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HomeMy WebLinkAbout04-3475 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, Plaintiff, CIVIL DIVISION NO. CJ.I - jl./'1$ C,'oiL <y~ COMPLAINT IN MORTGAGE FORECLOSURE vS. JOSEPH C. STANTON, JR. and CARMEN G. STANTON, husband and wife, Code -MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PA LD. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281.1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., d/b/a ) ACCUBANC MORTGAGE, ) Plaintiff, ) NO: w. ) JOSEPH C. STANTON, JR. and CARMEN G. ) STANTON, husband and wife, ) Defendants. ) COMPLAINT IN MQRTGAGE 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 TIDS 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 TIDS 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, TIDS OFFICE MAYBE 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 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, PoCo 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: I. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 3232 Newmark Drive, Miamisburg, OH 45342. 2. The Defendant(s) is/are individuals with a last known mailing address of2413 Rolling Hills Drive, Mechanicsburg, PA 17055. The property address is 2413 RoIling Hills Drive, Mechanicsburg, PA 17055 and is the subject ofthis action. 3. On the 16th day of November, 2001, in consideration ofa loan of One Hundred Fifty-One Thousand, Eleven and No/lOO ($151,011.00) Dollars made by National City Mortgage Co., d/b/a Accubanc Mortgage, an OH corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Co., an OH corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Co., d/b/a Accubanc Mortgage, as mortgagee, which mortgage was recorded on the 18th day of December, 2001, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1742, page 4094. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 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 November 1, 2002, the mortgage has been in default by reason, inter alia, ofthe 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 mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice ofIntention 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 Rules 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 as evidenced by the last recorded deed of record at the time of filing this complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 114 7( 6), Plaintiff demands judgment for the amount due of One Hundred Eighty.Seven Thousand, One Hundred Eighty- Seven and 41/100 Dollars ($187,187.41) with interest and costs. Respectfully submitted, BY Stanton, Joseph C., Jr. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 7.8750% from 10/01/02 through (Plus $32.3500 per day after 7/31/2004 ) 7/31/2004 Late charges through 7/16/2004 o months @ 43.80 Accumulated beforehand (Plus $43.80 on the 17th day of each month after 7/16/2004 ) Attorney's fee Escrow deficit (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff's sale) BALANCE DUE 149,939.90 21,642.18 131.40 7,497.00 7,976.93 187,187.41 . ~~\. Ai'i I ~' tuan ~o: 09X:-(1.:;()U B,'rro"er: JOSEI'II C ST,\:"TO~. JR. . Dara JD: ~l1.,l LEGAL DESCRIPTION Paste legal dc.<criplion here then pholOcopy. Allach to )he document to he recorded and file 35 one instrument. ALL THAT CERTAIN piece, parcel, and lot of land situate on the east side of Rolling Hills Drive in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania in Plan Book 68, Page 15, being more fully bounded and described as follows, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Rolling Hills Drive at the dividing line of Lot #83, herein described; thence by said dividing fine. South 84 degrees 40 minutes 36 seconds East. a distance of 155.90 feet to a point at Parcel "B"; thence by said Parcel "B", South 12 degrees 40 minutes 23 seconds West. a distance of 84.41 feet to a point at the dividing line, North 80 degrees 35 minutes 03 seconds West, a distance of . 148.09 feel to a point on the eastern dedicated right-of"way line of Rolling Hills Drive; thence by said right-of-way line by a curve to the left having a radius of 1025 feel and an arc distance of 73.21 fe!;!; the chord of said curve being, North 07 degrees 22 minutes 11 seconds East, a distance of 73.20 feet to a point, the place of BEGINNING. CONTAINING 11,910 Square Feet More of Less UNDER AND SUBJECT TO a 25 feet slopelvegetation easement along the eastern lot line and all easement and restrictions of record. Parcel #42-29-2454-265 EXHIBIr I-. " 111111 111111 11111 1111 11111111111 11111 1111111111 II!II !11II1111I1111I1I1111I1111I1111111I1111I11I111I11I111111I11I1I11~1I! L2::jY700XOl330009859300 VERIFICA nON AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Dated: July 16,2004 SHERIFF'S RETURN - REGULAR CASE NO: 2004-03475 P COMMONWEALTH OF PENNSYL~~IA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS STANTON JOSEPH C JR ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STANTON