HomeMy WebLinkAbout10-5835Fll rD -4 T'CE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC Mortgage, a division of PNC Bank,
National Association,
CIVIL DIVISION
NO. Ib 5835 CiVi (Tem
Plaintiff,
VS.
Jason W. Myers and Alicia Thrush,
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/ oCouij P. Viii
Attorney for Plaintiff
COMPLAINT IN MORTGAGE
FORECLOSURE
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.
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
$ga.co c D ATry
c# lquo
? ac?8o85
Vitti and Vitti and Associates, P.C.
BY: Louis P. Vitti, Esquire
I.D. #01072
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725 Attorney for Plaintiff
PNC Mortgage, a division of PNC Bank,
National Association,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS.
Jason W. Myers and Alicia Thrush,
Defendants.
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 Vitt! and Associates, P.C.
BY: Louis P. Vitti, Esquire
I.D. #01072
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725 Attorney for Plaintiff
PNC Mortgage, a division of PNC Bank,
National Association,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS.
Jason W. Myers and Alicia Thrush,
: CIVIL ACTION -LAW
No. `0 , L5/- ks s- -N J
Defendants.
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 national association 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 119 S.
Fayette Street, Shippensburg, PA 17257. The property address is 119 S. Fayette Street,
Shippensburg, PA 17257 and is the subject of this action.
3. On the 23rd day of October, 2008, in consideration of a loan of One Hundred
Thirty Four Thousand Two Hundred Eight and 00/100 ($134,208.00) 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 29th
day of October, 2008, in the Office of the Recorder of Deeds of Cumberland County, at
Mortgage Book Volume T-234 Page 8. 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 April 1, 2010, 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 Forty Eight Thousand Two
Hundred Sixty Two and 72/100 ($148,262.72) with interest and costs.
Respectfully submitted,
VITTI A D VITTI AND ASSOCIATES, P.C.
BY
uis P. Vitti, Esquire
Attorney for Plaintiff
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance
Interest @ 5.7500% from 03/01/10 through 9/30/2010
(Plus $20.7762 per day after 9/30/2010 )
Late charges through 9/8/2010
0 months @ 50.00
Accumulated beforehand
(Plus $50.00 on the 17th day of each month after 9/8/2010 )
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 sheriffs sale)
BALANCE DUE
131,883.51
4,425.32
300.00
6,594.18
5,059.71
148,262.72
EXHIBIT ""A"
LEGAL DESCRIPTION
ALL that certain lot of ground with dwelling house and other buildings erected thereon
situated on South Fayette Street, in the Borough of Shippensburg, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a point on the East side of Fayette Street in said Borough: thence by land
formerly of Dr. D. D. Hayes, now or formerly of Philadelphia and Reading Railroad
Company, North 62 degrees East 175 feet, more or less, to a post; thence by line of
Dykeman Mill race, North 17 degrees West 32 feet to a post; thence by land formerly of
John Bash, now or formerly of Paul Martin, South 62 degrees West 175 feet, more or less, to
the line of Fayette Street aforesaid; thence by the said Street, South 28 '/. degrees East 32
feet to the place of BEGINNING.
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.
(4010?? %
le?Rq &,#A ;?? A
uis P. Vitti
Dated: September 8, 2010
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-5835 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 JASON W. MYERS AND ALICIA THRUSH
(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 $150,278.01 L.L.$.50
Interest 1/6/11-6/1/11 - $3,606.67
Atty's Comm % Due Prothy $2.00
Atty Paid $194.50 Other Costs
Plaintiff Paid
Date; 1/13/11
avid D. Buel , Prothonotary
(Seal) By:
REQUESTING PARTY:
Name: LOUIS P. VITTI, ESQUIRE
Address: V ITTI & VITTI & ASSOCIATES, P.C.
215 FOURTH AVE.
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-1725
Supreme Court ID No. 01072
Deputy
T PE
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P E N N S Y ":!A?,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC MORTGAGE, A DIVISION OF PNC
BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
JASON W. MYERS and ALICIA
THRUSH,
Defendants.
CIVIL DIVISION
NO. 2010-5835
PRAECIPE FOR DEFAULT
JUDGMENT, CERTIFICATION OF
MAILING AND AFFIDAVIT OF NON-
MILITARY SERVICE
Code MORTGAGE FORECLOSURE
P 6 vld(
?? ?=r?S3 X73
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
Supreme Court #01072
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, ) NO. 2010-5835
NATIONAL ASSOCIATION, )
Plaintiff, )
VS. )
JASON W. MYERS and ALICIA THRUSH, )
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 $150,278.10, in favor of
the PNC Mortgage, et al , Plaintiff in the above-captioned action, against the Defendants, Jason W.
