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HomeMy WebLinkAbout10-7442//~~ y- FCtL EpB/~-7~~F} {F{i~C L~^ }~ EIC 1 f~E„ ~i\V E f7UiB~ fr`C\ zo ~ o aEC -2 PM 2: ~ ~ cuM~i_~LAfva couNr ;~ PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Mortgage, a division of PNC Bank, National Association, Plaintiff, CIVIL DIVISION N0. ~ ~ .-~ ~ `i o'~ COMPLAINT IN MORTGAGE FORECLOSURE vs. William Imhoff and Phyllis Imhoff, 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 7UDGMENT MAY BE ENTERED AGAINST YOU. By: ,s, ~o~~ p.1/~~ 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. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 -~D ~ sigsy 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. William Imhoff and Phyllis Imhoff, 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 7UDGMENT 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 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. William Imhoff and Phyllis Imhoff, Defendants. CIVIL ACTION -LAW 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 1398 Mountain Road, Newburg, PA 17240. The property address is 1398 Mountain Road, Newburg, PA 17240 and is the subject of this action. 3. On the 1st day of August, 2008, in consideration of a loan of One Hundred Forty Five Thousand One Hundred Forty Five and 00/100 ($145,145.00) 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 26th day of August, 2008, in the Office of the Recorder of Deeds of Cumberland County, at Instrument No. 200828936. 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 alias "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 Sixty Eight Thousand Five Hundred Twenty Three and 56/100 ($168,523.56) with interest and costs. Respectfully submitted, VIl"TI A ITTrI D C ES, P.C. BY: Lou P. Vitti, Esquire Attorney for Plaintiff SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 143,196.48 Interest @ 6.3750% from 11/01/09 through 11/30/2010 9,854.08 (Plus $25.0103 per day after 11 /30/2010 ) Late charges through 11/29/2010 0 months @ 48.63 Accumulated beforehand 341.83 (Plus $48.63 on the 17th day of each month after 11 /29/2010 ) Attorney's fee 7,159.82 Escrow deficit 7.971.35 (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 168,523.56 EXHIBIT "A" LEGAL DESCRIPTION AI! that certain parcel of land situate in the Township of Upper Mifflin, County of Cumberland, Commonwealth of Pennsylvania, being known and designated as follows: BEGINNING at an existing railroad spike at the Intersection of Chestnut Road (T-383}, Mountain Road (SR-4007) and Swartz Road {T-500); thence along and through Swartz Road Cr-500}, North 34 degrees 52 minutes 17 seconds West 134.77 feet to a set iron pin; thence along the division line between Lot Na. 1 and Lot No.2 on the hereinafter mentioned Final Plan the following two courses and distances: (1) North 30 degrees 45 minutes 59 seconds East 232.02 feet, (2) thence South 59 degrees 14 minutes 01 seconds East 114.70 feet to a set railroad spike in the center line of Mountain Road {SR-4007); thence through the centerline of Mountain Road (SR-4007} and continuing along the division line between Lot No.1 and Lot No.2, North 33 degrees 39 minutes 32 seconds East 170.00 feet to an existing railroad spike; thence along lands now or formerly of Mark L. and Theresa M. Myers, South 43 degrees 05 minutes 30 seconds East 313.46 feet to an existing pose thence with same South 89 degrees 37 minutes 55 seconds West 201.97 feet to an existing 24 inch white oak; thence along lands now or formerly of Robert T. Brumagin South 69 degrees 48 minutes 34 seconds West 279,43 feet to an existing railroad spike, the place of BEGINNING. CONTAINING 2.3389 acres and being Lot No. 1 on a duly approved Final Subdivision Plan for Paul E McBride as prepared by Eric L. Diffenbaugh, P.L.S., dated April 7, 2005 and recorded October 28, 2005 in Cumberland County Plan Book 91, Page 77. Tax ID: 44-06-0041-004 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. ~U~r P. Vitti Dated: November 29, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE Jody S Smith tint of `""i`??