JOSEPH C JR the DEFENDANT at 1714:00 HOURS, on the 21st day of July 2004 at 2413 ROLLING HILLS DRIVE MECHANICSBURG, PA 17055 by handing to CARMEN G STANTON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.14 .00 10.00 .00 36.14 ~(o"7^"P' ./~ r ...;A!tC#-~~f_~~ R. Thomas Kline 07/22/2004 LOUIS VITTI Sworn and Subscribed to before By: me this "-' 'f~ day of ;Lev '-I A.D. Q~~I /, thonotary ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-03475 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS STANTON JOSEPH C JR ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE STANTON CARMEN G was served upon the , at 1714:00 HOURS, on the 21st day of July , 2004 DEFENDANT at 2413 ROLLING HILLS DRIVE MECHANICSBURG, PA 17055 CARMEN G STANTON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Answers: ~~~ R. Thomas Kline So 07/22/2004 LOUIS VITTI Sworn and Subscribed to before By: me this </ E day of ~ ;Loo'l A.D. Q. rnJi,. ^j~j Prothonotary '.-rCJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, CIVIL DIVISION NO. 04-3475 Civil Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE vS. JOSEPH C. STANTON, JR., and CARMEN G. STANTON, husband and wife, Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PA LD. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.c. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, Plaintiff, vs NO: 04-3475 Civil JOSEPH C. STANTON, JR., and CARMEN G. STANTON, husband and wife, 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 $187,963.81, in favor of the National City Mortgage Co., et aI, Plaintiff in the above-captioned action, against the Defendants, Joseph C. Stanton, Jr. and Carmen G. Stanton and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 07/31/04-08/24/04 (Plus $32.3500 per day after 08/24/04) $149,939.90 22,418.58 Late charges (Plus $43.80 per month from 07/16/04-12/08/04 $219.00) 131.40 Attorney's fee 7,497.00 Escrow Deficit (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) 7.976.93 Total Amount Due $187,96~.81 The real estate, which is the subject matter of the Complaint, is situate in Twp of Upper Allen, Cty of Cumberland & Cmwlth ofPA. PBV 68, pg 15. HET a dwg k1a 2413 Rolling Hills Drive, Mechanicsburg, PA 17055. Parce No. 42-29-2454-265. . , ? Louis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, Plaintiff, vs NO: 04-3475 Civil JOSEPH C. STANTON, JR., and CARMEN G. STANTON, husband and wife, Defendants. CERTIFICATION OF MAILING I, Louis P. Vitti, do hereby certify that a Notice ofIntention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on August II, 2004, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, PoCo SWORN to and subscribed before me this 8th day of August, 2004. J~/MJ cY~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, Plaintiff, vs. No. 04-3475 Civil JOSEPH e. STANTON, JR., and CARMEN G. STANTON, husband and wife, Defendants. IMPORTANT NOTICE TO: Joseph C. Stanton Cannen G. Stanton 2413 Rolling Hills Drive Mechanicsburg, PA 17055 Date of Notice: August 11, 2004 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 MAYBE 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 mRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WIlli INFORMATION ON AGENCmS THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY A VENUE CARLISLE, P A 17013 (717) 249-3166 ITTI & ASSOCLJTE~, P.e. 0UjP' uis P. Vitti, Esquire- Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION COMMONWEALTH OF PENNSYL VANIA, 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 ofthe 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 Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that tbe averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. Louis P. Vitti, Esquire SWORN to and subscribed before me this 24th day of August, 2004. w/. ~~ ~ary Wifl! Dea! I Pl:~I'>r,r(/-,,~:O'iS.i!\i()1!:-1.ry PUl<lic L P1CdSclrq ".."" ,J',:-,:, l~ji;:i{lf;.env CQunty ~ ,'",,.,.., - ,-, "', . ~.y C.l ."SU(, I- H)!,i'<, i"'-' "J'''1''8 2007 M(",~~';- i:";;n~:;;:~'~;.;~;;!iti:r', (~ ~otaries (J ~~ 1i F ~ g ~ ~ --0 ~ . C) p: ~ ...() o o ~ E ( ~ 0 ,..., 0 <=> c (;;:::::> -n :l:'. ~ .-\ -Cl l.' = :C-:"l ..-: " c: "-11(":': ,. C;") ., -:r- -a~::!} "',~, .~ ", ~~J '-> (11 ? 0'. c.:)(-) r::;~" -T~ -j-i ..." P")-n '. ~.~(;:) .,. . . :;i: Z. '. ~_\,";1, { I 'i,. C w ~ .." ~-:i:) S2 .::- .< - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, CIVIL DIVISION NO. 04.3475 Civil Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. Code MORTGAGE FORECLOSURE JOSEPH C. STANTON, JR. and CARMEN G. STANTON, husband and wife, Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PA LD. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA l52l9 (4l2) 28l-I725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, Plaintiff, vs NO: 04-3475 Civil JOSEPH C. STANTON, JR., and CARMEN G. STANTON, husband and wife, 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 $187,963.81 Interest 08/25/04-12/08/04 3.429.10 Total U~lJ.2Z,!)l The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate m: Twp of Upper Allen, Cty of Cumberland & Cmwlth ofP A. PBV 68, pg l5. HET a dwg k/a 2413 Rolling Hills Drive, Mechanicsburg, P A 17055. Parce No. 42-29-2454-265. ~r;a- . Louis P. Vitti, Esquire ~ Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, Plaintiff, vs NO: 04-3475 Civil JOSEPH C. STANTON, JR., and CARMEN G. STANTON, husband and wife, 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 2413 Rolling Hills Drive, Mechanicsburg, PA 17055. ~~., L /PV"E' ~ OUlS . IttJ, sqUire SWORN TO and subscribed before me this 24th day of August, 2004. ,M.lA/uJ d ~~ Nrotary Pubt --- -, {\lctar~:! Deaf E;h!m,/ i _ ~-r.:':.~::::,;, NO!drj Public ) r-'!("bi.;-'i I {;!I:: Ft.'I;':", Ai!onh0ny County \ " ',' : _,' co. L,_vli >-\.:;I:r~.~;;-;;;,_ ; xp,,'e:,!df1Uary 28,2007 "');~.h' 'I: ~::,~,7'-;,~;'~~"i;:~,::>:_;-::~i::~ZnOr Notaries ~ ~~\ r' ~ 1:(", ~(:.l c.- :z =2 "" = = .r >' C:::. G'> ", 0'\ o -n ::.:I fii :.C' i"" -om ~1i~:, (~ .~~'\ -.5-0 :_".'11'01 .-, j,: :..-< -n :~\: ":-? .::- ..,. IN THE COURT OF CO~!M)N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FDR WRIT OF EXECUTION Caption: Confessed Judgment National City Mortgage Co., d/b/a Accubanc Mortgage vs. : Other Joseph C. Stanton, Jr. and Camen G. Stanton, husband and wife, File No. 04-3475 Arroun t Due $ 187,963.81 Interest $ 3,429.10 Atty'S Comn Costs TO THE PRCmiON:JrARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installJrent sale, contract. or account based on a confession of judgnent, but if it does, it is based on the appropriate or.i.ginal proceeding filed pursuant to Act 7 of 1966 as aIrenCled; and for real property pursuant to Act 6 of 1974 as arrended. Issue writ of execution in the above rratter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s} Joseph C. Stanton, Jr. and Carmen G. Stanton PAAEX:IPE FOR ATl'.P.CH1ENl' EXEOlTIOO Issue writ of attachrrent 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 agains t the garnishee ( s) as a lis J;€11dens against real estate of the defendant(s) described in the attached exhibit. Signature:~~~\ DATE: August 24, 2004 Frin t Name: Louis P. Vit ti 916 Fifth Avenue Pittsburgh, PA 15219 Plaintiff (412) 281-1725 .~dress: A::tor7ley for: ~ 21e;:~,.one: r ( ~ ~ B. S- ~ ,.., .. .1\ r (J ~~ ........ lU ~,9J ~ w (1)- ry-O -cQ.~ . :--- II') 0 (). \) f-~ r , i;::, fll-w~ oJ:: Iv..() Crt i" r-- II) ~~g'~8i8 ~xJ ~ ~ -.:: ~~F ~ ' ~ :.~ ~ 0 o ~ -n C -.s:"" -' ...... ....... fi,-'" >. -- .... d)~., C r-. t"-' G" -0 ro ."."-T' . ~rJc;) :t" 1" Db a/i Cf' -J .,-, :.< .,(,": ~~~ :u '2c, -0 'io ~~. ::J: c=,rn ~\...- ./ "'" C' v:> .~~ ':Pc .. <'" -;:. r:- '2 :2 &' , ~ LEGAL DESCRIPTION ALL that certain piece, parcel, and lot of land situate on the East side of Rolling Hills Drive in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania in Plan Book 68, Page 15, being more fully bounded and described as follows, to wit: BEGINNING at a point on the Eastern dedicated right-of-way line of Rolling Hills Drive at the dividing line of Lot #83, herein described; thence by said dividing line, South 84 degrees 40 minutes 36 seconds East, a distance of l55,90 feet to a point at Parcel "B"; thence by said Parcel "B", South l2 degrees 40 minutes 23 seconds West, a distance of 84.41 feet to a point at the dividing line, North 80 degrees 35 minutes 03 seconds West, a distance of l48.09 feet to point on the Eastern dedicated right-of-way line of Rolling Hills Drive; thence by said right-of-way line by a curve to the left having a radius of 1025 feet and an arc distance of73.2 1 feet; the chord of said curve being, North 07 degrees 22 minutes 1 1 seconds East, a distance of73.20 feet to a point; the place of beginning. CONTAINING 1 1,9l0 Square Feet More or Less, UNDER and subject to a 25 feet slope/vegetation easement along the Eastern lot line and all easement and restrictions of record, Parcel No. 42-29-2454-265. BEING the same premises which Bowman's Hill Association, a Partnership General Partnership, by Deed dated 06/08/2000 and recorded 06/l2/2000 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 223, page 169, granted and conveyed unto Joseph C. Stanton, Jr. and Carmen G. Stanton. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N004-3475 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., D/BIA ACCUBANC MORTGAGE, Plaintiff (s) From JOSEPH C. STANTON, JR., AND CARMEN G. STANTON (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 ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $187,963.81 Interest $3,429.10 Atty's Comrn % Atty Paid $134.14 Plaintiffpaid Date: AUGUST 26, 2004 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonota?? p 7n ~17~D . , '{.'C'44/'''-/ Deputy REQUESTING PARTY: Name LOUIS p, VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 3810 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, Plaintiff, vs NO: 04-3475 Civil JOSEPH C. STANTON, JR., and CARMEN G. STANTON, husband and wife, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., et ai, 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 2413 Rolling Hills Drive, Mechanicsburg, P A 17055. 