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Home My WebLink About11-6003 m m ; r m CO -ICD t-? i> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Bank, National Association, Plaintiff, CIVIL DIVISION NO. 11 - &003 0,1"-ft Ie'K COMPLAINT IN MORTGAGE FORECLOSURE vs. Gene S. Stotler, Defendant. 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/ oCoid X Vim Attorney for Plaintiff MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Lois M. Vitti, Esquire PA I.D. #209865 Vitti & Vitti & Associates, P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 0-c- +qa-00 PO ArrY .1!5 c'0 c1t aa,% 6? &,1 q57 PNC Bank, National Association, Plaintiff, VS. Gene S. Stotler, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 COMPLAINT IN MORTGAGE FORECLOSURE NOW, comes the Plaintiff by its attorneys, Vitti & Vitti & Associates, P.C. and Lois M. 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 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 700 High Mountain Road, Gardners, PA 17324. The property address is 1 Katie Lane, Shippensburg, PA 17257 and is the subject of this action. 3. On the 24th day of February, 2006, in consideration of a loan of One Hundred Eighteen Thousand Five Hundred Fifty Two and 00/100 ($118,552.00) Dollars made by National City Mortgage, a division of National City Bank of Indiana to Defendant, the said Defendant executed and delivered to National City Mortgage, a division of National City Bank of Indiana a "Note" secured by a Mortgage with the Defendant as mortgagor and National City Mortgage, a division of National City Bank of Indiana, as mortgagee, which mortgage was recorded on the 1st day of March, 2006, in the Office of the Recorder of Deeds of Cumberland County, at Book No. 1941 Page No. 3982. 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 Bank, successor by merger to National City Bank of Indiana. 4. The premises secured by the mortgage are: SEE EXHISIT '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 October 1, 2008, 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 Fifty Two Thousand One Hundred Eighteen and 85/100 ($152,118.85) with interest and costs. bmitted, VITTISSOCIATES, P.C. BY: Lois W ftV, Esquire Attorney for Plaintiff SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 113,721.39 Interest @ 5.8750% from 09/01/08 through 7/31/2011 19,457.65 (Plus $18.3045 per day after 7/31/2011 ) Late charges through 7/26/2011 0 months @ 38.54 Accumulated beforehand 366.86 (Plus $38.54 on the 17th day of each month after 7/26/2011 ) Attorney's fee 5,686.07 Escrow deficit 12.886.88 (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 152,118.85 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Cooke Township, Cumberland County, Pennsylvania„ more particularly bounded and described as follows: BEGINNING at a point, an existing iron pin in the centerline of Township Road T-335 at corner of lands now or formerly of George L. and Janice M. Cook; thence along lands now or formerly of George L. and Janice M. Cook South 55 degrees 12 minutes 44 seconds West, 216.37 feet to a set iron pin (passing through an iron pin on line set 27.75 feet from the aforesaid starting point); thence along Lot 3 as shown on subdivision plan for Conrad Wiser, recorded in Cumberland County Plan Book 67, Page 16, North 19 degrees 37 minutes 37 seconds West, 287.58 feet to a set iron pin; thence along private right-of-way as shown on the aforesaid subdivision plan, North 72 degrees 57 minutes 09 seconds East, 250.00 feet to a set railroad spike in the centerline of Township Road T-335 (passing through an iron pin on line set 25.24 feet from the aforesaid railroad spike); thence over. the centerline of the aforesaid public road, South 09 degrees 04 minutes 51 seconds East, 223.51 feet to an existing iron pin, the point and place of BEGINNING. CONTAINING 1.3246 Acres, more or less.., Being all of Lot 1 as shown on subdivision plan for Conrad Wiser, recorded in Cumberland County Plan Book 67, Page 16. BK1941P63991 VERIFICATION AND NOW Lois M. Vitti verifies that the statements made in this Complaint are true and correct to the best of her 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. Lois M. Vitti (, 1, Dated: July 26, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY _;j: Ronny R Anderson j ??