HomeMy WebLinkAbout11-8495
FILED-OFFIC :
r E FEE F)R0T1iON Mr<Y
2011 '400 10 FM 2: 4 j
CUMBERLAND COUNTY
PENINSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC Bank, National Association, CIVIL DIVISION
Q %6y5 ?iJt L ??°rh'I
NO. //.-- O
Plaintiff, COMPLAINT IN MORTGAGE
FORECLOSURE
VS.
Terry E. Hill,
MORTGAGE FORECLOSURE
Filed on behalf of Plaintiff
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/ K
19 o?y /''opmVian-
Attorney for 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
l?
C-#7-
p -if a6'7ao?
PNC Bank, National Association,
Plaintiff,
Vs.
Terry E. Hill,
Defendant.
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 AGAINSTYOU 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 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 125
Ridge Road, Biglerville, PA 17307. The property address is 125 Ridge Road, Shippensburg,
PA 17257 and is the subject of this action.
3. On the 10th day of October, 2008, in consideration of a loan of One Hundred
Twenty Four Thousand Nineteen and 00/100 ($124,019.00) 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 5th day of
November, 2008, in the Office of the Recorder of Deeds of Cumberland County, at
Instrument No. 200836226. 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"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. May 1, 2011, 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 Six Thousand Four
Hundred Sixty One and 52/100 ($136,461.52) with interest and costs.
Respectfully submitted
V V & S IATES, P.C.
BY:
odney Per gia Esquire
Attorney for Plaintiff
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance 120,099.91
Interest @ 6.0000% from 04/01/11 through 11/30/2011 4,797.42
(Plus $19.7425 per day after 11/30/2011 )
Late charges through 11/8/2011
Omonths @ 36.97
Accumulated beforehand 147.88
(Plus $36.97 on the 17th day of each month after 11/8/2011 )
Attorney's fee 6,005.00
Escrow deficit 5.411.31
(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 136,461.52
EXHIBIT °A"
LEGAL DESCRIPTION
All that certain tract of land shown and delineated as Parcel "A' on a certain subdivision plan for Martin J. Reese
and Curfman and Zullinger, Registered Surveyors, which subdivision plan is duly approved and recorded in the
Cumberland County Recorder of Deeds Office, in and for Cumberland County, at Plan Book 75, Page 53,
situate in Southampton Township, Cumberland County, Pennsylvania, and being more particularly bounded and
described as follows, to wit:
BEGINNING at a point in the roadbed of the Ridge Road, a State Forest road; thence over the Ridge Road,
north forty-nine (49) degrees twenty-five (25) minutes nineteen (19) seconds East, a distance of one hundred
and zero hundredths (100.00) feet to an existing spike, thence along other lands of grantee, South forty- (40)
degrees thirty-seven (37) minutes thirteen (13) seconds East, a distance of one hundred sixty-five and
seventy-seven hundredths (165.77) feet passing through an existing point on line twenty-four and ninety
hundredths (24.90) feet from the aforesaid existing spike to an existing iron pin; thence continuing along other
lands of the grantee, North forty-eight (46) degrees fifty-six (56) minutes twenty-seven (27) seconds East, a
distance of one hundred and zero hundredths (100.00) feet to an existing iron pin; thence continuing along other
lands of the Grantee, North forty (40) degrees thirty-seven (37) minutes four (04) seconds West, a distance of
one hundred sixty-four and ninety-three hundredths (164.93) feet to an existing spike in a roadbed of the Ridge
Road, passing through an existing point on line nineteen and eighty-five (19.85) feet from the aforesaid existing
spike; thus over the Ridge Road, North forty-nine (49) degrees twenty-five (25) minutes nineteen (19) seconds
East, a distance of sixty-seven and fifty-two hundredths (67.52) feet to a point passing through an existing nail
thirty-two and forty-nine (32.49) feet from the said point; thence along other lands now or formerly of the
Grantor, South forty (40) degrees thirty-seven (37) minutes four (04) seconds East, a distance of two hundred
sixty-four and ninety-four (264.94) feet, passing through a set point on line thirteen and nineteen (13.19) feet
from the aforesaid point in the roadbed of Ridge Road, to a set iron pin; thence along other land of Grantor,
South forty-eight (48) degrees fifty-six (56) minutes twenty-seven (27) seconds West, a distance of three
hundred and zero hundredths (300.00) feet to a set iron pin; thence along other lands of Grantor, North forty
(40) degrees thirty-seven (37) minutes thirteen (13) seconds West, a distance of two hundred sixty-six and sixty
one hundredths (266.61) feet to the point and place of beginning, passing through a set point on line ten and
fifty-seven hundredths (10.57) feet from the aforesaid point of beginning.
With the appurtenances: TO HAVE AND TO HOLD the same to and for the use of the said Grantee(s),
his.her.their heirs, successors, and assigns.
forever, And the Grantor(s) for histher/their heirs, successors,
and assigns hereby covenant and agree that they will WARRANT GENERALLY the property hereby conveyed,
NOTICE: THIS DOCUMENT MAY NOT.DOES NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE
TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR
REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE/HAVE THE
COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY
RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR
IN SUCH LAND. THE INCLUSION OF THIS NOTICE NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL
RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS
INSTRUMENT. (This notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 964,
as amended, and is not intended as notice of unrecorded instruments, if any.)
PARCEL 39-16-0224-014
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 having based upon the information provided him by the
Plaintiff.
Dated: November 8, 2011
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
?a`?1titr Qf ?aitELrr?;yr??
ILED-O i' ICS-.
a
2?? 11 017C 16 AM 10: C ?
Richard W Stewart
Solicitor
OFF'-- E;' `rF Ri F
CUMBERLAND COUNT
PENNSYLVANIA
PNC Bank, NA Case Number
vs.
Terry E. Hill 2011-8495
SHERIFF'S RETURN OF SERVICE
11/15/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Terry E. Hill, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the within
Complaint In Mortgage Foreclosure according to law.
11/23/2011 07:25 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on November
23, 2011 at 1925 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Terry E. Hill, by making known unto himself personally, at 125 Ridge
Road, 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.
ROB T BITNER, DEPU
11/29/2011 09:55 AM - Adams County Return: And now November 29, 2011 at 0955 hours I, James W. Muller,
Sheriff of Adams County, Pennsylvania, do hereby certify and return that I served a true copy of the within
Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Terry E. Hill by making
known unto himself personally, at 125 Ridge Avenue, Biglerville, Pennsylvania 17307 its contents and at
the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $73.00
December 14, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
;Ci GounfySuite Shentt. Te!eosoft, In-
YORKTOWNE aUSINMS FORMS. IIR). • PK (717) 845-5955 • FAX (717) 8488936
DATE RECEIVED DATE PROCESSED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
INSTRUCTWNS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please
PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legillbly, insuring readability of all copies.
