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HomeMy WebLinkAbout10-5054SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~( .._... ., .., Sheriff ~' ~ i Jody S Smith , Chief Deputy '~ '° y~ ~/]{~'~! j}'(tt { ,., Richard W Stewart ~ ~ •2010 ~~ I1 ~(~1 a~3(o SOIICItOr t~FFi4E pF rHE Sti£RIFF v'..~ ~ ~-.. '`~~',; ,~ t ~.''? tt'. , PNC Mortgage vs. Case Number Dwain A. Hammaker (et al.) 2010-5054 SHERIFF'S RETURN OF SERVICE 08/09/2010 04:06 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 9, 2010 at 1606 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Dwain A. Hammaker, by making known unto himself personally, at 191 Enola Street, 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. ~•-- RYAN BURGETT, DEPUTY 08/09/2010 04:06 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 9, 2010 at 1606 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to w~t: Debbie A. Hammaker, by making known unto Dwain A. Hammaker, Husband of defendant at 191 iEnola Street, 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: $57.50 August 10, 2010 ~~ ~~ RYAN BURGETT, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft Inc. :t ut? ?} A EU. SC. .I t. `? '' .sue "UMBE-j"'L D COUNTY F'L11 ?S i"LVA'1{1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. DEBBIE A. HAMMAKER and DWAIN A HAMMAKER, CIVIL DIVISION No. 10-5054 Civil Term PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE 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 *I4•0o P p Art ?'? ??187a3 Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-5054 CIVIL TERM NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) DEBBIE A. HAMMAKER and DWAIN A. ) HAMMAKER, ) Defendants. ) PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $137,696.00, in favor of the PNC Mortgage, et al , Plaintiff in the above-captioned action, against the Defendants, Debbie A. Hammaker and Dwain A. Hammaker and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $122,017.46 Interest from 2/1/10-9/21/10 4,653.38 (Plus $20.0577 per day after 9/21/10) Late charges (Plus $39.00 per month from 7/28/10-03/02/11$312.00) 265.30 Attorney's fee 6,100.87 Escrow Deficit 4,658.99 (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) Total Amount Due 137.696.00 The real estate, which is the subject matter of the Complaint, is situate in East Pennsboro Twp, Cty of Cumberland, State of Pennsylvania. HET a dwg k/a 191 Enola Street, Enola, PA 17025. Parcel # 09-15-1291-176. 4ett . Vitti, Esquire y forr the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-5054 CIVIL TERM NATIONAL ASSOCIATION, ) Plaintiff, ) VS. ) DEBBIE A. HAMMAKER and DWAIN A. ) HAMMAKER, ) Defendants. ) CERTIFICATION OF MAILIN G I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on September 1, 2010, giving ten (10) day notice that judgment would be entered should no action be taken. VITTI AND VITTI AND ASSOCIATES, P.C. BY: SWORN to and subscribed before me this 21 st day of September, 2010. COMMONWEALTH OF P'ENNS'YLVANIA NOTARIAL SEAL FHelen 130 _?ce,Nota.yl'ublic ; v , Pittsburgh; Allegheny count, My commission °xpiresvt? .y04,2014 ? a, \? h _e ()-- - --"I otary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. DIVISION PNC MOPRTGAGE, A DIVISION OF PNC BANK, j NO. 10.5054 CIVIL TERM NATIONAL ASSOCIATION, Plaintiff, ) VS. DEBBIE A. HAMMAKER AND DWAIN A. HANIMAKER, Defendants. F"ORTANT NOTICE TO: Debbie A. Hammaker Dwain A. Hammaker 191 Enola Street Enola, PA 17025 Date of Notice: September 1, 2010 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOICATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 '717.249.3166 AND yrriff bs Qq?,?ES, PC BY. c`'"?'?? tx. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Service Members Civil Relief Act of 2004 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. In the alternative, should the defendant(s) be currently serving in the military the Service Members Relief Act does not apply as the mortgage in question did not originate before the period of the Service Members military service and is secured by a mortgage pursuant to 50 U.S.C. App §533 formerly cited as 50 U.S.C. App §532 (a)(1)(2). This Affidavit is made under the provisions of the Service Members Civil Relief Act of 2004. *LoP. Vitti, Esquire SWORN to and subscribed before me this 21 st day COMMONWSAILM OF PENNSYLVANIA of September, 2010. NOTARIAL SEAL Helen Boyce, Notary Public City of Pittsburgh, Allegheny County My commission expires May i}4, 2014 Notary Public 4 F"Y O TA r r 7 - '. +J 6 'C, 12 (9l._v1ECtJ COUNT" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. DEBBIE A. HAMMAKER and DWAIN A. CIVIL DIVISION No. 10-5054 Civil Term PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS HA VVLA R, Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party. Louis P. Vitti, Esquire Supreme Court #01072 Vitti and Vitti and Assoc., P.C. 