> OF THE PROTHONOTARY Chief Deputy 70I Q 0EC 13 PM 4: 10 Richard W Stewart Solicitor = CUMBERLAND COUNTY PENNSYLVANIA PNC Mortgage vs. Case Number William Imhoff (et al.) 2010-7442 SHERIFF'S RETURN OF SERVICE 12/03/2010 05:34 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 3, 2010 at 1734 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William Imhoff, by making known unto himself personally, at 1398 Mountain Road, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 12/03/2010 05:34 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 3, 2010 at 1734 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Phyllis Imhoff, by making known unto herself personally, at 1398 Mountain Road, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $62.00 December 08, 2010 SO ANSWERS, 'O?'22 4Z, 'K RON R ANDERSON, SHERIFF 'C) Gaun',Suite Sherft, T'do-osolt' Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7442 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 WILLIAM IMHOFF AND PHYLLIS IMHOFF (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 $169,749.06 L.L. $.50 Interest 1/19/2011-6/1/2011 -- $3,711.23 Atty's Comm % Atty Paid $194.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 01/21/2011 David D. B ell, Prothono (Seat) B Deputy REQUESTING PARTY: Name: LOUIS P VITTI, ESQUIRE Address: VITTI & VITTI & ASSOC., P.C. 215 FOURTH AVENUE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 V A` S FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 21 PM 1: 30 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. WILLIAM IMHOFF and PHYLLIS IMHOFF, Defendants. CIVIL DIVISION NO. 10-7442 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 & Vitti & Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 ?tl A/ q Pew a;?6 1204?s?/Gy3 x /ao 1?1 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, } NO. 10-7442 NATIONAL ASSOCIATION, ) Plaintiff, ) VS. ) WILLIAM IMHOFF and PHYLLIS IMHOFF, ) 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 $169,749.06, in favor of the PNC Mortgage, et al , Plaintiff in the above-captioned action, against the Defendants, William Imhoff and Phyllis Imhoff and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $143,196.48 Interest from 11/1/09-1/18/11 11,079.58 (Plus $25.0103 per day after 1/18/11) Late charges (Plus $48.63 per month from 11/29/10-6/1/11 $340.41) 341.83 Attorney's fee 7,159.82 Escrow Deficit 7,971.35 (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 $169,749.0 The real estate, which is the subject matter of the Complaint, is situate in Twp Upper Mifflin, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 1 8 Mountain Rd Newburg, PA 17240. Tax ID# 44-06-0041-004. 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. 10-7442 NATIONAL ASSOCIATION, ) Plaintiff, ) VS. ) WILLIAM IMHOFF and PHYLLIS IMHOFF, ) Defendants. ) CERTIFICATION OF AILL 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 December 29, 2010, giving ten (10) day notice that judgment would be entered should no action be taken. VITTI & VITTI & ASSOCIATES, P.C. BY: 4?- e V5 Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 18th day COMNCarnNIFA!.THC Ic,.,,?'3YY. ANI ,?. r7 of January, 2011. N( Helen Helen [144?'l of Fi?f RUrt' ? corru^ Qt? Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, a division ofPNC BANK, NATIONAL ASSOCIATION ) no. 10-7442 Plaintiff, ) VS,. ) WILLIAM IMHOFF and PHYLLIS IMHOFF, ) Defendants. Il"ORTANT NOTICE TO: William Imhoff Phyllis Imhoff 1398 Mountain Road Newburg, PA 17240 Date of Notice: December 29, 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 & O0?C BY: ours itti, Esquire Attorney for Plaintiff 215 Fourth Avenue Pittsburgh, PA 15222 ** 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. --- --- ---- ----- ouis P. Vitti, 61E'snuto and subscribed before me this 18th day cor.Mk, r;, ;s, LHclenBo AN1A of January, 2011. A?,?;ur gl? C?tt, . i' Notary Public Or THELPROTHONOTARY 201 I JAN 21 PM 1:30 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION ENO. 10-7442 Plaintiff, vs. WILLIAM IMHOFF and PHYLLIS IMHOFF, Defendants. ? l?-I GCi r, S6 Pa '4'? PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS Code MORTGAGE FORECLOSURE 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. 10-7442 NATIONAL ASSOCIATION, ) Plaintiff, ) VS. ) WILLIAM IMHOFF and PHYLLIS IMHOFF, ) 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 $169,749.06 Interest 1/19/2011-6/1/2011 3,711.23 Total $173,46Q.29 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Twp Upper Mifflin, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 1398 Mountain Rd, Newburg, PA 17240. Tax ID# 44-06-0041-004. 