Myers and Alicia Thrush and assess Plaintiffs damages as follows and/or as calculated in the
Complaint:
Unpaid Principal Balance $131,883.51
Interest from 3/1/10-1/5/11 6,440.61
(Plus $20.7762 per day after 1/5/11)
Late charges (Plus $50.00 per
month from 9/8/10-6/1/2011$500.00) 300.00
Attorney's fee 6,594.18
Escrow Deficit 55,059.71
(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 150.278.01
The real estate, which is the subject matter of the Complaint, is situate in Boro of
Shippensburg, Cumberland County, Pennsylvania, HET a dwg k/a 11 9 South Fayette Street,
Shippensburg, PA 17257. Parcel# 34-34-2415-056.
V
Louis P. Vitti, Esquire
Attorney for the Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 2010-5835
NATIONAL ASSOCIATION, )
Plaintiff, )
VS. )
JASON W. MYERS and ALICIA THRUSH, )
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 December 20, 2010, giving ten (10) day notice that judgment
would be entered should no action be taken.
VITTI & VITTI & ASSOCIATES, P.C.
BY:
xv..4?
Lo s P. Vitti, Esquire
Attorney for Plaintiff
SWORN to and subscribed
before me this 5th day
of January, 2011.?Af -° 4
Helen w?
C rty oni s`
k
Notary Publi
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO: 2010-5835
NATIONAL ASSOCIATION, )
Plaintiff, )
vs. )
JASON W. MYERS AND ALICIA THRUSH )
Defendants. )
IMPORTANT NOTICE
TO: Jason W. Myers
Alicia Thrush
119 S Fayette Street
Shippensburg, Pa 17257
Date of Notice: DECEMBER 20, 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 ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
q
Attorney for Plaintiff
215 Fourth Avenue
Pittsburgh, PA 15222
& ASS 1$$?,.?
BY:
uis P. Vitti, Es uire
** 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.
V
*ouisP., Esquire
SWORN to and subscribed
before me this 5th day c?Mtor.
Hcls_ ? ?: ,v,
of January, 2011. s.ity of t ,
1 F My ccz ^i
Notary Public
4J
2 J4,114 13 AM 11=
Sili°St ERLA,PiL-), Guy "
PEN S Y!.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC MORTGAGE, A DIVISION OF PNC CIVIL DIVISION
BANK,
NATIONAL ASSOCIATION, NO. 2010-5835
Plaintiff, PRAECIPE FOR WRIT OF
VS. EXECUTION AND AFFIDAVIT OF
LAST KNOWN ADDRESS
JASON W. MYERS and ALICIA
THRUSH,
Defendants.
Code MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
0
J M Q53 575
Counsel of record for this
party.
Louis P. Vitti, Esquire
Supreme Court #01072
Vitti & Vitti & Assoc., P.C.
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
?a A4)
')-GG G6W IV':
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 2010-5835
NATIONAL ASSOCIATION, )
Plaintiff, )
VS. )
JASON W. MYERS and ALICIA THRUSH, )
Defendants. )
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:
Amount Due $150,278.01
Interest 1/6/11-6/1/11 3,606.67
Total $153.884.68
The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate
m:
Boro of Shippensburg, Cumberland County, Pennsylvania, HET a dwg k/a 11 9 South Fayette Street,
Shippensburg, PA 17257. Parcel# 34-34-2415-056.
- * R?
sque
AVittiouisp., ire
Attorney for Plaintiff
P,
IN THE COURT OF COMMON PLEAS OF CUMBERLA?W COUNTY, PENNSYLVANIA
CIVIL DIVISION -- -- - --
PRAECIPE FOR WRIT OF E<:F=ION
Aotion: Confessed Judgment
O P C ' J 0. 0 (?ct? ( ) Other
?Sb0(21 C'?i CTS C'C
VS. File No.
.
n Artnun t Due
Jrasov\ LO. Nees A `AV 60- Interest lQ ll -(Q' 11 = --2) l01
Atty's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT :
The undersigned hereby certifies that the below does not arise out of a retail
instaLIrmnt sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate or?.gi.nal proceeding filed pursuant to Act 7 of 1966 as
a...rp_nded; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above ratter to the Sheriff of
County, for debt, interest and costs upon the following described property of the
defendant(s)
PRAE)= FOR ATTACH-OC EXB=ON
Issue writ of attachment to the Sheriff of County, for debt,
interest and costs, as above, directing attact,.ment against the above-nared garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
I 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 is pendens against
real estate of the defendant(s) described in the attached 'bi
6
DATE: Signature
P=int Name :
dd_ress :(P" Ay,p -
Azzor^ey for:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 2010-5835
NATIONAL ASSOCIATION, )
Plaintiff, )
VS. )
JASON W. MYERS and ALICIA THRUSH, )
Defendants. )
LEGAL DESCRIPTION
All that certain lot of ground with the dwelling house and other buildings erected thereon situated on
South Fayette Street, in the Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and
described as follows:
Beginning at a point on the East side of Fayette Street in said Borough: thence by land formerly of Dr.