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, ) NO. 10-5054 CIVIL TERM NATIONAL ASSOCIATION, } Plaintiff, ) vs. ) DEBBIE A. HAMMAKER and DWAIN A. ) HAMMAKER, ) Defendants. ) PRAECIPE FOR WRIT OF EXECUJION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due $137,696.00 Interest 9/22/10-3/2/11 3,644.23 Total 141 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: East Pennsboro Twp, Cty of Cumberland, State of Pennsylvania. HET a dwg k/a 191 Enola Street, Enola, PA 1702 # 09-15-1291-176. *'w.00 iNb "y 5'1.50 CSF _ qot. oo " `? pO Lo P. Vitti, Esquire - (2-50 w u IQ0.oo -PA AIV Ca-00 4)e% .5a LL a* IQLf II 0 a9s'la3 RE Ul?? IN THE COURT OF COMMON PLEAS OF CUMBEPJJMD COUNTY, PENNSYLVANIA -+ CIVIL DIVISION PRAECIPE FOR WRIT OF F<BCUTION ,aotion: p ?O?UI? ? 4 0? . ( ) Confessed Judgment : ( ) Other File No. ?d ?OFjI? ?i1?i\ aCm VS. U Amount Due ??? ` (1,0 Sib?Q Interest lU'? a 1\ `?, of Atty's Cc= Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installnent sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as needed; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Luf x(1()County, for debt, interest and costs upon the following described property o the defendant(s) PRAE= FOR ATTAcHm NT ExE=ON Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a Lis pendens against real estate of the defendant(s) described in the attached exhibit DATE: Signature P=in t ?t Address: (40A A ?5 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-5054 CIVIL TERM NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) DEBBIE A. HAMMAKER and DWAIN A. ) HAMMAKER, ) Defendants. ) LEGAL DESCRIPTION All that certain piece or parcel of land situated in East Pennsboro Township, County of Cumberland and State of Pennsylvania, bounded adn described as follows, to wit: Beginning on the North by North Street; on the West by Second Alley; on the East by Enola Street and on the South by Lot No. 19 on the hereinafter mentioned Plan of Lots, each Lot having 25 feet in front on said Enola Street and extending an even width therefrom 150 feet to said Alley on the West, and being Lots Nos. 17 and 18 in Block C, on connected Plan of Lots of Arthur Rupley, recorded in Deeds Book O, Volume 6, page 600. Having erected thereon a dwelling known as 191 Enola Street, Enola, PA 17025 Parcel# 09-15-1291-176 Being the same premises which John H. Argonia and Jennifer C. Argonia, by their deed dated 12/3/04 and recorded on 2/18/05 in the Recorder Of Deeds Office of Cumberland County, Pennsylvania in Deed Book Volume 267, page 2988 granted and conveyed unto Dwain A. Hammaker and Debbie A. Hammaker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-5054 CIVIL TERM c NATIONAL ASSOCIATION ) a , Plaintiff, 0 ' `'~ VS. rn rrl -0 ` - r '' HAMMAKER and DWAIN A. DEBBIE A ° . HAMMAKER )= " Defendants. = Z AFFIDAVIT `- - c-° -71 I, Louis P. Vitti, 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 191 Enola Street, Enola, PA 17025. .?- Lo is P. Vitti, Esquire SWORN TO and subscribed before me this 21st day of ColvMOWFAf.rH'11" PENNISYLV NOTARIAL SEAL September, 2010. Helen Boyce, Notary Public City of Pittsbw-gh, A fgheny County 4 My commission Pxpurs May 04, 2014 Ulm-a- N r FINCE as T -J 0 CUMBERLAND COUNTY PPINSYL `;ANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-5054 CIVIL TERM NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) DEBBIE A. HAMMAKER and DWAIN A. ) HAMMAKER, ) Defendants. ) AFFIDAVIT PURSUANT TO RULE 31291 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 191 Enola 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) Debbie A. Hammaker 191 Enola Street Dwain A. Hammaker 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) The Secretary of Housing and Urban Development 451 7th Street, SW Washington, DC 10410 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of East Pennsboro Township America Water 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 98 South Enola Drive Room 101 Enola, PA 17025 PO Box 371412 Pittsburgh, PA 15250 98 South Enola Drive Enola, PA 17025 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 Court of Common Pleas of P.O. Box 320 Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 191 Enola 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. September 21 2010 Date o ' P. Vitti, Esquire tt ey for Plaintiff SWORN TO and subscribed before me this 21st day (,ONWONarEALf"Ot PENNSYLVANIA NOTARIAL SEAL of September, 2010. Helen Boyce, Notary Public City of Pittsbwrjm, Allegheny County My con missiozl expisgs May 04, 2014 Notary Public FI[L.ED- L'I'L, iL, n C GIs 'aQ?A°,fi't 2010 SEP 24 AN 9: 56 CUMBERLAN'D COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-5054 CIVIL TERM NATIONAL ASSOCIATION, Plaintiff, ) VS. ) DEBBIE A. HAMMAKER and DWAIN A. ) HAMMAKER, ) Defendants. ) AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of PNC Mortgage, 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 with in the above-captioned case. SWORN to and subscribed before me this 21 st day of September, 2010. COMMONWEALTH OF PENNSYLVANIA -? NOTARIAL SEAL Helen Boyce, Notary Public City of Pittsburgh, Allegheny County My commission ires May 04, 2014 Notary Public F IL ML "0'r=1CE. 2 S E P ?4 , :15 6 CUMBER!