1. Name and address ofOwner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Joseph C. Stanton Carmen G. Stanton 24 1 3 Rolling Hills Drive Mechanicsburg, PAl 7055 2. Name and address ofDefendant(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) At Your Service Home Builders, LLC P.O. Box 232 Lewisberry, P A 17339 Bank One 5200 Pleasant Avenue Fairfield,OH 45014-2620 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) BWI Development Corp. Att: David R. Schad 135 N. George Street York, PA 17401 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 Allen Township Upper Allen Township Office 100 Gettysburg Pike Mechanicsburg, PA 17055 Board of Commissioners Upper Allen Township Office lOO Gettysburg Pike Mechanicsburg, PAl 7055 Commonwealth ofPA -DPW P.O. Box 8016 Harrisburg, P A 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA l7013 Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PAl 70 13 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Clearance Support Section Dept. #28l230 Harrisburg, PA 17l28-1230 Attn: Susan Blough Tenant/Occupant 2413 Rolling Hills Drive Mechanicsburg, PAl 7055 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 l8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Au~st 24, 2004 Date L~is P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 24th day of August, 2004. ~~~~p Notary P A"i';;;-;~-----J-- '3Ix'ITV (r-t, i':nnrj Put)1Jc rll,'a>;;~}~j ~',I-' H.;,__ tl,!if;~:;ll(my County rl/I\, t:t)! r" t Ii: ,Si;,'. i__ ":011 f):'i .Januaty :,_'F, 2007 -r-J~~;!:;l~;,~-r.:-~ ;;:lm-;i::,~~-;~:~--;,'..:';::~~i21j00:)f'I:IJC>tarles 0 ....., 0 <=> c- = -n .r- ~;,~ ;po ::? -r)f;:: c:::: ~::::J 92r:::: (7) rnc~ -c.rn ;:~; ", Jc. v?,,~" ~..o ( 0' 0' j -,.jQ r~ v ..." :r:--i) ~c ::l' ~~ ~c, r <.f? ..J ~- .... z '?O ~ .:=- ...- -< NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Joseph C. Stanton, Jr. Carmen G. Stanton 24 1 3 Rolling Hills Drive Mechanicsburg, P A 17055 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on December 8, 2004 at 10:00 A.M., the following described real estate, of which Joseph C. Stanton, Jr., et al are owners or reputed owners: Twp of Upper Allen, Cty of Cumberland & Cmwlth ofP A. PBV 68, pg l5. HET a dwg k/a 2413 Rolling Hills Drive, Mechanicsburg, P A 17055. Parce No. 42-29-2454-265. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co., et al vs. Joseph C. Stanton, Jr., et al at 04-3475-Civil in the amount of $l87,963.81. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be fIled with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE TillS 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 LffiERTY 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 Sheriff's 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 Sheriff's Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriff's 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 ifno petition to set aside the sale is filed within ten (lO) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** ~ ri-l'- ~.n -.., ~. ~~e (J).i. ' ~t~, ?ic; :.;.0 c Z ~ "" = <= .c- ,.. c:: G') '" '" -0 ::r (-f! o ." ::;:l fii:!J r- :g8 0' j~~ 0- -~() Om ~ ..0 -< &"' .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, CIVIL DIVISION NO. 04-3475 Civil Plaintiff, AFFIDA Vl(T OF SERVICE vs. Filed on beh.alf of Plaintiff JOSEPH C. STANTON, JR., and CARMEN G. STANTON, husband and wife, Counsel of record for this party: Defendants. Louis P. Vitti, Esquire P A I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, Plaintiff, NO: 04-3475 Civil vs. JOSEPH C. STANTON, JR., and CARMEN G. STANTON, husband and wife, Defendants. AFFIDAVIT OF SERVICE I, Sherry L. House, do hereby certify that a Notice of Sale was mailed and served upon all lien holders by Certificate of Mailing for service in the above-captioned case on August 13, 2004, advising them ofthe Sheriffs sale of the property at 2413 Rolling Hills Drive, Mechanicsburg, P A 17055, on December 8, 2004. LOUIS P. VITTI & ASSOCIATES, P.C. " -YfL;rz BY SWORN to and subscribed before me this 29th day Notary Public NOTMIM. lEAL iDeA. ~~ tIOTMfPUU: cnYOFPR18IUIlICII.'" t~8<<caurm IfICDII8tIONBR&ocm&R17." U.S. POSTAl SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAl.. MAIl. DOES NOT PROVIDE FOR INSURANCE.POSTMASTER Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 One piece of onlInary moM addressed to: Court of Common Pleas of Cumberland County Domestic Relations Division P.O. 320 Carlisle, PA 17013 PS Form 3817, January 2001 ,..--- u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAl.. MAIL. DOES NOT PROVIDE FOR INSURANCE.POSTMASTER Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 One piece of ordinary mail addressed to: Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 AU: Susan Blough PS Form 3817. January 2001 U.