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HomeMy WebLinkAbout11-5577FILED-OFFICE, CF THE PRO"C}?C?O A 2m l JOL 1 I PN I ?, CUMBER LNS ND Tu, PE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Bank, National Association, CIVIL DIVISION NO. /C_-577c `.I Plaintiff, VS. Stacie A. Rowland and Barry W. Rowland, Defendants. TO DEFENDANT(S): YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT IN MORTGAGE FORECLOSURE WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. By: /S/ /% c psr iani Attorney for Plaintiff COMPLAINT IN MORTGAGE FORECLOSURE MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Rodney Permigiani, Esquire PA I.D. #33311 Vitti & Vitti & Associates, P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 dal 37 6 ?? ??Il?7b PNC Bank, National Association, Plaintiff, VS. Stacie A. Rowland and Barry W. Rowland, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE NOW, comes the Plaintiff by its attorneys, Vitti & Vitti & Associates, P.C. and Rodney Permigiani, 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 the holder of the mortgage and is seeking enforcement of the mortgage through foreclosure. 2. The Defendant(s) is/are individuals with a last known mailing address of 21 Wyrick Avenue, Shippensburg, PA 17257. The property address is 21 Wyrick Avenue, Shippensburg, PA 17257 and is the subject of this action. 3. On the 21st day of April, 2008, in consideration of a loan of One Hundred Forty Seven Thousand Three Hundred Thirty Five and 00/100 ($147,335.00) 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 23rd day of April, 2008, in the Office of the Recorder of Deeds of Cumberland County, at Instrument No. 200812947. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. The Plaintiff is successor by merger to National City Mortgage, a division of National City Bank. 4. The premises secured by the mortgage are: SEE EXHIBIT 'A "A TTACHED 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 December 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 Sixty One Thousand Fourteen and 83/100 ($161,014.83) with interest and costs. Respectfully subm P. C. BY: 'F,oaney Per iag, tsqui re Attorney f r Pla SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 5.7500% from 11/01/10 through 7/31/2011 (Plus $22.4305 per day after 7/31/2011 ) Late charges through 7/5/2011 0 months @ 42.03 Accumulated beforehand (Plus $42.03 on the 17th day of each month after 7/5/2011 ) Attorney's fee Escrow deficit (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) 142,384.66 6,101.09 42.03 7,119.23 5,367.82 BALANCE DUE 161,014.83 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Shippensburg Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly described as follows: ALL that certain tract of land known as Lot No. 6 on plan of lots known as John A. Wyrick's Development, said plan being recorded in Plan Book 4, Page 50, said lot being bounded on the West by Wyrick Avenue, formerly Shippen Street; on the South by Lot No. 5; on the East by land now or formerly of H.H. Hoy; and on the North by Lot No. 7; having a frontage on Wyrick Avenue, formerly Shippen Street 75 feet and an even depth of 200 feet from the center of Wyrick Avenue, formerly Shippen Street. BEING the same premises which Glen H. Reed, Jr. and Brenda L. Reed, husband and wife, by Deed dated August 30, 2006, and recorded September 5, 2006, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 276, Page 2419, granted and conveyed unto Paul Pokrowka, Grantor herein. VERIFICATION AND NOW Rodney Permigiani verifies that the statements made in this Complaint are true and correct to the best of his 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 based upon the information provided him by the Plaintiff. Dated: July 5, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff lx' FILED-OFFICE ??w??t of ?airabrr? ?.r Jody S Smith ` OF THE PROTHC C TA{t Chief Deputy 201 ! JUL 25 AM 9:07 Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA PNC Bank National Association Case Number vs. 2011-5577 Stacie A. Rowland (et al.) SHERIFF'S RETURN OF SERVICE 07/15/2011 09:40 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2011 at 0940 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stacie A. Rowland, by making known unto herself personally, at 21 Wyrick Avenue, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. Duo VdLcg??L AMA DA COBAUGH, DEPUTY 07/15/2011 09:40 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2011 at 0940 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Barry W. Rowland, by making known unto Stacie Rowland, Wife of Defendant at 21 Wyrick Avenue, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. awd a pgta Lq?z AMANDA COBAUGH, DEPUTY SHERIFF COST: $64.00 July 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO: Plaintiff, ) VS. ) STACIE A. ROWLAND AND BARRY W. ROWLAND, ) Defendants. ) PRAFCIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY 11-5577 civil <r r.? c? 'te' - a ? .Y; cn r- s r Cn u `mac. --a c?