D.D. Hayes, now or formerly of Philadelphia and Reading Railroad Company, North 62 degrees East 175
feet, more or less, to a post; thence by line of Dykeman Mill race, North 17 degrees west 32 feet to a post;
thence by land formerly of John Bash, now or formerly of Paul Martin, South 62 degrees West 175 feet,
more or less, to the line of Fayette Street aforesaid; thence by the said street, South 28 1/4 degrees East
32 feet to the place of beginning.
Having erected thereon a dwelling known as 119 South Fayette Street, Shippensburg, PA 17257
Parcel# 34-34-2415-056
Being the same premises which Jodi L. Bowman by her deed dates 10/23/08 and recorded 10/29/08 in the
Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book T-234, page 5, Instrument#
200835430, granting and conveying unto Jason W. Myers, single person and Alicia Thrush, single person.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 2010-5835
NATIONAL ASSOCIATION, )
Plaintiff, )
VS. )
JASON W. MYERS and ALICIA THRUSH, )
Defendants. )
AFFIDAVIT
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 119 South Fayette, Shippensburg, PA 17257.
4ouis P. Vitti, e
SWORN to and subscribed
before me this 5th day
of January, 2011.
OcIle7r
?? f?? , ?- Q?-
Notary Public
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 2010-5835
NATIONAL ASSOCIATION, )
. Plaintiff, )
VS. )
JASON W. MYERS and ALICIA THRUSH, )
Defendants. )
LEGAL DESCRIPTION
All that certain lot of ground with the dwelling house and other buildings erected thereon situated on
South Fayette Street, in the Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and
described as follows:
Beginning at a point on the East side of Fayette Street in said Borough: thence by land formerly of Dr.
D.D. Hayes, now or formerly of Philadelphia and Reading Railroad Company, North 62 degrees East 175
feet, more or less, to a post; thence by line of Dykeman Mill race, North 17 degrees west 32 feet to a post;
thence by land formerly of John Bash, now or formerly of Paul Martin, South 62 degrees West 175 feet,
more or less, to the line of Fayette Street aforesaid; thence by the said street, South 28 1/4 degrees East
32 feet to the place of beginning.
Having erected thereon a dwelling known as 119 South Fayette Street, Shippensburg, PA 17257
Parcel# 34-34-2415-056
Being the same premises which Jodi L. Bowman by her deed dates 10/23/08 and recorded 10/29/08 in the
Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book T-234, page 5, Instrument#
200835430, granting and conveying unto Jason W. Myers, single person and Alicia Thrush, single person.
HC_
2 J N 13 AM I I: 1
PENNSYL'y'A.t'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 2010-5835
NATIONAL ASSOCIATION, )
Plaintiff, )
VS. )
JASON W. MYERS and ALICIA THRUSH, )
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.
Louis P. Vitti, Esgwre
Attorney for Plaintiff
SWORN to and subscribed
before me this 5th day
of January, 2011.
Notary Public
Brien , .:
City of (?e ?.?
Niyz.
f fiF ?Ti.4? ,Ifl
iu! I JAN 13 AM 11: 0'5
CUMBERLAiI) CO UN"
PENNSYB1.%Ifl
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 2010-5835
NATIONAL ASSOCIATION, )
Plaintiff, )
VS. )
JASON W. MYERS and ALICIA THRUSH, )
Defendants. )
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 119 South Fayette,
Shippensburg, PA 17257.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Jason W. Myers 119 South Fayette
Alicia Thrush Shippensburg, PA 17257
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
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 Shippensburg Boro
Shippenburg Borough
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
c/o Grace Kiter
PO Box 282
Shippensburg, PA 17257
(water and sewage)
111 North Fayette Street
Po Box 129
Shippensburg, PA 17257
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
119 South Fayette Street
Shippensburg, PA 17257
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.
January 5, 2011
Date
SWORN to and subscribed
before me this 5th day
of January, 2011.
U)Ja---q(Q -
Notary Public
Lo rtti, Esquire
Attorney for Plaintiff
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO _
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
M
TO: Jason W. Myers
Alicia Thrush = `-
119 South Fayette Street
Shippensburg, PA 17257
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 June 1, 2011 at 10:00 A.M., the
following described real estate, of which Jason W. Myers and Alicia Thrush are owners or reputed owners:
Boro of Shippensburg, Cumberland County, Pennsylvania, HET a dwg k/a 11 9 South Fayette Street,
Shippensburg, PA 17257. Parcel# 34-34-2415-056.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of PNC
Mortgage, et al vs. Jason W. Myers, et al at 2010-5835 in the amount of $150,278.01.
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 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 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 SAisp.vitOti' 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 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.**