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAl. MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 One piece of ordinary mail addressed to: Tenant/Occupant 2413 Rolling Hills Drive Mechanicsburg. PA 17055 PS Form 3817. January 2001 slh.stanton.12.8.04 t' t~- i <~,. ... r" ,~ / ;~\ ( :, ';c\ I,'hi) \ <..' :;C) \1/ -. ('I '" ~',: ~)~~ ..,,!1:~ ~.--:::-:;~\ . 7: n!~ll'?>,"'v'\~,tt~ '::t~n' ()~: ~fJf ...~,. ~\~,( ::; t'O ~~~ ~ ~-{~:~~~~~4 "i\~ ,::-' n', '''~f'''' " .; '''... ~ ~ eXl "'v.' r '.Ph ';:",., . If I ~t;~ ~~.:'~:t~.~Jl\:, It; I !. 14~ (.J;?____---(y>'}-i . ' , ~~., ~d ~'€?, · 1"1:' 1'" liJ ---- d ,t'l..'. ~,,; .~~ ~ ~i! ~ ~~ : \.j i , ("." , ~~~:7; !:~i .._~ '. -..........\ /..-" . ,. -'r:~~:,"";.:., l r: / ~,:' ;~..' I i -f! ..... ~ "j ',~ t.." OJ \' , ,:;; I " " ~,..:,:\ . \.:?\\ 1...1)' 1 'j' l :1l ,-~ U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAI~. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received Fran: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Plttsburah. PA 15219 One piece of ordinary maN addressed 10: At Your Service Home Builders, LLC P.O. Box 232 Lewisberry, PA 17339 PS Form 3817. January 2001 u.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE UseD FOR DOMESTIC AND INTERNATIONAL MAI~. OOES NOT PRO~DEFORINSURANCE-POSTMASTER ROC8lved Fran: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Plttsburah. PA 15219 One piece 01 ordinary mall add....sad 10: aWl Development Corp. 135 N. George Street York, PA 17401 Att David R. Schad PS Form 3817. January 2001 u.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAI~. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From; Louis P. Vitti & Associates. P .C. 916 Fifth Avenue. Plttsburah. PA 15219 One pleca 01 ordinary maD addressed 10: Tax Collector of Upper Allen Township Upper Allen Township Office 100 Gettysburg Pike Mechanicsburg, PA 17055 PS Form 3817. January 2001 ,/"",,''i:: t[": / .... . /,;i ;.' <J:' " c', -. ~! ::~ ~~/. . ;'.>/ ~ .A:;'lOI \:~, ~;~.~..__~~~,~~J~, ~'J~' ':' _ ~ . ",'~)'.,.., ,,,~,~.:.,,~,,,.,-,, ?Jq~~~:;~~~;,9:r.t~ ~ -.,<\ \ : '''rn;t-, . JU~ ....:j~., c:.~ x f~;;. ',.*~ ~''.:'4. -:,. r;:.--..... ,,, ..:_.;~ , eo! :-i . I E I 1:,I( 1!llf.1 dfltt fifj'l 1<" . '~n '-I " ,-' t.... ";, .~~.' ~ /- ..... " "I::l \ '-"'-'''' ~. /0' ! ~ I ~:,'<~m" . 'Vd' \;{~).' I..~. '! 1'---'" . j ;r.. .::~ I . ,....,. i{;)1 tilj ! 1"": l .'" ~ll --..-.... ._~ l,; i '"{') -\".,. ,y /"7~> (1 / ,.' ;':\ . \~~~;~Ljl;~ u',~;t;>:,~~~;}5 ~ ,(Jft-;"J\":t:t'~ ~\' -- '''''rt2~ 0'''''('''' ," ' c- ~ ~ h ;.f::)J. ~i.f~! ,( r~ -11'-i1( .. :3~~ I ,,"'. '~{~ I ~ I -_.' Ir'''."f-; I i}; ~~ Illr~, , G". I II [' l m I I . ~~ I ___.~.__~ I .. (/ I-'/'> r{i : .;; ~_. ~~~;: I __~::.. ...~, '~/ J "..' --. ~~\ , ~~ ':' ~~ ,~t~l" I.<~ ~'I{~~l , .. t:: .,~......I{, 'C::f-~ \~ (J, -- f.\t.~"I~ 'I': (~ .;f ~ ;'?~~)\.t f.. ,.,~ 9; .n;:;;'~""'l"",. -f" cc :1' }~"!o!J~";"1 ..,~..., I. . ~.:: ~'4 ~~~~'..i.~'~~ nl,& ff" .... -:-:';"-'i~~ 'I ~ ! ~~. I"~I~'-:: rj. , ,,'t.t ~~.~.t'\~ d7r./ .~~ III . Ii ~ ! '~.J i If" rr; { i,; :\ l ..- --.. --....~ ~__,_..l ,to *ltHIt,:tr<.'t'!'*H ~~\ \~'\~\ ::rJI ',i" .' ''':,.1 .':c. ),/ \; U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Plttsburah. PA 15219 One pieCe of ordinary mail addressed to: Board of Commissioners Upper Allen Township Office 100 Gettysburg Pike Mechanicsburg, PA 17055 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING ~~~~\'~:U=~~~~~NATIONAL MAIL. DOES NOT Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Plttsburah. PA 15219 One piece of ordinary mail addressed to; Commonwealth of PA-DPW P.O. Box 8016 Harrisburg, PA 17105 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P .C. 916 Fifth Avenue. Plttsburah. PA 15219 One pieCe of ordinlllY mati addressed to: Clerk of Courts CriminaUCivil Division One Courthouse Square Carlisle, PA 17013 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAl. MAil. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P .C. 916 Fifth Avenue, Pittsburah. PA 15219 One pieCe of ordIn8ry maileddreated to: Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PS Form 3817, January 2001 /.. . 737/-,. to ./, ?' '~~ I IT! ~: ~\ ~: ~.~ :,,~ '~~fJi:":)'~' ex ):,c._.~~<-:;';,~? <'\!;,?\\ ,,-.j ...." , C. ( "." "'. r "t?..:o ' . ~ ~f;.~~;';Y~ '\ ':;' I. ~(l& ,.,:.' . -.:- "~.,, ..... .' ',' i("~J! ~fr i ~_:_L.;.:" ,~.< I ~I (i ff" .:~. 4 !--''' _ ~J;~ ; TJ \ '" i'liJ. ! ~;. ~ .. 'f; I z;; ~ ..' .:. : ! i II · -l j '., I:t.::, c.... ;ll, : J"..! i ~ ~ t 'I, c.:~_. .~:.~.__' .i! i/....;';;> Hi ,.. ....<\ ,"D ,';; ,.-,.\ 1--';':0 OJ, ~:~/ \;._-_\..::~,? C,,; ~;*~ >('. ' ,ti..-: ", ",., '.,. "'.W.,~.. (;h, j}"l':i"'~",./'..~hlf Gf" ';1 . ~~t,~, ~''''' 4, Cn~l~;c~'.\-'...~~'~ ~ .J :. (0rnt;!'-...O'....:: : ' r'] co "'!Z:;~':;t;~:;'~\~I, t:.;?~ [C-'...