Do not detach arty copies. ACED ENV.#
1. PLAINTIFFS/ 2. COURT NUMBER
PNC BANK NATIONAL ASSOCIATION 2011-8495 Civil Term
3. DEFENDANTS/ 4. TYPE OF WRIT OR COMPLAINT:
TERRY E. HILL Complaint in Mortgage Foreclosure
> 1WM 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
10 Terry E. Hill
6. ADDRESS (Street or RFD, Apartment No., City. Boro, Twp., State and ZIP CODE)
AT 125 Ridge Avenue, Biglerville, PA
7. INDICATE UNUSUAL SERVICE: ? PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? CERT. MAIL ? REGISTERED MAIL ? POSTED ? OTHER
Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law. This deputation being
made at the request and risk of the plaintiff.
SHERIFF OF ADAMS COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to
any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE
Rodney Permlgiani I Esq. ]PLAINTIFF (412) 281-1725
? DEFENDANT
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE LOW THIS LINE
12. 1 acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration /?HM&Ngdate
or complaint as indicated above. 11/18/2011 DECEMBER 9 2011
15. 1 hereby CERTIFY and RETURN that I have personally served. ? have served person in charge, ? have legal evidence of service as shown in "Remarks" (on reverse)
? have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof.
IA n I hmahv rsrrifu and raturn a NOT FAIIMD hacause I am. unahle to locate the individual. comoanv. comoration. etc.. named above. (See remarks below)
17. Name and title of individual served 18. A person of suitable ape and discretion Read Order
Terry E. Hill == in o defendant ° "°"°I ?
19. Address of where served (complete only if different than shown above) (Street or R FD, Apartment No., City, Boro. Twp., 20. Date of Service 21. Time
State and ZIP CODE)
11/29/11
-
- 9:55AM
22. ATTEMPTS Dab MIIN Dep.IM. Date Mlles Dep.lnt. Date MU" Dep.Mt. Dab Nil" Dep.lnt. Date Mlles
T Dep.lnt.
23. Advance Cats 24. 25. 28. 27. Total Costs 28X3==9= REFUND
M.OD 34.38 Pd. 12/7/11 1 $115.62 Ck. #28357
AFFIRMED and subscribed to before me this N/A
day
BY . 8fMrlfglRisaa Print or Typo) Date
Ante Garcia. Jr. /
SWAk"
JAMES Sheriff MULLER ID°1
SHERIFF OF ADAMS COUNTY
(1 ) The w(tNn
upon , the within narned
defendant by nudgng to
by mall, return receipt requested, postage
prepaid= on the
a true wtd attested copy thereof at
The return receipt signed by
defendant on the is hereto attached and
made a part of this return,
( ) (2) Outside the CommorAN"th, pursuant to Pa. R.C.P. 405 (c) (1) (2), by mailing a true
and attested copy thereof at
in the following manner:
{ ) (a) to the defendant by { ) registered ( ) , certified mad, return receipt requested,
postage prepaid, addressee only on the _
said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities
that Defendant refused to accept the same. The returned receipt and envelope Is attached hereto
and made -a part of this return.
And thereafter:
( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return
address of the Sheriff appearing thereon, on the _
further certify that after fifteen (15) days from the mailing date, I have not received
said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a
proof of mailing.
( ) (3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in
the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily
newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general
circulation in said County for
successive weeks of ^?-
The Affidavits
from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made
part of this return.
( } { 4 ) By mailing to
by mail, return receipt requested, postage prepaid,
on the
a true and attested copy thereof at
The returned by the Postal
Authorities marked
is hereto attached. S 61 0
( 5) Other
v? ,
Fly. ED-OFFICE
OF TH&PROTNONOTARY
2012 JAN 17 PM is 12
C'UMBERLANQ COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
NO. 2011-8495
Plaintiff, PRAECIPE FOR DEFAULT
JUDGMENT, CERTIFICATION OF
MAILING AND AFFIDAVIT OF NON-
vs. MILITARY SERVICE
TERRY E. HILL, Code MORTGAGE FORECLOSURE
Filed on behalf of
Defendants. 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
Qak T.) V, SO P4 a?
)14 9A S
?.?J ab9 Sa3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, ) No. 2011-8495
VS. )
TERRY E. HILL, )
Defendants. )
PRAECIPE FOR DEFAULT JUDGMENT
AND ASSESSMENT OF DAMAGES
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Enter judgment in Default of an Answer in the amount of $137,172.25, in favor of
the PNC Bank, National Association, Plaintiff in the above-captioned action, against the Defendants,
Terry E. Hill and assess Plaintiffs damages as follows and/or as calculated in the Complaint:
Unpaid Principal Balance 120,099.91
Interest from 04/01/11-01/05/12 5,508.15
(Plus @ 6% per day after 01/05/12)
Late charges (Plus $36.97 per
month from 11/08/11-06/06/12 $295.76) 147.88
Attorney's fee 6,005.00
Escrow Deficit 5,411.31
(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 13 172.25
The real estate, which is the subject matter of the Complaint, is situate in Township
of Southampton, County of Cumberland County, Cmwlth of Pennsylvania. HET a dwg k/a 125
Ridge Avenue, Shippensburg, PA 17257. Parcel Number 39-16-0224-014.
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. 2011-8495
VS. )
TERRY E. HILL, )
Defendants. )
CERTIFICATION OF MAILING
I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the
Defendant(s), in the above-captioned case on December 23, 2011, giving ten (10) day notice that judgment
would be entered should no action be taken.
VITTI & VITTI & ASSOCIATES, P.C.
BY:
L`6uis P. Vitti, Esquire
Attorney for Plaintiff
SWORN to and subscribed
before me this 5th day
of January, 2012.
I'
I ijuj??,
Notary Publi6
t iMb NWgLfl4 OF PENNIVLVA NIA
_ Notarial Seal
Shen) L. House, Notary Public
City of PIWburgh, Allegheny County
My Co?m1mission Expires May 15, 2015
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC Bank, National Association,
Plaintiff,
no. 2011-9495
vs.
Terry E. Hill,
Defendant.
IMPORTANT NOTICE
TO: Terry E. Hill
125 Ridge Ave
Biglerville, PA 17307
Date of Notice: December 23, 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
4TTT'Irnli A iA, PC . X&
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 e embers Civil Relief Act of 2004.
