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HomeMy WebLinkAbout11-0774?Wm a E?fi?G fNOROTA+? 24 PIS 1: m ?Et-??ESYLVA? ? TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Bank, National Association, Plaintiff, CIVIL DIVISION NO. O DJ J -?-71 ?-IA04eY A& COMPLAINT IN MORTGAGE FORECLOSURE VS. Susan M. Bertolotti, Defendant. MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: TO DEFENDANT(S): YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT IN MORTGAGE FORECLOSURE WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. By: /s/ oCoie V. V6 Attorney for Plaintiff Lois M. Vitti, Esquire PA I.D. #209865 Vitti and Vitti and Associates, P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 aop ?a a ajm} a Vra Vitti and Vitt! and Associates, P.C. BY: Louis P. Vitti, Esquire 1. D. #01072 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 Attorney for Plaintiff PNC Bank, National Association, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION -LAW Vs. Susan M. Bertolotti, No. Defendant. COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BYTHE 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 Vitt! 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 Bank, National Association, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION -LAW VS. Susan M. Bertolotti, : No. Defendant. 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 Real Estate Services LLC, which was successor by merger to National City Mortgage Inc, which was formerly known as National City Mortgage Co. 2. The Defendant(s) is/are individuals with a last known mailing address of 27 Lilac Drive, Mechanicsburg, PA 17050. The property address is 27 Lilac Drive, Mechanicsburg, PA 17050 and is the subject of this action. 3. On the 15th day of July, 2004, in consideration of a loan of One Hundred Thirty Six Thousand Nine Hundred Twenty Three and 00/100 ($136,923.00) Dollars made by National City Mortgage Co. to Defendant, the said Defendant executed and delivered to National City Mortgage Co. a "Note" secured by a Mortgage with the Defendant as mortgagor and National City Mortgage Co., as mortgagee, which mortgage was recorded on the 19th day of July, 2004, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1873 Page 4725. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. The Plaintiff is the holder of the mortgage and is seeking enforcement of the mortgage through foreclosure. 4. The premises secured by the mortgage are: SEE EXHIBIT 'A "ATTACHED HERETO. 5. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since July 1, 2010, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 7. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagee's intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 8. The amount due on said mortgage is itemized on the attached schedule. 9. Pursuant to Pennsylvania Rule of Civil Procedure 1144, the Plaintiff releases from liability for the debt secured by the mortgage any mortgagor, personal representative, heir or devisee of the mortgagor who is not a real owner of the property at the time of the filing of this Complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of One Hundred Thirty Nine Thousand One Hundred Ninety Six and 48/100 ($139,196.48) with interest and costs. Respectfully submitted, VITTI D D ASSOCIATES, P.C. BY: Lois . V' i, Esquire Attorney for Plaintiff SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 123,308.01 Interest @ 6.0000% from 06/01/10 through 1/31/2011 4,945.83 (Plus $20.2698 per day after 1/31/2011 ) Late charges through 1/20/2011 0 months @ 42.86 Accumulated beforehand 42.86 (Plus $42.86 on the 17th day of each month after 1/20/2011 ) Attorney's fee 6,165.40 Escrow deficit 4,734.38 (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 139,196.48 EXHIBIT "A" LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township, of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the easterly side of Lilac Drive at the dividing line between Lot Nos. 80 and 81 on the hereinafter mentioned Plan of Lots; thence along the dividing line between LotNos. 