0Pouis .Vitti, squire Attorney for Plaintiff r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-7442 NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) WILLIAM IMHOFF and PHYLLIS IMHOFF, ) 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 1398 Mountain Rd, Newburg, PA 17240. Louis P. Vito, squire SWORN to and subscribed before me this 18th day of January, 2011. Notary Public FI-FFICE OF THE PROTHONTAR ;f 2011 JAN 21 PH 1:30 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-7442 NATIONAL ASSOCIATION, ) Plaintiff, ) VS. ) WILLIAM IMHOFF and PHYLLIS IMHOFF, ) 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. --;0& ouis P. Vitti, quire Attorney for Plaintiff SWORN to and subscribed before me this 18th day C4fONW??!ANiP of January, 2011. Iii{ n 13 he [Ci LL b fo_?/ Notary Public FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 21 PM 1: 30 CUPENNS LTY VANA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-7442 NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) WILLIAM IMHOFF and PHYLLIS IMHOFF, ) Defendants. ) AFFIDAVIT PURSUANT TO RULE 291 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 1398 Mountain Rd, Newburg, PA 17240. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) William Imhoff 1398 Mountain Rd Phyllis Imhoff Newburg, PA 17240 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 Upper Mifflin Township 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 PA Dept. of Sheriff Sales Bureau of Compliance c/o Frances Olier 455 Whiskey Run Road Newville, PA 17241 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 Dept. #281230 Harrisburg, PA 17128-1230 Tenant/Occupant 1398 Mountain Road Newburg, PA 17240 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 18, 2011 Date SWORN to and subscribed before me this 18th day of January, 2011. Notary ublic v uis P. Vitti, squire Attorney for Plaintiff . VANIA City of P3} c r Coulit 1, My NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: William Imhoff Phyllis Imhoff 1398 Mountain Road Newburg, PA 17240 AND: ALL LIEN HOLDERS c rn ? M x;X) cn ?" ?n =a 5;c= x s?• N -v ca x-n rn- ..,pr ?rn O Co --+p xrn o-n Xii c) rn r 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 William Imhoff and Phyllis are owners or reputed owners: Twp Upper Mifflin, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 1398 Mountain Rd, Newburg, PA 17240. Tax ID# 44-06-0041-004. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of PNC Mortgage, et al vs. William Imhoff and Phyllis Imhoff at No. 10-7442 in the amount of $169,749.06. 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 Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you 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 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. Louis P. Vitti, squire 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.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KEYBOARD(Please email a copy of legal to cbrewbaker@ccpa.net) PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-7442 NATIONAL ASSOCIATION, ) Plaintiff, ) VS. ) WILLIAM IMHOFF and PHYLLIS IMHOFF, ) Defendants. ) LEGAL DESCRIPTION All that certain parcel of land situate in the Township of Upper Mifflin, County of Cumberland, Commonwealth of Pennsylvania, being known and designated as follows: beginning at an existing railroad spike at the intersection of Chestnut Road (T-383), Mountain Road (SR- 4007) and Swartz Road (T-500); thence along and through Swartz Road (T-500) North 34 degrees 52 minutes 17 seconds West 134.77 feet to a set iron pin: thence along the division line between Lot No. 1 and Lot No. 2 on the hereinafter mentioned Final Plan the following two courses and distances; (1) North 30 degrees 45 minutes 59 seconds East 232.02 feet (2) thence South 59 degrees 14 minutes 01 seconds East 114.70 feet to a set railroad spike in the center line of Mountain Road (SR-4007); thence through the centerline of Mountain Road (SR-4007) and continuing along the division line between Lot No. 1 and Lot No. 2, North 33 degrees 39 minutes 32 seconds East 170.00 feet to an existing railroad spike; thence along lands now or formerly of Mark L. and Theresa M. Myers, South 43 degrees 05 minutes 30 seconds East 313.46 feet to an existing pose thence with same South 89 degrees 37 minutes 55 seconds West 201.97 feet to an existing 24 inch white oak; thence along lands now or formerly of Robert T. Brumagin south 69 degrees 48 minutes 34 seconds West 279.43 feet to an existing railroad spike, the place of beginning. Containing 2.3389 acres and being Lot No. 1 on the duly approved Final Subdivision Plan for Paul E. McBride as prepared by Eric L. Diffenbaugh, PLS