L
-- -----------
Louis P. Vitti, Esquire
SWORN to and subscribed
before me this 5th day
of January, 2012.
ry public
eny County ,
?vr v r
MY
n
PubCOMMONWEALTH OF PEN
Notary Pub COMMONWEALTH Notaviat Sea'
` Notarial Seal
Sherry L. House, Nola
Glty of Pittsburgh, Allegh
Comm+ssloa Exoir?s 1,
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 11-8495 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 TERRY E. HILL
(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: $137,172.25 L.L.: $.50
Interest 1/05112-6/6112 - $3,427.43
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $212.50 Other Costs:
Plaintiff Paid:
Date: 1/17/12 r Q
x&
w
David D. Buell, Prothonotary
(Seai)
Deputy
REQUESTING PARTY:
Name: LOUIS P. VITTI, ESQUIRE
Address: VITTI & VITTI & ASSOCIATES, P.C.
215 FOURTH AVENUE
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-1725
Supreme Court ID No. 1072
OF THFE PROTHONOTARY
2012 JAN 17 PM 1: 12
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
NO. 2011-8495
Plaintiff, PRAECIPE FOR WRIT OF
EXECUTION AND AFFIDAVIT OF
LAST KNOWN ADDRESS
vs.
Code MORTGAGE FORECLOSURE
TERRY E. HILL,
Defendants.
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
0_%
a,
a t - °`'
(412) 281-1725
*,a, a5 A 4.1
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?Zrk a?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, ) No. 2011-8495
vs. )
TERRY E. HILL, )
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
Interest 01/05/12-06/06/12
137,172.25
3,427.43
Total 140.599.68
The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate
in:
Township of Southampton, County of Cumberland County, Cmwlth of Pennsylvania. HET a dwg k/a 125
Ridge Avenue, Shippensburg, PA 17257. Parcel Number 39-16-0224-014.
6 E<Tbvi---
Louis P. Vitti, Esquire
Attorney for Plaintiff
IN TrE COURT OF Comm ON ?LEAS OF CUMBERI-MD COUtr'I'Y
CIVIL DIVISION --
pENNSYLVANLr,
PRArxIPE FOR WRIT OF _=_ ION
aots.on :
YNUV?6 , NC VtC(W ??c?i CCU
VS.
71n
( ) Confessed Judgment
( ) Other
F i le No.
Arrrroun t Due
Interest
Atty' s Ca=
Costs
TO Try P R=ONOTARY OF THE SAID COURT :
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,
_t is based on the appropriate cr?:ginal -0 -oceeding filed pursuant to Act 7 of 1966 as
a_rended; and for rear! property pursuant to Act 6 of 1974 as arre-nded.
Issue wr-.t of ex.Pcstion in the above matter to the Sheriff of 0i j(',
County, for debt, interest and costs u_r0n the follow?g described procrn- ?y of the
defendant(s)
PRAE=- FUR ATTA aN= EXEC=ON
Issue writ of attactyrent to the Sheriff of county, for debt,
nterest and costs, as above, directing attar Trent against the above-naTed garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
=pies of lengthy pPe--sonalty list)
and all other proper-_y of the defendant(s) in the possession, custody or control of the
said ga_rnishee(s).
(Indicate) Index thLi s writ against the carni shee( s
real estate of the defendant(s) described in the attached e412
DATE : 1 ? s,? \2 Signature:
Print Name :
a 2? ; s renciens against
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, ) No. 2011-8495
VS. )
TERRY E. HILL, )
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 125 Ridge Road, Biglerville, PA 17307.
is P. Vitti, Esquire
SWORN to and subscribed
before me this 5th day
of January, 2012.
AID A-tA ?ZJL( -Ie
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sherry L. House, Notarl S'vNi i
I City of Pittsburgh, Allegheny County
My Cnonmi Jon Expires May 3 .5. 'r.`9'. 5
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, ) No. 2011-8495
vs. )
TERRY E. HILL, )
Defendants. )
LEGAL DESCRIPTION
All that certain tract of land shown and delineated as Parcel "A" on a certain subdivision plan for Martin
J. Reese and Curfinan and Zullinger, Registered Surveyors, which subdivision plan is duly approved and
recorded in the Cumberland County Recorder of Deeds office, in and for Cumberland County, at Plan
Book 75, Page 53, situate in Southampton Township, Cumberland County, Pennsylvania, and being more
particularly bounded and described as follows, to wit:
BEGINNING at a point in the roadbed of the Ridge Road, a State Forest road; thence over the Ridge
Road, north forty-nine (49) degrees twenty-five (25) minutes nineteen (19) seconds East, a distance of one
hundred and zero hundredths (100.00) feet to an existing spike; thence along other lands of grantee, South
forty (40) degrees thirty-seven (37) minutes thirteen (13) seconds East, a distance of one hundred sixty-
five and seventy-seven hundredths (165.77) feet passing through an existing point on line twenty-four and
ninety hundredths (24.90) feet from the aforesaid existing spike to an existing iron pin; thence continuing
along other lands of the grantee, North forty-eight (48) degrees fifty-six (56) minutes twenty-seven (27)
seconds East, a distance of one hundred and zero hundredths (100.00) feet to an existing iron pin; thence
continuing along other lands of the Grantee, North forty (40) degrees thirty-seven (37) minutes for (04)
seconds West, a distance of one hundred sixty-four and ninety-three hundredths (164.93) feet to an
existing spike in a roadbed of the Ridge Road, passing through an existing point on line nineteen and
eighty-five (19.85) feet from the aforesaid existing spike; thence over the Ridge Road, North forty-nine
(49) degrees twenty-five (25) minutes nineteen (19) seconds East, a distance of sixty-seven and fifty-two
hundredths (67.52) feet to a point passing through an existing nail thirty-two and forty-nine (32.49) feet
from the said point; thence along other lands now or formerly of the Grantor, South forty (40) degrees
thirty-seven (37) minutes four (04) seconds East, a distance of two hundred sixty-four and ninety-four
(264.94) feet, passing through a set point on line thirteen and nineteen hundredths (13.19) feet from the
aforesaid point in the roadbed of Ridge Road, to a set iron pin; thence along other land of Grantor, South
forty-eight (48) degrees fifty-six (56) minutes twenty-seven (27) seconds West, a distance of three
hundred and zero hundredths (300.00) feet to a set iron pin; thence along other lands of Grantor, North
forty (40) degrees thirty-seven (37) minutes thirteen (13) seconds West, a distance of two hundred sixty-
six and sixty-one hundredths (266.61) feet to the point and place of beginning, passing through a set point
on line ten and fifty-seven hundredths (10.57) feet from the aforesaid point of beginning.