-".:~~t'^.,5'~ . \ ~I "11" :"'" ~ .~'" '") 1", . .r .,., i c... 1'0' "-.- 6j . _ ii'~ ,iL ;;: Ill' (j l 1\ t~~_:_,_ ~_~ _ ;'~.~' ~::./~, ri. . I \1 :~~ ';~,' c,.") ~ l..: i n,} ~. :,/'~ ~"-...... t.; ~<.." -\----1,'-;. ~~(' ,',~\.'; ':; :,~'~ '-" ... ~ " ~." "~ f... (~~l'.tt~il:\.',: '-f, 3~, -:, ;:-~v:', <";1.. :. ,;1,,~ : . :,,( ;: i"~. ~\. !:1';'~ -.,,__ _ ~. '.A'~...... ... .. ')1i 1 r-: : ( ! I i1J I . 'f'<, J.)> i:; c'.:;. ,~O' ~., _~~r C-s'll j o! ~1~:' I Q') 1 "~.) P .t.1 !~: ,_, .U 1 Q i ~p 1m; IT' l I ,.,'-" / I ('N, t . \~:-,> '."'~'-......... " , .) <:~... ",r-" / ":~;;\/r / i"[7 ';> :~~~i \ \ "'.. t~ ~/: I . IJ,~ .....-'-r : . \ ().: 'tl~t.\Y' ,I- . " , J...-'>.. 0... ,.>...,.,~\t...t ~ .: :.-~r ',~~ .~"'l'\""~ .J;. ~~ J~ ;-J~ :::; t;,..,:~ ~ \ ::, l'~rT"i~: ,11t<. > cu ..l~IC1": ,~.:' i~ ' ..";,J \'" '~" ~~ f~'-- .-"j" .!= I Ii.' i~' I~ I c:) f'~ '. ~I '..w l!p /-;' lId ~;i c::;' Iii! ~"i: tn; '-.- "--'-. -.; ''(.; "......*...'I...*,,*...~ ';'1\ ''-, 0 t-..:t 0 e.:> r,; c::::> -n .c- ~""'" z :r:n l)fl! [T'cr-, 0 ~~ ~ ;Z;;~ -< u; 1.. t -<:,_:'" /--1' , :-It :<<: '-- -0 ::t=H :J:;n :x o *'" ...:..c- z( Pc: Cf? om -,. -.... ~ 0 ?Xi -< -<;. l (/L./-3'f- - ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby c rtify that the Sheriffs Deed in which Secretarv of Veterans Affairs is the grantee the same having be sold to said grantee on the 8th day of December A.D., 2004, under and by virtue of a writ Executio issued on the 26th day of August, A.D., 2004, out of the Court of Common Pleas of said County as of ivil Term, 2004 Number 3475, at the suit of National City Mtg Co against Jose h C Stanton Jr & Carm n G is duly recorded in Sheriffs Deed Book No. 266, Page 4l88. IN TESTIMONY WHEREOF, I have hereunto s t my hand ."f and seal of said office this day of , A.D2004 of Deeds National City Mortgage Co. dlbla Accubanc Mortgage VS Joseph C. Stanton, Jr. and Carmen G. Stanton In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-3475 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, sates that on September 07, 2004 at 1 I :39 o'clock AM, he served a true copy of the withi Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled acti , upon the within named defendants, to wit: Joseph C. Stanton, Jr. and Carmen G. Sta ton, by making known unto Carmen Stanton, personally adult in charge for Joseph Stant n, Jr., at 2413 Rolling Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct cop of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, state that on October 25, 2004 at 4:02 o'clock P.M., she posted a true copy of the within al Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Joseph C. Stanton, Jr. and Carmen G. Stanton located at 2413 Rolling Hi s Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within nam defendants, to wit: Joseph C. Stanton, Jr. and Carmen G. Stanton, by regular mail to eir last known address of 24 J3 Rolling Hills Drive, Mechanicsburg, P A 17055. Thesele ers were mailed under the date of October 07, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 08, 2004 at 1 0:00 o'clock A.M. He sold the same or the sum of $1.00 to Attorney Louis P. Vitti for Secretary of Veterans Affairs. lt being he highest bid and best price received for the same, Secretary of Veterans Affairs of l24 E. Ninth Street, Cleveland, OH 44199, being the buyer in this execution, paid to Sheriff Thomas Kline the sum of $838.4l, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library $30.00 l6.44 15.00 15.00 30.00 10.00 .50 Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 1.00 16.28 15.00 30.00 293.30 270.97 30.42 25.00 39.50 838.41 Sworn and subscribed to before me This 3.uC daYOC)t.<w h7 200( A.~ 9'cl~~02/~n;p,. , So Answers: r~#~ R. Thomas Kline, Sheriff ~ ,) r BY"-.Jc (\).;) ~,'V\J.L, Real Estatej:leputy C-U 30 :U l. ~ ~ (J:<.. 'i" 21 II e..... WI D,1- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VA IA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, Plaintiff, vs NO: 04-3475 Civil JOSEPH C. STANTON, JR., and CARMEN G. STANTON, husband and wife, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Name: Address (Please indicate if this cannot be reasonably ascertained) National City Mortgage Co., et aI, Plaintiff in the above action, sets forth as of the date the Prae ipe for the Writ of Execution was filed the following information concerning the real property located t 2413 Rolling Hills Drive, Mechanicsburg, PA 17055. 1. Name and address ofOwner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Joseph C. Stanton Carmen G. Stanton 2413 Roiling Hills Drive Mechanicsburg, P A 17055 2. Name and address ofDefendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. I above. 