80 and 81, South 59 degrees 12 minutes 11 seconds East, the distance of 144.26 feet to a point on the northern line of Lot No. 85; thence along the northern line of Lot No. 85, South 55 degrees 03 minutes 26 seconds West; the distance of 32.34 feet to a point; thence along the westerly line of lot Nos. 84 and83, South 79 degrees 20 minutes 46 seconds West, the distance of 133.50 feet to a point: thence along the northern line of Lot No. 112, North 59 degrees 12 minutes 11 seconds West, the distance of 30.91 feet to a point in the easterly side of Lilac drive; thence along the said side of Lilac Drive, North 30 degrees 47 minutes 49 seconds east, the distance of 117,86 feet to a point, the place of Beginning. BEING Lot No. 81 on the Plan of Mulberry Crossing as recorded in plan Book 40, Page 142. BEING the same premises which Delia P. Davis and Michael H. Davis, by deed dated December 31, 1998, recorded in the Office of the recorder of deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Donald K. Underdonk III, and Lisa R. Underdonk, herein. ertify this to be record,-d 1-umberland County PA •-.?- lkn Recorder of Deeds ALTA Conxnlbnent Schedule C (04346104346/15) BK 1873PG4734 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. I?t Lois Dated: January 21, 2011 _r 10 P14 12 t BE R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION NO. 2011-774 Civil Term Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- vs. MILITARY SERVICE SUSAN M. BETOLOTTI, Defendant. 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 V1 f//' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, Plaintiff, : NO: 2011-774 Civil Term vs SUSAN BERTOLOTTI, Defendant. PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $139,905.92, in favor of the PNC Bank, National Association, Plaintiff in the above-captioned action, against the Defendants, Susan M. Bertolotti and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $123,308.01 Interest from 06/01/10-03/07/11 5,655.27 (Plus $22.9982 per day after 03/07/11) Late charges (Plus $42.86 per month from 01/20/11-09/07/11$300.02) 42.86 Attorney's fee 6,165.40 Escrow Deficit 4,734.38 (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 $139,905.92 The real estate, which is the subject matter of the Complaint, is situate in Twp of Silver Spring, Cty of Cumberland &Cmwlth of PA. HET a dwg k/a 27 Lilac Drive, Mechanicsburg, PA 17050. Parcel No. 38-22-0146-024. t 1?? (0 & - ouis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, Plaintiff, : NO: 2011-774 Civil Term vs SUSAN BERTOLOTTI, Defendant. CERTIFICATION OF MAILIN G I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on February 17, 2011, giving ten (10) day notice that judgment would be entered should no action be taken. VITTI & VITTI & ASSOCIATES, P.C. BY: 000//J r Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 7th day of March, 2011. Notary Publ? UK CITY O 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DIVISION PNC BANK, NATIONAL ASSOCIATION, ) no. 2011-774 civil term Plaintiff, ) vs. ) SUSAN M. BERTOLOTTI, ) Defendant. ) EWPORTANT NOTICE TO: Susan M. Bertolotti 27 Lilac Drive Mechanicsburg, PA 17050 Date of Notice: February 17, 2011 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 VWITHIN 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 IlvIPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOICATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1.800.990.9108 OR 717.249.3166 & VI S TES, PC BY. Louis P. Vim, 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%ML 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. Louis P. Vitti, Esquire SWORN to and subscribed before me this 7th day of March, 2011. Notary Publi? Nd[A.RIAL SEAL HOUSE 14 SHERRY LP 1) Notary CITY OV CIT Y Comm s6 on Expires MHay 15,O201T1 M WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-774 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION Plaintiff (s) From SUSAN M. BERTOLOTTI (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 $ 13C1? q &T. (i x L.L.