With the appurtenances: TO HAVE AND TO HOLD the same to and for the use of the said Grantee(s),
his, her, their, heirs, successors, and assigns.
forever, And the Grantor(s) for his/her/their heirs, successors,
and assign. hereby covenant and agree that they will warrant generally the property hereby conveyed.
NOTICE: This document may not does not sell, convey, transfer, include or insure the title to the coal and
right of support underneath the surface land described or referred to herein, and the owner or owners of
such coal may have/have the complete legal right to remove all of such coal and, in that connection,
damage may result to the surface of the land and any house, building or other structure on or in such land.
The inclusion of this notice not enlarge, restrict or modify any legal rights or estates otherwise created,
transferred, excepted or reserved by this instrument. (This notice is set forth in the manner provided in
Section 1 of the Act of July 17, 1957, P.L. 984, as amended, and is not intended as notice of unrecorded
instruments, if any.)
Having erected thereon a dwelling known as 125 Ridge Road, Shippensburg, PA. 17257.
Parcel 39-16-0224-014
Being the same premises which Leann M. Zeigler-Jonas, formerly known as Leann M. Zigler and
Christopher T. Jonas, her husband by deed dated 10/10/08 and recorded 11/05/08 in the Recorder of Deeds
Office of Cumberland County, Pennsylvania in Instrument # 200836225, granted and conveyed unto Terry
E. Hill.
FILED-OFFICE
OF THE PROTHONOTARY
2012 JAN 17 PM 1= 13
CUMBERLAND COUNTY
IN THE COURT OF COMMONM?? CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, ) No. 2011-8495
VS. )
TERRY E. HILL, )
Defendants. )
AFFIDAVIT
I, Louis P. Vitti, hereby certify that as representative of PNC Bank, National Association am
familiar with the above-captioned case and various servicing activities related thereto and that the
provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been
complied with in the above-captioned case.
Louis P. Vitti, Esquir
Attorney for Plaintiff
SWORN to and subscribed
before me this 5th day
of January, 2012.
Notary Publico
0rrjNRVt VAN IA.
Notarial Seal
Sherry L. House, Notary R'biic
C ty of p4ttsburgh, Allegheny County
Ni,x Commission Expires May 15,
Y:
OF THE PRO -OFF E
THOWARY
2012 JAN 17 PM 1: 13
CIJMB,ERL A ND COUNTY
PFNNS YLV N
IN THE COURT OF COMMON PLEAS OF CUMBERT, D COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, ) No. 2011-8495
VS. )
TERRY E. HILL, )
Defendants. )
AFFIDAVIT PURSUANT TO RULE 3129.1
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 125
Ridge Road, Shippensburg, PA 17257.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Terry E. Hill 125 Ridge Road
Biglerville, PA 17307
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:
Moffitt Heat & Vascular Group
c/o Gail Guida Souders
Guida Law Office PC
Address (Please indicate if this
cannot be reasonably ascertained)
111 Locust Street
Harrisburg, PA 17101-1409
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 Southampton Township
C/o Vivian Coy
Shippensburg Borough 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
200 Airport Road
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 Dept. #281230
Bureau of Compliance Harrisburg, PA 17128-1230
Tenant/Occupant
125 Ridge Road
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.
f
January 5. 2012 '0?
Date Juisti, Esquire
Attorney for Plaintiff
SWORN to and subscribed
before me this 5th day
of January, 2012.
A, ta-cj , A . /?/4zz?
Notary Pub
COMMONWEALTH OF PENNSYLVANIA
r? ?--- Notarial Seal
1! Sherry L, H01 use, Notary public
City Ot Pittsbu; gh, Allegheny County
15
My Commisslc)n FxpireS May 15, 2()1.5
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Terry E. Hill
125 Ridge Road
Biglerville, PA 17307
AND: ALL LIEN HOLDERS
7HrE PROTHONOTAR Y
2012 JAN 17 PM 1: 13
CUMBERLAND COUNTY
PENNSYLVANIA
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will
be exposed to Public Sale in Cumberland County Courthouse on June 6, 2012 at 10:00 A.M., the
following described real estate, of which Terry E. Hill are owners or reputed owners:
Township of Southampton, County of Cumberland County, Cmwlth of Pennsylvania. HET a dwg k/a 125
Ridge Avenue, Shippensburg, PA 17257. Parcel Number 39-16-0224-014.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of PNC
Bank, National Association vs. Terry E. Hill at 2011-8495 in the amount of $137,172.25.
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 Sheriffs Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection you
might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice
to Defend, you may have the right to have the judgment opened in you promptly file a petition with the
Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the
judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether
the Plaintiff has a valid claim to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20)
days after service or in certain other events. To exercise this right, you would have to file a petition to
strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriffs
Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or
equitable right.
You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly
inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a
petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The
Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date
when the Schedule of Distribution is filed in the Office of the Sheriffr%
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.**
3 r--.,a
SHERIFF'S OFFICE OF CUMBERLAND COUNTY.
ter, -7y
Ronny R Anderson
cry ? -
Sheriff
ytits at Cafjlgrrd cr)
Jody S Smith
Chief Deputy ' -
Y
Richard W Stewart
Solicitor
PNC Bank, NA
vs Case Number
.
Terry E. Hill 2011-8495
SHERIFF'S RETURN OF SERVICE
01/27/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and
inquiry for the within named Defendant, to wit: Terry E. Hill, but was unable to locate the Defendant in his
bailiwick. He therefore deputized the Sheriff of Adams County to serve the within Real Estate Writ, Notice
and Description, in the above titled action, according to law.
02/16/2012 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff
of Adams County, the within named Defendant Terry E. Hill, not found, 125 Ridge Road, Biglerville, PA is
located in Cumberland County. So Answers: James Muller, Sheriff.
04/13/2012 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: $84.30 SO ANSWERS,
April 13, 2012 RON R ANDERSON, SHERIFF
tl'
CC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, ) No. 2011-8495
VS. )
TERRY E. HILL, )
Defendants. )
AFFIDAVIT PURSUANT TO RULE 3129.1
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 125
Ridge Road, Shippensburg, PA 17257.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Terry E. Hill 125 Ridge Road
Biglerville, PA 17307
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:
Moffitt Heat & Vascular Group
c/o Gail Guida Souders
Guida Law Office PC
Address (Please indicate if this
cannot be reasonably ascertained)
111 Locust Street
Harrisburg, PA 17101-1409
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 Southampton Township
C/o Vivian Coy
Shippensburg Borough 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
200 Airport Road
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 Dept. #281230
Bureau of Compliance Harrisburg, PA 17128-1230
Tenant/Occupant
125 Ridge Road
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 unswom falsification to authorities.
s
January 5, 2012
Date Juisi, Esquire
Attorney for Plaintiff
SWORN to and subscribed
before me this 5th day
of January, 2012.