-AND COUNT`' PIEN'SYLVANIA; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-5054 CIVIL TERM NATIONAL ASSOCIATION, ) Plaintiff, ) VS. ) DEBBIE A. HAMMAKER and DWAIN A. ) HAMMAKER, ) Defendants. ) AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of PNC Mortgage, 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 with in the above-captioned case. SWORN to and subscribed before me this 21 st day of September, 2010. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Helen Boyce, Notary Public City of Pittsburgh, Allegheny County My commission ex?ires Mai 04, 2014 U& na? Notary Public NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Debbie A. Hammaker Dwain A. Hammaker 191 Enola Street Enola, PA 17025 AND: ALL LIEN HOLDERS c? N Lo cn ca Cam- r, .V TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on March 2, 2010 at 10:00 A.M., the following described real estate, of which Debbie A. Hammer and Dwain A. Hammaker are owners or reputed owners: East Pennsboro Twp, Cty of Cumberland, State of Pennsylvania. HET a dwg k/a 191 Enola Street, Enola, PA 17025. Parcel # 09-15-1291-176. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of PNC Mortgage, et al vs. Debbie A. Hammker and Dwain A. Hammaker at No. 10-5054 Civil Term in the amount of $137,696.00. 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. or 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 because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff s Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. U -J , Esquire Lo NF P. =Plaintiff Att ey 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 A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5054 Civil 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 DEBBIE A. HAMMAKER and DWAIN A. HAMMAKER (l) 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 $137,696.00 L.L.$.50 Interest from 9/22/10 - 3/2/11 -- $3,644.23 Atty's Comm % Due Prothy $2.00 Atty Paid $190.00 Other Costs Plaintiff Paid Date: 9/24/10 avid D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: VITTI AND VITTI AND ASSOCIATES, PC 215 FOURTH AVENUE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-2$1-1725 Supreme Court ID No. 01072 0CT/13/2010/WED 09:18 AM P. 001/001 t COUNSELLORS AT LAW . 215 POURTIi AVENUE -Pn* sDuR' 4.pE't KSWVANW.16kzi PHONE; (412)281 725 TAX: (412)281-3810 LOTS E Yrm ROANEI'Pfitt]?GIANI . .:._ ...:-t,AemimediaPA,NY?N] :.... _.. .... ... ..: .:... _ . •'. _,' .... ..' ... ........ _ . .. .... ............... .... .... .._ . .. .. Sheriff of Cumberland Count Cumberland County Courthou 717:240.6397 J To whom it may concem: Please stay the writ on the ab Sheriff sale. REASON:, 13NkUptZ Filed MONEY RFAT.TM: Today is Wednesday. October3. 2010 y se m © lr f r cn, N eL Debbie and Dwan - P ale #: 10-5054 N r7 Thank you for your attention t( . captioned case wbich is scheduled for the March 12 11 for the amount of his matter. Very Truly Yours, Louis P. Vitti' COMMONWEALTH OF COUNTY OF CUMBER] SYLVANIA) NO 10-5054 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMB RLAND COUNTY: To satisfy the debt, interest and costs due PNC MORTGAGE, A Division of PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s) From DEBBIE A. HAMMA R and DWAIN A. HAMMAKER (1) You are directed to le 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) paying any debt to or for the (s) or otherwise disposing the (3) If property of the defend of anyone other than a named garnishee and is enjoined as a Amount Due $137,696.00 Interest from 9/22/10 - 3/2/11 Atty's Comm % Atty Paid $190.00 Plaintiff Paid Date: 9/24/10 (Seal) Due Prothy $2.00 Other Costs - I)VI Buell, P#othonotary By: Deputy REQUESTING PARTY: Name: LOUIS P. VITTI, ESQ Address: VITTI AND VITTI E 215 FOURTH AVEP PITTSBURGH, PA Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 WRIT OF EXECUTION and/or ATTACHMENT (a) an attachment has been issued; (b) the garnishee(s) is enjoined from nt of the defendant (s) and from delivering any property of the defendant s) not levied upon an subject to attachment is found in the possession nishee, you are directed to notify him/her that he/she has been added as a e stated. L.L.$.50 $3,644.23 ASSOCIATES, PC