- a Sri 0 Cr, W Enter judgment in Default of an Answer in the amount of $161,755.03, in favor of the PNC Bank, National Association, Plaintiff in the above-captioned action, against the Defendants, Stacie A. Rowland and Barry W. Rowland and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $142,384.66 Interest from 11/01/2010-09/02/2011 6,841.29 (Plus $26.5899 per day after 09/02/2011) Late charges (Plus $42.03 per month from 7/5/2011-03/07/2012 $294.21) 42.03 Attorney's fee 7,199.23 Escrow Deficit (Plus any additional charges that may be 5,367.82 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 161.755.03 The real estate, which is the subject matter of the Complaint, is situate in Shippensburg Township, County of Cumberland, Commonwealth of Pennsylvania. HET a dwg k/a 21 Wyrick Avenue, Shippensburg, PA 17257. Tax Parcel # 36-35-2388-0],Q, Louis P. Vitti, Esquire Attorney for the Plaintiff C 1H.00 aa*, Ck-? 910 120 19(09TI dU?h ma';? W8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO: 11-5577 civil Plaintiff, ) VS. ) STACIE A. ROWLAND AND BARRY W. ROWLAND, ) Defendants. ) CERTIFICATION OF MAILIN G I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on August 9, 2011, giving ten (10) day notice that judgment would be entered should no action be taken. VITTI & VITTI & ASSOCIATES, P.C. BY: KA _66r uis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 2nd day of September, 2011. } Notary Public ! Cry of 'F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO: 11-5577 civil Plaintiff, ) vs. ) STACIE A. ROWLAND AND BARRY W. ) ROWLAND Defendants. ) IMPORTANT NOTICE TO: Stacie A. Rowland Barry W. Rowland 21 Wyrick Avenue Shippensburg, PA 17257 Date of Notice: August 9, 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 WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717)-249-3166 ,4 µ VI T ZIAZESOCYE I P9 BY: Lo R Vitti, 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 S Members Civil Relief Act of 2004. -- - ----------- ---- ----------- ouis P;Vitti, Esquire SWORN to and subscribed before me this 2nd day 'vN UY. of September, 2011. ? k fc:?tr? C r of Notary Public li-L. U, OTHONOTAR`, ; 1,1 2 11 SEP - 6 PM I: 55 4 UMBERLAND COUNT`;' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO: 11-5577 civil Plaintiff, ) vs. ) STACIE A. ROWLAND AND BARRY W. ROWLAND, ) 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 $161,755.03 Interest 9/3/2011-03/07/2012 4,945.72 Total &166,700.75 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in the Shippensburg Township, County of Cumberland, Commonwealth of Pennsylvania. HET a dwg k/a 21 Wyrick Avenue, Shippensburg, PA 17257. Tax Parcel # 36-35-2388-030. CL V?X'? ?a y P? to y. ao Ot Ot> t LA, crc)„ k _Ct -so _F4 uis P. Vitt i, Esquire Attorney for Plaintiff c? . 5 b Cam. WK4 4 /ZLI J__1_:TS-k'CV ¦% ' IN"TIE COUPT OF COMMON P= OF CUMBERLMD COUNTY, PENNSYLVANLt: CIVIL DIVISION -- - - - - -- PRAr"CIPE FOR WRIT OF H:ECJTION ot ion X?o?.wno9. F?Ya?Oh; VS. ?+oc e A V,o?4aMd. and ?adcy Ud. ?u1?Q7?. Its TrE P RCTHONO'I'ARY Or 7HE SAID COURT : ( ) Confessed Judgment ( ?) cther Q6w\ Juc??me??? File No . Amount Due b il Interest '? A6 qAtty's Comm Costs The undersigned hereby certifies that the below does not ar .se out of a retail installment sale, contract, or account based on a confession of jud=ient, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as a ed; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of County, for rlpp t, t 'd the fo'w_ng described prope=rty of the Jere cte,? Q??? ?r c ? nv? defendant( s ) PRAID= FOR ATTACH-k T E- I' ON Issue writ of attacll-Trent to the Sheriff of County, for debt, ?nte_rest and costs, as above, directing attactirent against the above-nod garnishee(s) for the following property (if real estate, supply six copies of the description; supply four espies of lengthy personalty list) and all other =ope_ty of the defendant(s) in the possession, custody or control of the said ca_-r-nishee (s) . ( Indicate) Index t,'--Ls writ acairs t the garnish =eat estate of the defendant(s) described in the attached, n 1?? " f ? f DAT--- : ? 1 t' S i gna t uL'e - - ?= in t Name .2..^:d -e s s : o >,, =or : as a 2-is pendens against IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, Plaintiff, ) NO: 11-5577 civil vs. STACIE A. ROWLAND AND BARRY W. ROWLAND, Defendants. LEGAL DESCRIPTION All that certain lot or piece of ground situate in Shippensburg Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly described as follows: ALL that certain tract of land known as Lot No. 6 on plan of lots known as John A. Wyrick's Development, said plan being recorded in Plan Book 4, page 50 said lot being bounded on the West by Wyrick Avenue, formerly Shippen Street; on the South by Lot No. 5; on the East by land now or formerly of H.H. Hoy; and on the North by Lot No. 7; having a frontage on Wyrick Avenue, formerly Shippen Street 75 feet and even depth of 200 feet from the center of Wyrick Avenue, formerly Shippen Street. Having erected thereon a dwelling known as 21 Wyrick Ave, Shippemsburg, PA 17257. Tax Parcel # 36-35-2388-030. Being the same premises which Paul Pokrowka by his deed dated 4/21/08 and recorded 4/23/08 in the Recorder's office of Cumberland County, Pennsylvania in Instrument # 200812946 granted and conveyed unto Stacie A. Rowland and Barry W. Rowland. D"?' ivy g ItL t OTt-iONOTAFR 2Q{{ SEP -6 Pik 1? 