Notary Pub
COMMONWEALTH OF PENNSYLVANIA
Notarial seal
Sherry L. House, Notary Public
i City of Pittsburgh, Allegheny County
MY Expires May 15, 2015 J
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Terry E. Hill
125 Ridge Road
Biglerville, PA 17307
AND: ALL LIEN HOLDERS
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will
be exposed to Public Sale in Cumberland County Courthouse on June 6, 2012 at 10:00 A.M., the
following described real estate, of which Terry E. Hill are owners or reputed owners:
Township of Southampton, County of Cumberland County, Cmwlth of Pennsylvania. HET a dwg k/a 125
Ridge Avenue, Shippensburg, PA 17257. Parcel Number 39-16-0224-014.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of PNC
Bank, National Association vs. Terry E. Hill at 2011-8495 in the amount of $137,172.25.
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 Sheriffs Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you.
You may have the right to prevent or delay the Sheriff s Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection you
might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice
to Defend, you may have the right to have the judgment opened in you promptly file a petition with the
Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the
judgment is opened, the 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 Sheriffs
Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or
equitable right.
You may also have the right to have the Sheriff s 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 Sheri .
t f/?
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. 2011-8495
VS. )
TERRY E. HILL, )
Defendants. )
LEGAL DESCRIPTION
All that certain tract of land shown and delineated as Parcel "A" on a certain subdivision plan for Martin
J. Reese and Curfinan and Zullinger, Registered Surveyors, which subdivision plan is duly approved and
recorded in the Cumberland County Recorder of Deeds office, in and for Cumberland County, at Plan
Book 75, Page 53, situate in Southampton Township, Cumberland County, Pennsylvania, and being more
particularly bounded and described as follows, to wit:
BEGINNING at a point in the roadbed of the Ridge Road, a State Forest road; thence over the Ridge
Road, north forty-nine (49) degrees twenty-five (25) minutes nineteen (19) seconds East, a distance of one
hundred and zero hundredths (100.00) feet to an existing spike; thence along other lands of grantee, South
forty (40) degrees thirty-seven (37) minutes thirteen (13) seconds East, a distance of one hundred sixty-
five and seventy-seven hundredths (165.77) feet passing through an existing point on line twenty-four and
ninety hundredths (24.90) feet from the aforesaid existing spike to an existing iron pin; thence continuing
along other lands of the grantee, North forty-eight (48) degrees fifty-six (56) minutes twenty-seven (27)
seconds East, a distance of one hundred and zero hundredths (100.00) feet to an existing iron pin; thence
continuing along other lands of the Grantee, North forty (40) degrees thirty-seven (37) minutes for (04)
seconds West, a distance of one hundred sixty-four and ninety-three hundredths (164.93) feet to an
existing spike in a roadbed of the Ridge Road, passing through an existing point on line nineteen and
eighty-five (19.85) feet from the aforesaid existing spike; thence over the Ridge Road, North forty-nine
(49) degrees twenty-five (25) minutes nineteen (19) seconds East, a distance of sixty-seven and fifty-two
hundredths (67.52) feet to a point passing through an existing nail thirty-two and forty-nine (32.49) feet
from the said point; thence along other lands now or formerly of the Grantor, South forty (40) degrees
thirty-seven (37) minutes four (04) seconds East, a distance of two hundred sixty-four and ninety-four
(264.94) feet, passing through a set point on line thirteen and nineteen hundredths (13.19) feet from the
aforesaid point in the roadbed of Ridge Road, to a set iron pin; thence along other land of Grantor, South
forty-eight (48) degrees fifty-six (56) minutes twenty-seven (27) seconds West, a distance of three
hundred and zero hundredths (300.00) feet to a set iron pin; thence along other lands of Grantor, North
forty (40) degrees thirty-seven (37) minutes thirteen (13) seconds West, a distance of two hundred sixty-
six and sixty-one hundredths (266.61) feet to the point and place of beginning, passing through a set point
on line ten and fifty-seven hundredths (10.57) feet from the aforesaid point of beginning.
With the appurtenances: TO HAVE AND TO HOLD the same to and for the use of the said Grantee(s),
his, her, their, heirs, successors, and assigns.
forever, And the Grantor(s) for his/her/their heirs, successors,
and assigns hereby covenant and agree that they will warrant generally the property hereby conveyed.
NOTICE: This document may not does not sell, convey, transfer, include or insure the title to the coal and
right of support underneath the surface land described or referred to herein, and the owner or owners of
such coal "may have/have the complete legal right to remove all of such coal and, in that connection,
damage may result to the surface of the land and any house, building or other structure on or in such land.
The inclusion of this notice not enlarge, restrict or modify any legal rights or estates otherwise created,
transferred, excepted or reserved by this instrument. (This notice is set forth in the manner provided in
Section 1 of the Act of July 17, 1957, P.L. 984, as amended, and is not intended as notice of unrecorded
instruments, if any.)
Having erected thereon a dwelling known as 125 Ridge Road, Shippensburg, PA 17257.
Parcel 39-16-0224-014
Being the same premises which Leann M. Zeigler-Jonas, formerly known as Leann M. Zigler and
Christopher T. Jonas, her husband by deed dated 10/10/08 and recorded 11/05/08 in the Recorder of Deeds
Office of Cumberland County, Pennsylvania in Instrument # 200836225, granted and conveyed unto Terry
E. Hill.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 11-8495 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 TERRY E. HILL
(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: $137,172.25 L.L.: $.50
Interest 1/05/12-6/6/12 - $3,427.43
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $212.50 Other Costs:
Plaintiff Paid:
Date: 1/17/12
f
David D. uell, ProPo
eal)
(S
Deputy
REQUESTING PARTY:
Name: LOUIS P. VITTI, ESQUIRE
Address: VITTI & VITTI & ASSOCIATES, P.C.
215 FOURTH AVENUE
PITTSBURGH, PA 15222
TRUE COPY FROM RECORD
Attorney for: PLAINTIFF In Testimony whereof, I here unto set my hand
Telephone: 412-281-1725 and the seal of said at Catiisle, Pa.
This day of .20 )?p
Supreme Court ID No. 1072 Prothonotary
a O
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=`-,uodn pInal J4!aagS aqj ZZOZ'LZ ?aenue? u0
WRIT OF EXECUTION acid/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 11-8495 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY: '
To satisfy the debt, interest and costs due PNC DANK, NATIONAL ASSOCIATION, Plaintiff (s)
From TERRY E. HILL
(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: $137,172.25 L.L.: $.50
Interest 1/05/12-6/6/12 - $3,427.43
Atty's Comm: % Due Prothy: $2.25
Arty Paid: $212.50 Other Costs:
Plaintiff Paid:
Date: 1/17/12 aaC?