$.50 Interest 03/08/11-09/07-11 --- $4,208.68 Atty's Comm % Due Prothy $2.00 Atty Paid $169.50 Other Costs Plaintiff Paid Date: 03/10/2011 1 David D. uell, Protho t (Seal) Deputy REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: 215 FOURTH AVENUE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 10 P M 12: r) r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION NO. 2011-774- Civil Term Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. SUSAN M. BERTOLOTTI, Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Defendant. Counsel of record for this party. Louis P. Vitti, Esquire Supreme Court #01072 Vitti & Vitti & Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 4 37 6,0 (412) 281-1725 s? ,7 y? ?SU ???.LL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, vs SUSAN BERTOLOTTI, Plaintiff, Defendant. NO: 2011-774 Civil Term 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 $139,905.92 Interest 03/08/11-09/07/11 4,208.68 Total 144,114.60 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate m: Twp of Silver Spring, Cty of Cumberland &Cmwlth of PA. HET a dwg k/a 27 Lilac Drive, Mechanicsburg, PA 17050. Parcel No. 38-22-0146-024. U + ouis P. Vi. Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, Plaintiff, : NO: 2011-774 Civil Term vs SUSAN BERTOLOTTI, Defendant. 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 27 Lilac Drive, Mechanicsburg, PA 17050. Louis P. Vitti, Esquire SWORN TO and subscribed before me this 7th day of March, 2011. R Notary Pu is L HOUSE y Public 7PITTSBURGH. IAL SEAL CITY ALLEGHENY COUNTY My Commission Expires May 15. 2011 IN THE COUn OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - -- PRA CIPE FOR WRIT OF ECF=ION aption : PNC Bank, National Association, VS. Susan M. Bertolotti, TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment _o _;. r (XX) Other a>`, ... -,Qm File No. 2011-774 Civil Tervgtr -o =- Arrnun t Due $ 139,905.92 Interest $ 4,208.68 A t ty' s Cotrm . Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate ori.ginal proceeding filed pursuant to Act 7 of 1966 as anes-ided; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) PLEASE SEE ATTACHED LEGAL DESCRIPTION PRAECIPE FOR ATTAC HqE TT FXE=ON Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee (s) . (Indicate) Index this writ against the carnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. ? DATE: 3-7-11 Signature: %001F - P=int Name: Louis P. Vitti `address: 215 Fourth Avenue Pittsburgh. PA 15222 Azz=,ev tor: Plaintiff, PNC Bank Ntional Association IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, vs SUSAN BERTOLOTTI, LEGAL DESCRIPTION Plaintiff, NO: 2011-774 Civil Term Defendant. ALL that certain tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Easterly side of Lilac Drive at the dividing line between Lot Nos. 80 and 81 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lot Nos. 80 and 81, South 59 degrees 12 minutes 11 seconds East, the distance of 144.26 feet to a point on the Northern line of Lot No. 85; thence along the Northern line of Lot No. 85, South 55 degrees 03 minutes 26 seconds West; the distance of 32.34 feet to a point; thence along the Westerly line of Lot Nos. 84 and 83, South 79 degrees 20 minutes 46 seconds West, the distance of 133.50 feet to a point; thence along the Northern line of Lot No. 82, North 59 degrees 12 minutes 11 seconds West, the distance of 30.91 feet to a point in the Easterly side of Lilac Drive; thence along the said side of Lilac Drive, North 30 degrees 47 minutes 49 seconds East, the distance of 117.86 feet to a point, the place of beginning. BEING Lot No. 81 on the Plan of Mulberry Crossing as recorded in Plan Book 40, page 142. HAVING erected thereon a dwelling known as 27 Lilac Drive, Mechanicsburg, PA 17050. PARCEL NO. 38-22-0146-024. BEING the same premises which Donald K. Underdonk, III and Lisa R. Underdonk, his wife, by Deed dated 07/15/2004 and recorded 07/19/2004 in the Recorder's Office if Cumberland County, Pennsylvania, Deed Book Volume 264, Page 1035, Instrument No. 2004-028784, granted and conveyed unto Susan M. Bertolotti, adult individual. } t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, Plaintiff, NO: 2011-774 Te vs SUSAN BERTOLOTTI, C:) Defendant. = z° => AFFIDAVIT PURSUANT TO RULE 31291 m , PNC Bank, National Association, 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 27 Lilac Drive, Mechanicsburg, PA 17050. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Susan M. Bertolotti 27 Lilac Drive Mechanicsburg, PA 17050 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) Asset Acceptance, LLC 28405 Van Dyke Avenue Warren, MI 48093 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 Silver Springs Township Silver Springs Township Pennsylvania Department of Revenue Office of Chief Counsel 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 269 Woods Drive Mechanicsburg, PA 17055 6475 Carlisle Pike Mechanicsburg, PA 17055 Inheritance Tax Dept. 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 27 Lilac Drive Mechanicsburg, PA 17050 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. March 7. 2011 Date SWORN TO and subscribed before me this 7th day of March, 2011. 'A VALA, '?" 4 1 ??? 1Votary Publi U' ouis P. Vitti, squire Attorney for Plaintiff NOTARIAL SEAL SHERRY L1 bUSE NOWIV CIN OF pITTSBURGH, ALLE MaN Y 5O? TM MY Commission Xpires NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL.1+ =`-, PROCEDURE 3129.1 = ''s== TO: Susan M. Bertolotti 27 Lilac Drive Mechanicsburg, PA 17050 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 September 7, 2011 at 10:00 A.M., the following described real estate, of which Susan M. Bertolotti are owners or reputed owners: Twp of Silver Spring, Cty of Cumberland &Cmwlth of PA. HET a dwg k/a 27 Lilac Drive, Mechanicsburg, PA 17050. Parcel No. 38-22-0146-024. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of PNC Bank, National Association vs. Susan M. Bertolotti at 2011-774 Civil Term in the amount of $139,905.92. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff s Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sh Z'. ouis P. Vitti, Esquire Attorney for Plaintiff 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED 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 PNC BANK, NATIONAL ASSOCIATION, Plaintiff, : NO: 2011-774 Civil Term vs SUSAN BERTOLOTTI, Defendant. LEGAL DESCRIPTION ALL that certain tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Easterly side of Lilac Drive at the dividing line between Lot Nos. 80 and 81 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lot Nos. 80 and 81, South 59 degrees 12 minutes 11 seconds East, the distance of 144.26 feet to a point on the Northern line of Lot No. 85; thence along the Northern line of Lot No. 85, South 55 degrees 03 minutes 26 seconds West; the distance of 32.34 feet to a point; thence along the Westerly line of Lot Nos. 84 and 83, South 79 degrees 20 minutes 46 seconds West, the distance of 133.50 feet to a point; thence along the Northern line of Lot No. 82, North 59 degrees 12 minutes 11 seconds West, the distance of 30.91 feet to a point in the Easterly side of Lilac Drive; thence along the said side of Lilac Drive, North 30 degrees 47 minutes 49 seconds East, the distance of 117.86 feet to a point, the place of beginning. BEING Lot No. 81 on the Plan of Mulberry Crossing as recorded in Plan Book 40, page 142. HAVING erected thereon a dwelling known as 27 Lilac Drive, Mechanicsburg, PA 17050. PARCEL NO. 38-22-0146-024. BEING the same premises which Donald K. Underdonk, III and Lisa R. Underdonk, his wife, by Deed dated 07/15/2004 and recorded 07/19/2004 in the Recorder's Office if Cumberland County, Pennsylvania, Deed Book Volume 264, Page 1035, Instrument No. 2004-028784, granted and conveyed unto Susan M. Bertolotti, adult individual. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff f'P THE PROTHONOTARY Jody S Smith 1? 2u! I AUG 23 AM 9.- 14 Chief Deputy Richard W Stewart CUMBERLAND COUNTN( SolicitorFF' E"`' PENNSYLVANIA PNC Bank National Association vs. Susan M. Bertolotti SHERIFF'S RETURN OF SERVICE Case Number 2011-774 06/20/2011 03:20 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 27 Lilac Drive, Mechanicsburg, PA 17050, Cumberland County. 06/21/2011 06:52 PM - Deputy Michelle Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Susan M. Bertolotti at 27 Lilac Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 07/07/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $120.30 SO ANSWERS, ,,? Z August 22, 2011 RON R ANDERSON, SHERIFF (c; CountySwte She,M Te ecs))'( Inc. 4114 3i?6 NO' t 3 7?