-cLr) Sheriff -??P- oP0+,, Jody S Smith Chief Deputy L A ?i Pik 3: 07 Richard W Stewart rMNSERLAND C J?J t Solicitor PEP"SYL'VN IA PNC Bank, NA Case Number vs. Gene S. Stotler 2011-6003 SHERIFF'S RETURN OF SERVICE 08/09/2011 06:17 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on August 9, 2011 at 1817 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gene totter, by making known unto himself personally, at 700 High Mountain Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. AMA A COBAUGH, EPU 08/09/2011 06:17 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on August 9, 2011 at 1817 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gene-S-Stotler, by making known unto himself personally, at 1 Katie Lane, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. IUJA UJIL ?6?A 'AMANDA COBAUGH, DEPU SHERIFF COST: $75.00 August 11, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF c; Gru^ ySu to Shed( I eieosofl Inc TFICE .4 ONOTARY PM 2: 18 ctlr BBRL U Cry PJENNIS YL V 11 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Bank, National Association, Plaintiff, vs. Gene S. Stotler CIVIL DIVISION NO. 11-6003 Civil Term AFFIDAVIT OF SERVICE Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire ID# 01072 Vitti & Vitti & Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From Vitti & Vitti & Associates. P.C. 215 Fourth Avenue. Pittsburgh PA 15222 One piece of ordinary mail addressed to: Pennsylvania Department of Revenue Office of Chief Counsel Inheritance Tax Dept. PO Box 281061 Harrisburg, PA 17128 'J'V'I.. JV ," January /VU I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From Vitti & Vitti & Associates. P.C. 215 Fourth Avenue. Pittsburah. PA 15222 One piece of ordinary mail addressed to. Commonwealth of Pennsylvania- DPW PO Box 8016 Harrisburg, PA 17105 ?.? ' V I I I I Jv I r Jal lUar y LUU I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER V Vitti& F Vitti & Associates, P.C. 215 Fourth Avenue. Pittsburgh, PA 15222 One piece of ordinary mail addressed to Clerk of Courts Criminal/ Civil Division One Courthouse Square Carlisle, PA 17013 ' J 'V'III JU 1 / , Jal lual y LU V 1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From Vitti & Vitti & Associates, P.C. 215 Fourth Avenue. Pittsburah. PA 15222 One piece of ordinary mail addressed to. Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 $1.150 US POSTAGE FIRST-CLASS 062S0007061721 15222 00 $1.150 FIS POSTAGE IRST-CLASS m 06250007061721 15222 $1.150 US POSTAGE FIRST-CLASS 062S0007061721 15,122 $1.150 US POSTAGE FIRST-CLASS 062S0007061721 15222 u' M r % E. Z 4 ra rurm oo l d, January ZUU-I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti & Vitti & Associates. P.C. 215 Fourth Avenue. Pittsburgh. PA 15222 One piece of ordinary, mail addressed to Court of Common Pleas of Cumberland County Domestic Relations Division PO Box 320 Carlisle. PA 17013 PS Form 3817, Januaryeuu I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From. Vitti & Vitti & Associates. P.C. 215 Fourth Avenue. Pittsburah. PA 15222 One piece of ordinary mail addressed to: PA Department of Sheriff Sales Bureau of Compliance Departm # 281230 Harrisburg, PA 17128-1230 PS Form 3817, January ZUu-I $1.150 US POSTAGE FIRST-CLASS 062S0007061721 15222 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From. Vitti & Vitti & Associates. P.C. 215 Fourth Avenue, Pittsburgh. PA 15222 One piece of ordinary mail addressed to. Tenant/Occupant 1 Katie Lane Shippensburg, PA 17257 $j.15 ID us POSTAGE FIRST-CLASS 062S0007065722 $1.150 US POSTAGE . ' FIRST-CLASS ' 062S0007061721 15222 nti{ y4, PS Form 3s17, January ZUU"1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitt! & Vitti & Associates. P.C. 215 Fourth Avenue, Pittsburah. PA 15222 One piece of ordinary mail addressed to. Tax Collector of Cooke Township 154 Pine Tree Drive Newville, PA 17241 $1.15q US POSTAGE FIRST-CLASS 062S0007061721 15222 i e whi ' PS Form 381 v January Zuu-I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitt! & Vitti & Associates, P.C. 215 Fourth Avenue. Pittsburah. PA 15222 One piece of ordinary mail addressed to. Municipal Authority of Cooke Township 1700 Centerville Road Newville, PA 17241 $1,150 US POSTAGE FIRST-CLASS Q 062S00070617 1 2 5 2 152 0 w F'S corm 387 i, Uanuary zuul SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson V! C')"/" Sheriff g1??tiV Qj ?a79t7?p????? ?? ? 1 ! ] l? E? L? d ?? ?'yr Jody S Smith Chief Deputy L A 9: Richard W Stewart 4 CUMBERLAND COUNT'( Solicitor '. PENNSYLVA ;')A PNC Bank, NA Case Number vs. 2011-6003 Gene S. Stotler SHERIFF'S RETURN OF SERVICE 01/03/2012 08:40 PM - Deputy Shawn Gutshall, 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 1 Katie Lane, Shippensburg, Cumberland County, PA 17257. 01/03/2012 08:40 PM - Deputy Shawn 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: Gene S. Stotler at 700 High Mountain Road, Cooke Township, Gardners, Cumberland County, PA 17324. 03/21/2012 Ronny R Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on March 07, 2012 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Vitti, on behalf of PNC Bank, National Association at 3232 Newmark Drive, Miamisburg, Ohio, 45342. PNC Bank, National Association being the buyer in this execution, paid to the Sheriff the sum of $911.00. 03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SHERIFF COST: $911.00 March 21, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF /0 -?.C 9 ?.?? X703 :;o? it a€te 3herift Tc;kxsof! Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO: 11-6003 Civil Plaintiff, ) vs. ) GENE S. STOTLER, ) 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 1 Katie Lane, Shippensburg, PA 17257. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Gene S. Stotler 700 High Mountain Road Gardners, PA 17324 Gene S. Stotler 1 Katie Lane 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) Greenpoint Credit Corporation 11 Cooper Circle Carlisle, PA 17013 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 Cooke Township Municipal Authority of Cooke 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 154 Pine Tree Drive Newville, PA 17241 1700 Centerville Road Newville, PA 17241 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' 20 Carlisle, PA 17013 PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant Dept. #281230 Harrisburg, PA 17128-1230 1 Katie Lane Shippensburg, PA 17257 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. October 6, 2011 Date SWORN TO and subscribed before me this 6th day of October, 2011. Notary Public F Attorney for Plaintiff NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Gene S. Stotler Gene S. Stotler 700 High Mountain Road 1 Katie Lane Gardners, PA 17324 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 at 10:00 A.M., the following described real estate, of which Gene S. Stotler is owner or reputed owner: The real estate is situate in the Cooke Township, Cumberland County, Pennsylvania. HET a dwg k/a 1 Katie Lane, Shippensburg, PA 17257. Tax Parcel # 07-14-0161-017. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of PNC Bank, N.A. vs. Gene S. Stotler at 11-6003 Civil Term in the amount of $153,345.25. 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 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 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 thi n (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff -' Lois M. 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." ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO: 11-6003 Civil Plaintiff, ) vs. ) GENE S. STOTLER, ) Defendants. LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Cooke Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point, an existing iron pin in the centerline of Township Road T-335 at corner of lands now or formerly of George L. and Janice M. Cook; thence along lands now or formerly of George L. and Janice M. Cook South 55 degrees 12 minutes 44 seconds West, 216.37 feet to a set iron pin (passing through an iron pin on line set 27.75 feet from the aforesaid starting point); thence along Lot 3 as shown on subdivision plan for Conrad Wiser, recorded in Cumberland County Plan Book 67, page 16, North 19 degrees 37-minutes 37 seconds West, 287.58 feet to a set iron pin; thence along private right-of-way as shown on the aforesaid subdivision plan, North 72 degrees 57 minutes 09 seconds East, 250.00 feet to a set railroad spike in the centerline of Township Road T-335 (passing through an iron pin on line set 25.24 feet from the aforesaid railroad spike); thence over the centerline of the aforesaid public road, South 09 degrees 04 minutes 51 seconds East, 223.51 feet to an existing iron pin, the point and place of beginning. CONTAINING 1.3246 Acres, more or less Being all of Lot 1 as shown on subdivision plan for Conrad Wiser, recorded in Cumberland County Plan Book 67, page 16. Having erected thereon a dwelling known as 1 Katie Lane, Shippensburg, PA 17257. Tax Parcel # 07-14-0161-017. -Being the same premises which Frederick C. Lescalleet, II and Joanne R. Lescalleet, by their deed dated 02/24/2006 and recorded 03/01/2006 in the Recorder's Office of Cumberland County, PA in the Deed Book 273, page 1743 granted and conveyed unto Gene S. Stotler. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-6003 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION Plaintiff (s) From GENE S. STOTLER (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: $153,345.25 Interest $3,831.53 Atty's Comm: % Atty Paid: $207.50 Plaintiff Paid: Date: 10/11/11 (Seal) L.L.: $.50 Due Prothy: $2.00 Other Costs: - r 9? -- David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name: LOUIS M. VITTI, ESQUIRE Address: VITTI & VITTI & ASSOCIATE, P.C. 215 FOURTH AVENUE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-1725 TRUE COPY FROM RECORD In Test;mony whereof, I here unto set my hand and the star. of said Court at Carlisle, Pa. This --LL- day of ?a(-ar?