David D. Buell, Prothonotary
(Seai)
Deputy
REQUESTING PARTY:
Name: LOUIS P. VITTI, ESQUIRE
Address: VITTI & VITTI & ASSOCIATES„ P.C.
215 FOURTH AVENUE
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-1725
Supreme Court ID No. 1072
-1p.,
'. 0
2')' 2 AP 2 5 HI 1: 2 L.,
.IMBERLAIND COUNT"t'
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, ) No. 2011-8495
vs. )
TERRY E. HILL, )
Defendants. )
PRAECIPE TO REISSUE 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 137,172.25
Interest 04/23/12-09/05/12 3,021.55
Total 140,193.80
The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate
in:
Township of Southampton, County of Cumberland County, Cmwlth of Pennsylvania. HET a dwg k/a 125
Ridge Avenue, Biglerville, PA 17307. Parcel Number 39-16-0224-014.
-6uis-P. Vitti, Esquire
Attorney for Plaintiff
SaT)
?& a-7 4a3N
iN '= COURT OF COM,ON PLEAS OF CUMBERLMD COUNTY, Pz._II SYLVANIA
_ CIVIL DIVISION -- - -- - --
PRAECIPE FOR WRIT OF E=JTION
emotion :
( ) Confessed Judgment
: ( ) 0-ther
VS. TO THE PR THONOTARY OF THE SAID COURT:
File No.
'4-'o 1I - `%LH
Amount Due12?-j t-I a
interest
Atty's Corm
Costs
':he undersigned hereby certifies that the below does not arise out of a retail
anstalluent sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
axi-ended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above ratter to the Sher ff of L&wo-Y?A
County, for debt, interest and costs upon the following described prope_--ty of the
defendant(s)
PRAE)= FOR ATT-ACHPgN? ELUTION
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 desc- ption; supply four
espies of leng'Lhy personalty list )
and all other prope_--ty of the defendant(s) i n the possession, custody or control of the
said carnishee(s).
(Indicate) Index. this writ against the carnishee(s) as a >;s pendens against
peal estate of the defendant(s) described in the attached t.
SATE : 2? Signature:.
?=int Name:
6dress: "Z` k 2 t?Qx1i )C?
-f?l 22-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, ) No. 2011-8495
Vs. )
TERRY E. HILL, )
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 125 Ridge Road, Biglerville, PA 17307.
V
Louis P. Vitti, Esquire
SWORN to and subscribed
before me this 23rd day
of April, 2012. t
ON,
Notary Public
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, ) No. 2011-8495
vs. )
TERRY E. HILL, )
Defendants. )
LEGAL DESCRIPTION
All that certain tract of land shown and delineated as Parcel "A" on a certain subdivision plan for Martin
J. Reese and Curfinan and Zullinger, Registered Surveyors, which subdivision plan is duly approved and
recorded in the Cumberland County Recorder of Deeds office, in and for Cumberland County, at Plan
Book 75, Page 53, situate in Southampton Township, Cumberland County, Pennsylvania, and being more
particularly bounded and described as follows, to wit:
BEGINNING at a point in the roadbed of the Ridge Road, a State Forest road; thence over the Ridge
Road, north forty-nine (49) degrees twenty-five (25) minutes nineteen (19) seconds East, a distance of one
hundred and zero hundredths (100.00) feet to an existing spike; thence along other lands of grantee, South
forty (40) degrees thirty-seven (37) minutes thirteen (13) seconds East, a distance of one hundred sixty-
five and seventy-seven hundredths (165.77) feet passing through an existing point on line twenty-four and
ninety hundredths (24.90) feet from the aforesaid existing spike to an existing iron pin; thence continuing
along other lands of the grantee, North forty-eight (48) degrees fifty-six (56) minutes twenty-seven (27)
seconds East, a distance of one hundred and zero hundredths (100.00) feet to an existing iron pin; thence
continuing along other lands of the Grantee, North forty (40) degrees thirty-seven (37) minutes for (04)
seconds West, a distance of one hundred sixty-four and ninety-three hundredths (164.93) feet to an
existing spike in a roadbed of the Ridge Road, passing through an existing point on line nineteen and
eighty-five (19.85) feet from the aforesaid existing spike; thence over the Ridge Road, North forty-nine
(49) degrees twenty-five (25) minutes nineteen (19) seconds East, a distance of sixty-seven and fifty-two
hundredths (67.52) feet to a point passing through an existing nail thirty-two and forty-nine (32.49) feet
from the said point; thence along other lands now or formerly of the Grantor, South forty (40) degrees
thirty-seven (37) minutes four (04) seconds East, a distance of two hundred sixty-four and ninety-four
(264.94) feet, passing through a set point on line thirteen and nineteen hundredths (13.19) feet from the
aforesaid point in the roadbed of Ridge Road, to a set iron pin; thence along other land of Grantor, South
forty-eight (48) degrees fifty-six (56) minutes twenty-seven (27) seconds West, a distance of three
hundred and zero hundredths (300.00) feet to a set iron pin; thence along other lands of Grantor, North
forty (40) degrees thirty-seven (37) minutes thirteen (13) seconds West, a distance of two hundred sixty-
six and sixty-one hundredths (266.61) feet to the point and place of beginning, passing through a set point
on line ten and fifty-seven hundredths (10.57) feet from the aforesaid point of beginning.
With the appurtenances: TO HAVE AND TO HOLD the same to and for the use of the said Grantee(s),
his, her, their, heirs, successors, and assigns.
forever, And the Grantor(s) for his/her/their heirs, successors,
and assigns hereby covenant and agree that they will warrant generally the property hereby conveyed.
NOTICE: This document may not does not sell, convey, transfer, include or insure the title to the coal and
right of support underneath the surface land described or referred to herein, and the owner or owners of
such coal may have/have the complete legal right to remove all of such coal and, in that connection,
damage may result to the surface of the land and any house, building or other structure on or in such land.
The inclusion of this notice not enlarge, restrict or modify any legal rights or estates otherwise created,
transferred, excepted or reserved by this instrument. (This notice is set forth in the manner provided in
Section 1 of the Act of July 17, 1957, P.L. 984, as amended, and is not intended as notice of unrecorded
instruments, if any.)
Having erected thereon a dwelling known as 125 Ridge Road, Biglerville, PA 17307.
