. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, 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: October 22, October 29, and November 5, 2010 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. ("Aisa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 5 da of November 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH. CUMBERLAND COUNTY My Commission Expires Apr 28.2014 CUMBERLAND LAW JOURNAL Writ No. 2010-3876 C1vi1 PNC Mortgage, A Division of PNC Bank, N.A. vs. William D. Davenport Atty.: Louis P. Vitti ALL that certain piece, parcel and tract of land situate in East Penns- boro Township, County of Cumber- land, Commonwealth of Pennsyl- vania, bounded and described as follows: BEGINNING at an iron pin on the Southern right of way line of West Pine Street (also referred to as Pyne Street) being the dividing line between Lots 1 and 2 as shown on the hereinafter mentioned plan, said point being referenced North 75 de- grees 40 minutes 00 seconds East, a distance of 155.00 feet from the Eastern line of a 15 foot wide alley as shown on the Plan of Adams and Pyne, recorded in Plan Book 1, page 17; thence along the Southern right of way line of West Pine Street North 75 degrees 40 minutes 00 Seconds East, a distance of 70.00 feet to a concrete monument at the dividing line between the herein described tract and land now or late of Ronald G. Gates and Donna L. Gates; thence along the Western line of said lands of Gates South 14 degrees 20 minutes 00 seconds East, a distance of 150.00 feet to an iron pin on the Northern line of a 15 feet wide alley (unopened); thence along the Northern line of said alley South 75 degrees 40 minutes 00 seconds West, a distance of 70.00 feet to an iron pin at the dividing line between said Lots 1 and 2 aforemen- tioned; thence along the dividing line between said Lots 1 and 2 North 14 degrees 20 minutes 00 seconds West, a distance of 150.00 feet to an iron pin on the Southern right of way line of Pine Street, said point being the place of beginning. CONTAINING 10,500 square feet. BEING Lot No. 2 as shown on the Final Subdivision Plan of Central Penn Properties recorded in Plan Book 69, Page 119. BEING referred to as all of Lots 69 and 70 as the Eastern 20 feet of Lot 71 as shown on the Plan of Adams and Pyne, recorded in Plan Book 1, Page 17. HAVING erected thereon a dwell- ing known as 28 W. Pine Street, Enola, PA 17025. PARCEL NO. 09-16-1051-056. BEING the same premises which Pennsylvania Central Federal Credit Union by Deed dated 05/23/2008 and recorded 05/28/2008 in the Recorder's Office of Cumberland County, Pennsylvania, Instrument No. 200817661, granted and con- veyed unto William D. Davenport. 28 H ?'t7?iT?'di ?r ZMO VEC -g 4H I,. ? r1JMBERLti 4 C iE PENNS YLYA ?; it'k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC Mortgage, a division of PNC Bank, CIVIL DIVISION N.A., No. 10-3876 Civil Term vs. William Davenport, Plaintiff, PRAECIPE TO SETTLE AND DISCONTINUE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Defendants. PA I.D. #01072 Vitti & Vitti & Assoc., P.C. 215 Forth Avenue Pittsburgh, PA 15222 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC Mortgage, a division of PNC Bank, N.A., Plaintiff, vs. William Davenport, Defendants. TO: THE PROTHONOTARY NO: 10-3876 Civil Term KINDLY settle and discontinue Plaintiff's case in the above-captioned matter.. BY: j VI I OCIATES, P.C. Louis P. Vitti, Esquire Attorney for Plaintiff