-is,201 Prothonotary- C?i?'J'bu 0-, ?A ' WI-V Supreme Court ID No. 209865 On October 27, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Cooke Township, Cumberland County, PA, Known and numbered as, 1 Katie Lane, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date October 27, 2011 By: Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-6003 Civil Term PNC Bank, National Association VS. Gene S. Stotler Atty.: Louis Vitti ALL THAT CERTAIN tract of land situate in Cooke Township, Cum- berland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point, an existing iron pin in the centerline of Township Road T-335 at corner of lands now or formerly of George L. and Janice M. Cook; thence along lands now or formerly of George L. and Janice M. Cook South 55 degrees 12 minutes 44 seconds West, 216.37 feet to a set iron pin (passing through an iron pin on line set 27.75 feet from the aforesaid starting point); thence along Lot 3 as shown on subdivision plan for Conrad Wiser, recorded in Cumberland County Plan Book 67, page 16, North 19 degrees 37 minutes 37 seconds West, 287.58 feet to a set iron pin; thence along private right-of-way as shown on the aforesaid subdivision plan, North 72 degrees 57 minutes 09 seconds East, 250.00 feet to a set railroad spike in the centerline of Township Road T-335 (passing through an iron pin on line set 25.24 feet from the aforesaid railroad spike); thence over the centerline of the aforesaid public road, South 09 degrees 04 minutes 51 seconds East, 223.51 feet to an existing iron pin, the point and place of beginning. CONTAINING 1.3246 Acres, more or less. Being all of Lot 1 as shown on subdivision plan for Conrad Wiser, recorded in Cumberland County Plan Book 67, page 16. Having erected thereon a dwelling known as 1 Katie Lane, Shippens- burg, PA 17257. Tax Parcel # 07-14-0161-017. Being the same premises which Frederick C. Lescalleet, II and Jo- anne R. Lescalleet, by their deed dated 02/24/2006 and recorded 03/01/2006 in the Recorder's Office of Cumberland County, PA in the Deed Book 273, page 1743 granted and conveyed unto Gene S. Stotler. 78 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 27, February 3, and February 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. -'7- - C '- C - isa Marie Coyne, Yditor i SWORN TO AND SUBSCRIBED before me this da of Febru 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4t Patriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. #PUBLICATION COPY This ad ran on the date(s) shown below: 01/27/12 02/03/12 ? 02/10/12 . oo-a-n,d subscribe ?bef e me?his34 aqfFe?bruary, 2012 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 3011.6003 Civil Case PNC Bank, National Association VS Gene S. Stotler Atty. Louis Vito ALL THAT CERTAIN tract of land situate in Cooke Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point, an existing iron pin in the centerline of Township Road T-335 at corner of lands now or formerly of George L. and Janice M. Cook; thence along lands now or formerly of George L. and Janice M. Cook South 55 degrees 12 minutes 44 seconds West, 216.37 feet to a set iron pin (passing through an iron pin on line set 27.75 feet from the aforesaid starting point); thence along Lot 3 as shown on subdivision plan for Conrad Wiser, recorded in Cumberland County Plan Book 67, page 16, North 19 degrees 37 minutes 37 seconds West, 287.58 feet to a set non pin; thence along private right-of- way as :town on the aforesaid subdivision plan, ?worth 72 degrees 57 minutes 09 seconds East, 250.00 feet to a set railroad spike i,l the centerline of Township Road T-335 (passing through an iron pin on line set 25.24 feet from the aforesaid railroad spike); thence over the centerline of the aforesaid public road, South 09 degrees 04 minutes 51 seconds East, 223.51 feet to an existing iron pin, the point and place of beginning. CON'P.AINING 1.3246 Acres, more or less Being ill of Lot 1 as shown on subdivision plan for Conrad Wiser, recorded in Cumberland County Plan Book 67, page 16. Having erected thereon a dwelling known as 1 Katie Lane, Shippensburg, PA 17257. Tax Parcel # 07-14-0161-017. Being the same premises which Frederick C. Lescalleet, II and Joanne R. Lescalleet, by their deed dated 02/24/2006 and recorded 03/01/2006 in the Recorder's Office of Cumberland County, PA in the Deed Book 273, page 1743 granted and conveyed unto Gene S. Stotler. A- ehe Patriot-Xims Now you know 2020 Technology Parkway Mechanicsburg, PA (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL ption 01/27/12 02/03/12 02/10/12 Of Ad Sheriff Sale 6003 7.59 $12.00 $ 91.08 Sheriff Sale 6003 7.59 $12.00 $ 91.08 Sheriff Sale 6003 7.59 $12.00 $ 91.08 Notary Fee I I I I I 1 1 $5.00 TOTAL DUE FOR THIS SALE: $ 278.24 AC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which PNC Bank N A is the grantee the same having been sold to said grantee on the 7th day of March A.D., 2012, under and by virtue of a writ Execution issued on the I Ith day of October, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 6003, at the suit of PNC Bank N A against Gene S Stotler is duly recorded as Instrument Number 201213206. IN TESTIMONY WHEREOF, I have ereunto set my hand and seal of said office this f` day of A.D. :t 01 of Deeds Recmft d and Canty, Car*. PM MY Cwmission N the Fk9 Monday of Jan. 2014