dated April 7, 2005 and recorded October 28, 2005 in Cumberland County Plan Book 91, pages 77. Having erected thereon a dwelling known as 1398 Mountain Rd, Newburg, PA 17240 Tax ID# 44-06-0041-004 Being the same premises which Paul Edward McBride, a single man by his deed dated 06/30/06 and recorded on 7/11/06 in the Recorder of Deeds Office of Cumberland County, PA in Deed Book Volume 275, page 2945 granted and conveyed unto William Imhoff and Phyllis Imhoff. NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: William Imhoff Phyllis Imhoff 1398 Mountain Road Newburg, PA 17240 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 William Imhoff and Phyllis are owners or reputed owners: Twp Upper Mifflin, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 1398 Mountain Rd, Newburg, PA 17240. Tax ID# 44-06-0041-004. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of PNC Mortgage, et al vs. William Imhoff and Phyllis Imhoff at No. 10-7442 in the amount of $169,749.06. 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. and Vitti and Associates, P.C. ELLORS AT LAW JRTH AVENUE URGH, PENNSYLVANIA 15222 ILED ?L r i THE 2011 FEB 22 TAGE ST-CLASS Q'` 2S0007o61721 tiZ, 15219 ref i,%M 1, . . :.?. " - ? Itt11?11it11 if i}d 11133-1?1fi111141 iliili}11?31iit i? 11,11 Mill WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 10-7442 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 WILLIAM IMHOFF AND PHYLLIS IMHOFF (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: $169,749.06 L.L.: Interest 1/19/2011- 12/5/12 - $19,142.11 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $220.50 Other Costs: Plaintiff Paid: Date: 7/13/12 David D. Bue 1, Prothon (Seal) ? . Deputy REQUESTING PARTY: Name: LOUIS P VITTI, ESQUIRE Address: VITTI & VITTI ASSOCIATES, PC 215 FOURTH AVENUE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 }ei c03 JOHOTAR Y N12 JUL {6 phi 4: 05 PENY TY NSpANq IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-7442 NATIONAL ASSOCIATION, ) Plaintiff, ) VS. ) WILLIAM IMHOFF and PHYLLIS IMHOFF, ) Defendants. ) PRAECIPE TO ISSUE WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly, issue a Writ of Execution in favor of the Plaintiff and against the the above-captioned matter as follows: in: Amount Due $169,749.06 Interest 1/19/2011-12/5/12 19.142.11 Total $188,891.17 s) in The real estate, which is the subject matter of the Praecipe for Writ of Execution is Situate Twp Upper Mifflin, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 1398 Mountain Rd, N PA 17240. Tax ID# 44-06-0041-004. 6D OmA c?a ga.oou4 1 q, oo ci<< 9H. (50 u y is ?--?6 . aw' Louis P. Vitti, Esquire Attorney for Plaintiff oe'd :P&.-2tk & l??a7gbs9 C?p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-7442 NATIONAL ASSOCIATION, ) Plaintiff, ) VS. ) WILLIAM IMHOFF and PHYLLIS IMHOFF, ) Defendants. ) AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. Tiat the Defendants' last known address is 1398 Mountain Rd, Newburg, PA 17240. Louis P. Vitti, Esquire SWORN to and subscribed before me this l Oth day of July, 2012. ("- - , - (-a= - N tary Public i J M- PROTHONOTAh l 20 12 JUL 16 PF 4: U 6 jU PEN Sr VAMA OUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-7442 NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) WILLIAM IMHOFF and PHYLLIS IMHOFF, ) 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 th laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. /?d P Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 10th day of July, 2012. Notary Public PROTHONPAR( 2U12 JUL 16 FM U6 ,, PZNNSYL A?N A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK, ) NO. 10-7442 NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) WILLIAM IMHOFF and PHYLLIS IMHOFF, ) 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 Execution was filed the following information concerning the real property located at 1398 Moun Newburg, PA 17240. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) William Imhoff 1398 Mountain Rd Phyllis Imhoff Newburg, PA 17240 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. rit of Rd, 3. Name and last known address of every judgment creditor whose judgment is a record l en 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 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 interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Upper Mifflin Township 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 PA Dept. of Sheriff Sales Bureau of Compliance c/o Frances Olier 455 Whiskey Run Road Newville, PA 17241 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 Dept. #281230 Harrisburg, PA 17128-1230 the any Tenant/Occupant 1398 Mountain Road Newburg, PA 17240 I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief [ understand that false statements herein are made subject 1:0 the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. July 10, 2012 Date SWORN to and subscribed before me this 10th day of July, 2012. Notary Public ouis P. Vitti, Esquire Attorney for Plaintiff r`ILL F'RO TH0Ni0TAF:' 2312 JUL 16 PM1114: 06 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: William Imhoff Phyllis Imhoff 1398 Mountain Road Newburg, PA 17240 AND: ALL LIEN HOLDERS CUMBERLAND C UN7Y PENNSYLYA IA TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of C mmon 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 5, 2012 at 10:00 A. ., the following described real estate, of which William Imhoff and Phyllis are owners or reputed own ers: Twp Upper Mifflin, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 1398 Mountain Rd, N PA 17240. Tax ID# 44-06-0041-004. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action f PNC Mortgage, et al vs. William Imhoff and Phyllis Imhoff at No. 10-7442 in the amount of $169,749.06. 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. I Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (3days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may property to be held or taken to pay the judgment. You may have legal rights to prevent your pr( being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise you must act promptly. of the of the e your yfrom rights 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 o der to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help yo . You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale odors, 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 ether 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 valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twen (20) days after service or in certain other events. To exercise this right, you would have to file a peti ion to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the S eriff 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 fora 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 th date when the Schedule of Distribution is filed in the Office of the Sh r +. Louis P. Vitti, Esquire Attorney for Plaintiff 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 i ** 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 ENFORCEIV, ENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANg No. 10-7442 NATIONAL ASSOCIATION, AFFIDAVIT OF SERVICE Plaintiff, vs. Code 140-MORTGAGE FORECLOSURE WILLIAM IMHOFF and PHYLLIS Ilvi>=IOFF, Filed on behalf of Plaintiff Defendants. Counsel of record for this p~3'~ Louis P. Vitti, Esquire Supreme Court #01072 Vitti & Vitti & Assoc., P.C. ~,_, 215 Fourth Ave _ Pittsburgh, PA 15222 :. ' (412) 281-1725 ~ -. ? ~ , - u;:; __~ _..~ ~.~„ ~--~ - . :.R-, ~ .. __. ~_ _. ~~ 3 ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE, A DIVISION OF PNC BANK ) NO. 10-7442 NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) WILLIAM IMHOFF and PHYLLIS IMHOFF, ) Defendants. ) AFFIDAVIT OF SERVICE I, Louis P. Vitti, do hereby certify that the Notice of Sale has been served upon the Defendants by The Sheriff of Cumberland County on September 28, 2012 and all Lien holders, by Certificate of Mailing, for service in the above-captioned case on September 26, 2012 advising them of the Sheriff s sale of the property 1398 Mountain Road, Newburg, PA 17240 on December 5, 2012. VITTI & I & ASSOCIATES, P.C. Louis P. Vitti SWORN to and subscribed before me this 21st day of November, 2012. otary Public ,. U.S. POSTAL SERVICE CERTIFICATE OF MAILNG MAY BE USED FOR DOMESTIC AND INTERNATONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti 8 Vitti 8 Associates. P.C. 215 Fourth Avenue. Pittsburgh. PA 15222 One piece of ordinary mail eddrmaed to: Tax Collector of Upper Mifflin Township c/o Frances Olier 455 Whiskey Run Road Newville, PA 17241 Ps roan 3sn, January zuul U.S. POSTAL SERVICE CERTIFICATE OF MAILNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti 8 Vitti 8~ Associates. P.C. 215 Fourth Avenue. Pittsburgh, PA 15222 One piece of ordinary mail addressed to: Pennsylvania Department of Revenue Office of Chief Counsel t' Fb fox 2~iolD ~ Hamsburg, PA 17128 rs