Parcel 39-16-0224-014
Being the same premises which Leann M. Zeigler-Jonas, formerly known as Leann M. Zigler and
Christopher T. Jonas, her husband by deed dated 10/10/08 and recorded 11/05/08 in the Recorder of Deeds
Office of Cumberland County, Pennsylvania in Instrument # 200836225, granted and conveyed unto Terry
E. Hill.
r .'
V iLE C-GI-FICE
.,,F THE PROTHONOTARY
20!2 AUG -7 AN 9: 43
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
NO. 2011-8495
AMENDED AFFIDAVIT PURSUANT
TO RULE 3129.1
VS.
TERRY E. HILL,
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, PENNSYLV.
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, ) No. 2011-8495
VS. )
TERRY E. HILL, )
Defendants. )
PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praec
the Writ of Execution was filed the following information concerning the real property located
Ridge Road, Biglerville, PA 17307
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Terry E. Hill 125 Ridge Road
Biglerville, PA 17307
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 I
the real property to be sold:
Name:
Moffitt Heat & Vascular Group
c/o Gail Guida Souders
Guida Law Office PC
Address (Please indicate if this
cannot be reasonably ascertained)
111 Locust Street
Harrisburg, PA 17101-1409
4. Name and address of the last recorded holder of every mortgage of record:
Name Address (Please indicate if this
cannot be reasonably ascertained)
for
125
on
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 bn the
property and whose interest may be affected by the sale:
Name Address (Please indicate if this
cannot be reasonably ascertained)
Bobbie Jo Hill 50 Monark Drive
Carlisle, PA 17013
7. Name and address of every other person of whom the Plaintiff has knowledge who hs 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 Southampton Township
C/o Vivian Coy
Shippensburg Borough 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
PA Dept. of Sheriff Sales
Bureau of Compliance
200 Airport Road
Shippensburg, PA 17257
111 N. Fayette Street
P.O. Box 129
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
Dept. #281230
Harrisburg, PA 17128-1230
Tenant/Occupant
125 Ridge Road
Biglerville, PA 17307
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge or information and belief I understand that false statements herein are made subj
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
August 3. 2012
Date
SWORN to and subscribed
before me this 3rd day
of August, 2012.
Louis P. Vitti, Esquire
Attorney for Plaintiff
Ito the
Notarial Seal
Sherry L. House, Notary Public
City of Pittsburgh, Allegheny County.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson t"ice
Sheriff
Ae
w h
Jody S Smith d i�trn
Chief Deputy . 1 P" r'•
Richard W Stewart CUMBERLAND COUNTY
Solicitor OFEICE OF flr SKERIFF PENNSYLVANIA
PNC Bank, National Association Case Number
vs. 2011-8495
Terry E. Hill
SHERIFF'S RETURN OF SERVICE
04/26/2012 Writ re-issued 1/17/2012.
06/25/2012 Robert Bitner, Deputy Sheriff, 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 125 Ridge Road, Biglerville, PA 17307.
06/25/2012 08:40 PM - Deputy Robert Bitner, 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 125 Ridge Road, Biglerville, PA 17307, Cumberland County.
07/03/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and
inquiry for the within named Defendant, to wit: Terry E. Hill , but was unable to locate the Defendant in his
bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled
action, as"Not Found"at 125 Ridge Road, Biglerville, PA 17307, address is vacant, defendant did not
leave a forwarding address at the post office.
08/08/2012 As directed by Louis P Vitti, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/5/2012
08/14/2012 As original legal description published was incorrect from the attorney, re-advertising was required for the
re-issued Writ for the 9/5/12 Real Estate Sale that was continued to 12/5/12 Real Estate Sale.
09/07/2012 Real Estate with alternate address recieved this date in order to attempt service upon defendant Terry E.
Hill at: 414 Kara Way, Shippensburg, PA 17257. (Franklin Co)
09/07/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and
inquiry for the within named Defendant, to wit: Terry E. Hill, but was unable to locate the Defendant in his
bailiwick. He therefore deputized the Sheriff of Franklin County to serve the within Real Estate Writ,
Notice and Description, in the above titled action, according to law.
09/19/2012 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff
of Franklin County upon Terry E. Hill, personally, at 414 Kara Way, Shippensburg, PA 17257 at 1430 hrs.
So Answers: Angel Laviena, Deputy Sheriff.
12/05/2012 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, 1 Courthouse Square, Carlisle, PA on December 5, 2012 at 10.00 a.m.
He sold the same for the sum of$1.00 to Attorney Louis Vitti on behalf of PNC Bank, National
Association, being the buyer in this execution, paid to the Sheriff the sum of$
07/23/2013 Deed was rejected by the Tax Assessment office, due to missing information on the legal description
provided by Attorney Vitti, per Atty Vitti this date, no deed can be recorded until the legal description and
what is referred to as a"partial foreclosure" is resolved. CAB.
SHERIFF COST: $3,123.81 LM,DO /)„Q SO ANSWERS,
.2.9s' tot co.
February 07, 2014 •Sa LL P"• RONR ANDERSON, SHERIFF
a.0 990�
/ 'cu fi 1ff-:Yelp 0, Inc.
z`e 1 A pre 4001.2 the Sheriff levied upon the defendant's
tkt-e. si the real property situated in South Hampton
�41a7 i
//�� m rld County, PA, known and
`' wen s�h ,
numbered 125 Ri ge Road, Biglerville, PA 17307 more
fully described on Exhibit "A" filed with this writ and by
this reference incorporated herein.