3. Name and last known address of every judgment creditor whose judgment is a record en on the real property to be sold: At Your Service Home Builders, LLC P.O. Box 232 Lewisberry, PA 17339 Bank One 5200 Pleasant Avenue Fairfield,OH 45014-2620 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) BWI Development Corp. Att: David R. Schad 135 N. George Street York, PA 17401 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 r n 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 w 0 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 Allen Township Upper Allen Township Office 100 Gettysburg Pike Mechanicsburg, PA 17055 Board of Commissioners Upper Allen Township Office 100 Gettysburg Pike Mechanicsburg, P A ] 7055 Commonwealth ofPA -DPW P.O. Box 80]6 Harrisburg,PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, P A ] 70 13 Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, P A 17013 Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough Tenant/Occupant 2413 Rolling Hills Drive Mechanicsburg, P A 17055 I verifY that the statements made in this affidavit are true and correct to the best of my p rsonal knowledge or information and belief. I understand that false statements herein are made subje to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. August 24. 2004 Date SWORN TO and subscribed before me this 24th day of August, 2004. ~~-:~:!!- YJt:/Jd ShalY L. H,:Jj,(;;, J'~o')I2ry Public PltjaS"nl H:,b n':'I"(~'; _AIiG~lheny County [I/Iil Cornil)i~)sn, b:pIlElS Januaty 28, 2007 Mem~f. Penns)llvr:;nb/':;~0Cia~on Of Notaries , NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Joseph C. Stanton, Jr. Carmen G. Stanton 2413 Rolling Hills Drive Mechanicsburg, P A 17055 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue ofthe 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, re will be exposed to Public Sale in Cumberland County Courthouse on December 8, 2004 at 10:00 A ., the following described real estate, of which Joseph C. Stanton, Jr., et al are owners or reputed 0 ers: Claims against property must be filed at the Office of the Sheriff before above sale dat Twp of Upper Allen, Cty of Cumberland & Cmwlth ofPA. PBV 68, pg 15. HET a dwg k/a 2413 Hills Drive, Mechanicsburg, P A 17055. Parce No. 42-29-2454-265. The said Writ of Execution has issued on a judgment in the mortgage foreclosure a tion of National City Mortgage Co., et al vs. Joseph C. Stanton, Jr., et al at 04-3475-Civil in the a ount of $187,963.81. 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 ( 0) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Offi e of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the ffice of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is aj dgment against you. It may cause your property to be held or taken to pay the judgment. You may h ve 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 YOU SHOULD TAKE THIS NOnCE AND THE WRIT OF EXECUTION TO DR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ON , GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In 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 0 curs, 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 object on 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 ith 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 hether 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 twe ty (20) days after service or in certain other events. To exercise this right, you would have to file ape ition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the heriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other egal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you sho d file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the prope . The Sheriff will deliver the Deed ifno petition to set aside the sale is filed within ten (10) days fro the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 152]9 (4]2) 28]-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V A A CIVIL DIVISION NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, Plaintiff, vs NO: 04-3475 Civil JOSEPH C. STANTON, JR., and CARMEN G. STANTON, husband and wife, Defendants. LEGAL DESCRIPTION ALL that certain piece, parcel, and lot of land situate on the East side of Rolling Hills Dri e in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania in Plan Book 8, Page 15, being more fully bounded and described as follows, to wit: BEGINNlNG at a point on the Eastern dedicated right-of-way line of Rolling Hills Drive at the dividing line of Lot #83, herein described; thence by said dividing line, South 84 degrees 40 minutes 3 seconds East, a distance of 155.90 feet to a point at Parcel "B"; thence by said Parcel "B", South 12 d grees 40 minutes 23 seconds West, a distance of 84.41 feet to a point at the dividing line, North 80 d ees 35 minutes 03 seconds West, a distance of 148.09 feet to point on the Eastern dedicated right-of-w y line of Rolling Hills Drive; thence by said right-of-way line by a curve to the left having a radius of 025 feet and an arc distance of73.21 feet; the chord of said curve being, North 07 degrees 22 minutes 1 seconds East, a distance of73.20 feet to a point; the place of beginning. CONTAINlNG 11,910 Square Feet More or Less. UNDER and subject to a 25 feet slope/vegetation easement along the Eastern lot line and all ease ent and restrictions of record. Parcel No. 42-29-2454-265. BEING the same premises which Bowman's Hill Association, a Partnership General Partnership by Deed dated 06/08/2000 and recorded 06/12/2000 in the Recorder's Office of Cumberland County, Pe ylvania, Deed Book Volume 223, page 169, granted and conveyed unto Joseph C. Stanton, Jr. and C rmen G. Stanton. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-3475 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., D/B/A ACCUBANC MORTGAGE, Plaintiff(s) From JOSEPH C. STANTON, JR., AND CARMEN G. STANTON (I) 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 gamishee(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 defendan (s) or otherwise disposing thereof; (3) Ifproperty 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 $187,963.81 Interest $3,429.10 Atty's Cornm % Ally Paid $134.14 Plaintiff Paid Date: AUGUST 26, 2004 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 3810 Real Estate Sale #41 On September 01, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, P A Known and numbered as 2413 Rolling Hills Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01, 2004 By: J 0 cLt 51mt h Real Estatt Deputy ~ ~~ ~ ~ ~ , ('" _! ., .\ '~, ,-) r l j~' .J u - "'.',' " 3:;" ,(10 ,,;lIL ,.J:') REAL ESTATE SALE No. 41 Writ No. 2004-3475 Civil Term National City Mortgage Co., dIbIa Accubanc Mortgage vs Joseph C. Stanton, Jr. and Carmen G. Stanton Atty: Louis P. Vitti DESCRIPTION ,A1,i.11WcCrtain pi~, parce~ and lot of land sifu8reOD IheEast side of Rolling Hills Drive in lire To\Vn$hipof Upper Allen, CotDlty of .Cumberland, C6mmonwealth of Pennsylvania in Plan Book 68, Page 15, being more fully botDlded and described as follows, to wit: BEGINNING at a point on the Eastern dedicated right-of-way line of Rolling Hills Drive at the dividing line of Lot #83, herein described; thence . by said dividing line, South 84 degrees 40 minutes 36 seconds Eas~ a distance of 155.90 feet to a point at Pa1ce1 "B"thence by said Parcel "B", Soulh 12 degrees 40 minutes 23 seconds West, a distance of 84.41 feet to a point atlhe dividing line, North 80 degrees 35 minUleS 03 seconds Wes~ a distance of 148.09 feet to point on the Eastern dedicated right-of-way line of Rolling Hills Drive; thence by said right-of-way line by a CUIVe to the left having a radius of 1025 feet and an arc distance of 73.21 feet; the chord of said CUIVe being, North 07 degrees 22 minUleS II seconds E3s~ a distance of 73.20 feet to a point: the place ofB:>GlNNJNG. CONTAlNlNG 11,910 Square Feet More of Less. UNDER and subject to a 25 feet slope! vegetation easement along the Eastern lot line and all easement and restrictioos of record. Pa1ce1 #42-29-2454-265. BEING the same premises which Bowman's Hill . Association, a Partnership General Partnetship, by Deed dated 0610812000 and recorded 0611212000 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 223, page 169, granted and conveyed unto Joseph C. Stanton, Jr. and Carmen G. Stanton. . ,f REAL ESTATE SALE NO. 41 Writ No. 2004-3475 Civil National City Mortgage Co.. d/b/a Accubanc Mortgage vs. Joseph C. Stanton. Jr. and Carmen G. Stanton Atty.: Louis P. Vitti LEGAL DESCRIPTION ALL that certain piece, parcel. and lot of land situate on the East side of Rolling Hills Drive in the Town- ship of Upper Allen, County of Cum- berland, Commonwealth ofpennsyl- vania in Plan Book 68, Page 15, be- ing more fully bounded and de- scribed as follows, to wit: BEGINNING at a point on the Eastern dedicated right-of-way line of Rolling Hills Drive at the dividing line of Lot #83, herein described: thence by said dividing line, South 84 degrees 40 minutes 36 seconds East. a distance of 155.90 feet to a point at Parcel "B": thence by said Parcel "B", South 12 degrees 40 min- utes 23 seconds West. a distance of 84.41 feet to a point at the divid- ing line. North 80 degrees 35 min- utes 03 seconds West, a distance of 148.09 feet to point on the East- ern dedicated right-of-way line of Rolling Hills Drive: thence by said right-of-way line by a curve to the left having a radius of 1025 feet and an arc distance of 73.21 feet: the chord of said curve being, North 07 degrees 22 minutes 11 seconds East, a distance of 73.20 feet to a point: the place of beginning. CONTAINING 11,910 Square Feet More or Less. UNDER and subject to a 25 feet slope/vegetation easement along the Eastern lot line and all easement and restrictions of record. Parcel No. 42-29-2454-265. BEING the same premises which Bowman's Hill Association, a Part- nership General Partnership, by Deed dated 06/08/2000 and recorded 06/12/2000 in the Recorder's Of- fice of Cumberland County, Penn- sylvania, Deed Book Volume 223. page 169. granted and conveyed unto Joseph C. Stanton. Jr. and Carmen G. Stanton. .