roan sai r, January zuuT U.S. POSTAL SERVICE CERTIFICATE OF MAILNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received Fmm: Vitti 8r Vitti 8r Associates. P.C. 215 Fourth Avenue. Pittsburgh. PA 15222 One piece of ortfinary mall addressed to: Commonwealth of PA-DPW P.O. Box 8016 Harrisburg, PA 17105 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received Fmm: Vitti &Vitti 8r Associates. P.C. 215 Fourth Avenue. Pittsburgh. PA 15222 One piece of ordinary mail addressed to: Clerk of Courts CriminaUCivil Division One Courthouse Square Carlisle, PA 17013 rs roan sei r, January zuui ~~~,~ Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. - ~ 1Y $1.150 US POSTAGE ~~ FIRST-CLASS ,.. 06260007061721 p 16222 a .; Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. $1.150_-- US POSTAGE FIRST~LASS ~, os2sooo7os1721 15222 'r" ,. ~~~ Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. $1.150 US POSTAGE FIRST-CLASS 062S0007061721 i, ,,. 15222 Q ~~ --.-_.~._~t--~' Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster far current fee. _ _ ,~ ~.. f $1.158 d% US POSTAGE ' FIRST-CLASS ~; os2sooo7os1721 a 15222 r e U.S. POSTAL SERVICE CERTIFICATE OF MAILNG MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received Fmm: Vitti 8 Vitti 8 Associates. P.C. 215 Fourth Avenue. Pittsburgh. PA 15222 One piece of ordinary mail addressed to: Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 rs roan stsi7, January zuu~ U.S. POSTAL SERVICE CERTIFICATE OF MAILNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti 8 Vitti & Associates. P.C. 215 Fourth Avenue. Pittsburgh. PA 15222 One piece of ordinary mail etltlreeaed M: Court of Common Pleas of Cumberland County Domestic Relations Division - p ~~'~ Carlisle, PA 17013 U.S. POSTAL SERVICE CERTIFICATE OF MAILNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received Fmm: Vitti 8r Vitti 8~ Associates. P.C. 215 Fourth Avenue. Pittsburgh. PA 15222 One piece of ordinary maG addressed to: PA Dept. of Sheriff Sales Bureau of Compliance Dept. # 281230 Harrisburg, PA 17128-1230 U.S. POSTAL SERVICE CERTIFICATE OF MAILNG MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti 8r Vitti 8~ Associates. P.C. 215 Fourth Avenue. Pittsburgh. PA 15222 One piece of ordinary mail addressed M: Tenant/Occupant 1398 Mountain Road Newburg, PA 17240 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. _ .t._. / ~k,~~ $1.150 ,"` US POSTAGE FIRST-CLASS g os2sooo7osn21 { 15222 ~ _, ~` ' _ l --~._~._,x----' Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. $1.15Q US POSTAGE FIRST~LASS ~ 062S0007061721 0 15222 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. $1.150 us PosTaGE FIRST-CLASS ~ 062S0007061721 15222 O Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. $1.150 US POSTAGE FIRST-CLASS 062S0007061721 15222 0 ro rVnn Jo rl, January LVV I HB(Imhoff , 1 The Patriot-News Co. 2020 Technology Pkwy e patriotNews Suite 300 Mechanicsburg, PA 17050 Now you know , Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE i CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 j 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday % Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State ii 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/Community Weekly 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: 2010-7442 ChM Term PNC MORTGAGE 10/26/12 -.',6 YY .UAM IMIHOFF N 11/02/12 Phyllis Imhoff 11/09/12 Atty: Louis P VIM All that certain parcel of land situate in OP ' ` 111111 the lbwnship of Upper Mifflin,County of Cumberland,Commonwealth of r' Pennsylvania,being known and designated 1 as beginning at an existing railroad sp lkeat ,torn t• an• subscribed before e is 1#'ay • November, 2012 A.D. the intersection of Chestnut Road(T-383), 1, % Mountain Road(SR 4007)and Swartz L6 Road(T500);thence along and through �.l - �.'�C' G'G, - ALICIlt Swartz Road(T-500 North 34 degrees 52 t 'minutes 17 seconds West 134.77 feet to Notary Public the division l „the �. . COMMONWEALTH OF PENNSYLVANIA as ' ` Notarial Seal . .. (1)North 30, degrees 45 minutes 59 b� Sherrie L.Owens,Notary Public seconds East 232.02 feet(2)thence Sou , Lower PaxCnn Twp.,Dauphin County degrees 14 minutes 01 seconds Ea t My Commission Expires Nov.26,2015 4.70 feet to a set railroad Spike m the MEMBER,PENNSYLVAZ ASSO tAA1 SON OF NOTARIES Inter line of Mountain Road(SR-4007); l hence through the'centerline of Mountain Road(SR-4007)and continuing along the division line between Lot No,l and