Date: April 26, 2012
By: NI ef v e_j)Vi 14A/di
Claudia Brewbaker, Real Estate Coordinator
2 j ` [ r
CUMBERLAND LAW JOURNAL
Writ No. 2011-8495 Civil Term ing through an existing point on line
nineteen and eighty-five(19.85)feet
PNC Bank,NA from the aforesaid existing spike;
vs. thence over the Ridge Road, North
forty-nine (49) degrees twenty-five
Terry E. Hill (25) minutes nineteen (19) seconds
Atty.: Louis P.Vitti East, a distance of sixty-seven and
All that certain tract of land shown fifty-two hundredths (67.52) feet to
and delineated as Parcel"A"on a cer- a point passing through an existing
tain subdivision plan for Martin J. nail thirty-two and forty-nine(32.49)
Reese and Curfman and Zullinger, feet from the said point;thence along
Registered Surveyors, which sub- other lands now or formerly of the
division plan is duly approved and Grantor, South forty (40) degrees
recorded in the Cumberland County thirty-seven (37) minutes four (04)
Recorder of Deeds office, in and for seconds East, a distance of two
Cumberland County, at Plan Book hundred sixty-four and ninety-four
75, Page 53, situate in Southamp- (264.94) feet, passing through a set
ton Township,Cumberland County, point on line thirteen and nineteen
Pennsylvania, and being more par- hundredths (13.19) feet from the
ticularly bounded and described as aforesaid point in the roadbed of
follows,to wit: Ridge Road,to a set iron pin;thence
BEGlininG at a point in the along other land of Grantor, South
roadbed of the Ridge Road, a State forty-eight (48) degrees fifty-six (56)
Forest road; thence over the Ridge minutes twenty-seven (27) seconds
Road, north forty-nine (49) degrees West, a distance of three hundred
twenty-five (25) minutes nineteen and zero hundredths (300.00) feet
to a set iron pin
(19) seconds East, a distance of ;thence along other
de-
one hundred and zero hundredths lands of Grantor,North forty(40)de-
100.00 feet to an existing spike; grees thirty-seven(37)minutes thir-
(100.00) g p teen (13) seconds West, a distance
thence along other lands of grantee, of two hundred sixty-six and sixty-
South forty(40)degrees thirty-seven one hundredths (266.61) feet to the
(37) minutes thirteen (13) seconds point and place of beginning,passing
East, a distance of one hundred through a set point on line ten and
sixty-dive and seventy-seven hun- fifty-seven hundredths (10.57) feet
dredths(165.77)feet passing through from the aforesaid point of beginning.
an existing point on line twenty-four With the appurtenances: TO
and ninety hundredths (24.90) feet HAVE AND TO HOLD the same to and
from the aforesaid existing spike to for the use of the said Grantee(s),his,
an existing iron pin;thence continu- her,their,heirs,successors,and as-
ing along other lands of the grantee, signs.forever,And the Grantor(s)for
North forty-eight(48)degrees fifty-six his/her/their heirs,successors,and
(56) minutes twenty-seven (27) sec- assigns hereby covenant and agree
onds East,a distance of one hundred that they will warrant generally the
and zero hundredths(100.00)feet to property hereby conveyed.
an existing iron pin;thence continu- NOTICE: This document may
ing along other lands of the Grantee, not does not sell, convey, transfer,
North forty(40)degrees thirty-seven include or insure the title to the coal
(37) minutes for (04) seconds West, and right of support underneath the
a distance of one hundred sixty- surface land described or referred
four and ninety-three hundredths to herein, and the owner or owners
(164.93) feet to an existing spike in of such coal may have the complete
a roadbed of the Ridge Road, pass- legal right to remove all of such coal
53
CUMBERLAND LAW JOURNAL
and, in that connection, damage
may result to the surface of the land
and any house, building or other
structure on or in such land. The
inclusion of this notice not enlarge,
restrict or modify any legal rights
or estates otherwise created, trans-
ferred, excepted or reserved by this
instrument. (This notice is set forth
in the manner'provided in Section 1
of the Act of July 17, 1957,P.L.984,
as amended, and is not intended as
notice of unrecorded instruments,
if any.)
Having erected thereon a dwelling
known as 125 Ridge Road,Biglerville,
PA 17307.
Parcel 39-16-0224-014
Being the same premises which
Leann M. Zeigler-Jonas, formerly
known as Leann M.Zigler and Chris-
topher T. Jonas, her husband by
deed dated 1 0/1 0/08 and recorded
11/05/08 in the Recorder of Deeds
Office of Cumberland County,Penn-
sylvania in Instrument#200836225,
granted and conveyed unto Terry
E. Hill.
54
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_:
July 27, August 3, and August 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.
Marie Coyne, Edit
SWORN TO AND SUBSCRIBED before me this
...10 day of August, 2012
C /
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 he patriot*Ntws
Suite 300
Mechanicsburg, PA 17050 Now you know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
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.
I 2011-8495 CM Term
PNNt!Bank,NA This ad ran on the date(s)shown below:
'YS
To NM 07/27/12
rrX�
Airy:Louis P VIM
Ri All that certain tract of land shown and 08/03/12
-1 delineated as Parcel"A"on a certain 08/10/12
subdivision plan for Martin J.Reese
Surveyors,which subdivision plan Registered
duly p 1 so IA A
- approved and recorded in the Cumberland `M •
County Recorder of Deeds office,in and
for Cumberland County,at Plan Book 75,
Page 53,situate in Southampton'Ibwnship, Sworn d - •scri•-d befor- met
7 day Aug st, 20
12 A.D.
Cumberland County,Pennsylvania,and
being oe part and
A-'61
v(descr bed as follows,to wi t:
C BEGlininG at-a point in the roadbed
' of the Ridge Road,a State Forest road; Notary Public
thence over the Ridge Road,north forty-
nine degrees twenty-five(25)minutes COMMONWEALT
1 nineteen een(19)seconds East,a.dietan ce COMMONWEALTH OF PENNSYLVANIA
v of one hundred and zero hundredths I Notarial Seal
(100.00)f et tcriin misting splice;thence , Sherrie L.Owens,Notary Public
along other lands of grantee,South forty Lower Paxton Twp.,Dauphin County
(40)dopes th9ltrsw(31)minutes r My Commission Expires Nov.26,2015
thirteen(13)seconds Bast,a distance of > MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
one hundred sixty-five and seventy-seven t
hundredths(165.77)feet Ong through K
an exiting point ne teeni$14459*"
ninety hundredths(2.90)feet from the
aforesaid waning spl7Ce to an existing iron
mn•t6anr»mntlOntl1D A1(Sn4 OtliatlALdYrif-
2e_ rL
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 11-8495 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY: *
To satisfy the debt,interest and costs due I'NC BANK, NATIONAL ASSOCIATION, 'Plaintiff(s)
From TERRY E.HILL
(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: $137,172.25 L.L.: $.50
Interest 1/05/12-6/6/12-$3,427.43
Atty's Comm: % Due Prothy:$2.25
Atty Paid:$212.50 Other Costs:
Plaintiff Paid:
Date: 1/17/12
David D.Bu-11,Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name: LOUIS P.VITTI,ESQUIRE
Address: VITTI&VITTI&ASSOCIATES,P.C.
215 FOURTH AVENUE
PITTSBURGH,PA 15222
Attorney for:PLAINTIFF
Telephone:412-281-1725
Supreme Court ID No. 1072
A
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS:
I, Tammy Shearer, 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
5th day of December A.D., 2012, under and by virtue of a writ Execution issued on the 17th day of
January, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number
8495, at the suit of PNC Bank,N.A. against Terry E. Hill is duly recorded as Instrument Number
201403662.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this day of
, A.D. aQ(L(
Recorder of Deeds
Recorder of Deeds,Cumberland County,Carlisle,PA
My Commission Expires the First Monday of Jan.2018