55 47,UMBEBLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO: 11-5577 civil Plaintiff, ) vs. ) STACIE A. ROWLAND AND BARRY W. ROWLAND, ) 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 21 Wyrick Avenue, Shippensburg, PA 17257. SWORN to and subscribed before me this 2nd day 'v of September, 2011. otary Public DR T-H ZG I 1 SEP - 5 FM 1: , r: E Er?LAF?D COUNTY PENNSYLV IN THE COURT OF COMMON PLEAS OF CUMBERLAN COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO: 11-5577 civil Plaintiff, ) VS. ) STACIE A. ROWLAND AND BARRY W. ROWLAND, ) Defendants. ) AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, N.A., 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 21 Wyrick Avenue, Shippensburg, PA 17257. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Stacie A. Rowland 21 Wyrick Avenue Barry W. Rowland Shippensburg, PA 17257. 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None. 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None. 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Shippensburg Township Shippensburg Township Municipal Building Shippensburg Water Authority 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 2 Partiage Trail Shippensburg, PA 17257 PO Box 219 Shippensburg, PA 17257 201 Dykeman Road Shippensburg, PA 17257 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 PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant Dept. #281230 Harrisburg, PA 17128-1230 21 Wyrick Avenue Shippensburg, PA 17257. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. September 2, 2011 6" Date Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 2nd day of Sept ber, 2011. A No ary ublic -.„rs(°t d NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL ti `- PROCEDURE 3129.1 r.V c?a rti TO: Barry W. Rowland -o -; Stacie A. Rowland _zo °-Z' C 21 Wyrick Avenue -= ) Shippensburg, PA 17257. ` AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on March 7, 2012, 2011 at 10:00 A.M., the following described real estate, of which Stacie A. Rowland and Barry W. Rowland are owners or reputed owners: The real estate, which is the subj ect matter of the Complaint, is situate in Shippensburg Township, County of Cumberland, Commonwealth of Pennsylvania. HET a dwg k/a 21 Wyrick Avenue, Shippensburg, PA 17257. Tax Parcel # 36-35-2388-030. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action.of PNC Bank, N.A., vs. Stacie A. Rowland and Barry W. Rowland at NO: 11-5577 civil in the amount of $161,755.03. 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 OUTWHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2'LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff s Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the 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 3u 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.** NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Barry W. Rowland Stacie A. Rowland 21 Wyrick Avenue Shippensburg, PA 17257. AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on March 7, 2012, 2011 at 10:00 A.M., the following described real estate, of which Stacie A. Rowland and Barry W. Rowland are owners or reputed owners: The real estate, which is the subj ect matter of the Complaint, is situate in Shippensburg Township, County of Cumberland, Commonwealth of Pennsylvania. HET a dwg k/a 21 Wyrick Avenue, Shippensburg, PA 17257. Tax Parcel # 36-35-2388-030. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of PNC Bank, N.A., vs. Stacie A. Rowland and Barry W. Rowland at NO: 11-5577 civil in the amount of $161,755.03. 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 Sheriff s Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the 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 a uis 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.** WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-5577 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 STACIE A. ROWLAND and BARRY W. ROWLAND (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: $161,755.03 L. L.: $.50 Interest from 9/3/11 to 3/7/2012 -- $4,945.72 Atty's Comm: % Atty Paid: $196.50 Plaintiff Paid: Date: 9/6/11 Due Prothy: $2.00 Other Costs: David D. BueWProhonotiary , (Seal) REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: VITTI AND VITTI AND ASSOCIATES, P.C. 215 4"' AVENUE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-1725 By: Deputy Supreme Court ID No. -- _-4 rg MM ? C) f~r't t17 - -nC C) f" 'r --n X 4 4,5 01 U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Bank, National Association, Plaintiff, CIVIL DIVISION NO. 11-5577 civil PRAECIPE TO WITHDRAW WRIT OF EXECUTION vs. Stacie A. Rowland and Barry W. Rowland Defendants. 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 BANK, NATIONAL ASSOCIATION, VS. STACIE A. ROWLAND AND BARRY W ) NO: 11-5577 civil Plaintiff, ) ROWLAND, ) Defendants. ) PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly withdraw Writ of Execution in the above matter that was issued on September 6, 2011. Louis P. Vitti, Esquire Attorney for Plaintiff