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HomeMy WebLinkAbout12-4139'HE PROTHONOTARY 2312 JUL -2 PH 1.- 3a EI ERLANO COUNTY !'ENNSYLVANI?A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION /? ??,??5 ! Cltll? NO. Plaintiff, vs. CHRISTOPHER BARR Defendants. TO 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/ oCoij V. Vau Attorney for Plaintiff COMPLAINT IN MORTGAGE FORECLOSURE 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 S ow? ?u Ins. 7-5fd a? 10- It I ??a-n ISa PNC,BANK, NATIONAL ASSOCIATION, Plaintiff, VS. CHRISTOPHER BARR, 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 AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE NOW, comes the Plaintiff by its attorneys, Vitti & Vitti & Associates, P.C. and 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 859 Mandy Lane, Camp Hill, PA 17011. The property address is 859 Mandy Lane, Camp Hill, PA 17011 and is the subject of this action. 3. On the 27th day of April, 2007, in consideration of a loan of Two Hundred One Thousand Four Hundred Eight Dollars and 00/100 ($201,408.00) 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 1St day of May, 2007, in the Office of the Recorder of Deeds of Cumberland County, at Book No. 1990, Page No. 2273. 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, a division of National City Bank. 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 February 1, 2012, 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date set forth thereon, and the temporary stay as provided the said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 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 Two Hundred Eleven Thousand Dollars and 06/100 ($211,000.06) with interest and costs. Respectfully submitted, VITTI & OCIATES, P. C. BY: Lois M itti, squire Attorney for Plaintiff SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 189,192.51 Interest @ 6.2500% from 01/01/12 through 6/30/2012 5,863.67 (Plus $32.3960 per day after 6/30/2012) Late charges through 6/27/2012 0 months @ 64.69 Accumulated beforehand 258.76 (Plus $64.69 on the 17th day of each month after 6/27/2012 ) Attorney's fee 9,459.63 Escrow deficit 6,225.49 (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff's sale) BALANCE DUE 211,000.06 EXHIBIT "A" LEGAL DESCRIPTION EXHIBIT "A" ' ALL THAT CERTAIN piece or parcel of land with the improvements thereon erected situate, lying and being in Hampden Town4hln. Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the westerly right-of-way line of Mandy Lane, a fifty (50) toot wide right-of-way, which said point of beginning is located at the intersection of the westerly right-or-way line of Mandy Lane and the dividing line between Lots Nos. 1.58 and 159 on the Plan of Lots known as Countrywide, Section (A); from said point of bang along the westerly line of Mandy Lane, South zero (00) degrees fifty-nine (59) minutes forty. six (46) seconds West, a distance of eighty-five and no one-hundredths (85,00) feet to a point on the dividing line between Lots Nos. 157 and 158 on the aforesaid plan of lots; thence, from said point along the dividing line between Lots Nos. 157 and 158, South seventy-nine (79) degrees twenty (20) minutes fifty-seven (57) seconds West, a distance of two hundred fifty-two and three ono-hundredths (252.03) feet to a point on the easterly bank of the Condoguinet Creek; thence, from said point along the easterly bank of the Condoguiset Creek, North seven (07) degrees eight (08) minutes West, a distance of ninety and no one-hundredths (90.00) feet to a point on the dividing line between Lots Nos, 158 and 159; thence, from said point along the dividing line between .Lots Nos. 158 and 159, North eighty (80) degrees forty-six (46) minutes forty-four (44) seconds East, a distance of two hundred sixty-three and seventy-rive one-hundredths (263.75) feet to a point, the point and place of BEGINNING. BEING Lot No. 158 on the Plan of Guts known as Countryside Section (A), prepared by Charles W. Junkins, Registered Surveyor, dated December 4,1973 and recorded in the Office of the Recorder orDceds of Cumberland County on April 11, 1974, in Plan Book 25, Page 6. BEING THE SAME premises which Brandon C. Baker and Jessica B. Baker, husband and wife, by Deed bearing date the 27th day of April, 2007, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Christopher A. Barr. UNDER AND SUBJECT TO conditions and restrictions which now appear of record PARCEL 010-19-1.598-256 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. Dated: June 27, 2012 PNC, Bank, N.A. Christopher Barr FORM 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL r~ Plaintiff(s) VS. L Z? Defendant(s) 1 ?- q 13 9 Civil 4 r3 i5 -n a tV -O w co NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FRE 6-27-12 Date Y AND TAKE THE FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: _ Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: State: Zip; Yes ? No ? Listing date: Price: $_ Realtor Phone:_ Yes ? No [] Home: Cell: Office: Other: State: Zip: How long? State: Zip: Home: Cell: Office: Other: How long? Date You Closed Your Loan: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed; Value: Other transportation (automobiles boats motorcycles): Model: Year: _ Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2 Morta e Utilities Car Payment(s) Condo/Nei . Fees Auto Insurance Med. not covered Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su rdAlim. Spending Mane Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name):, Contact: Phone: I/We, , authorize the above named to uselrefer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: V Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) Phone: FORM 3 PNC Bank, N.A. Christopher Barr Plaintiff(s) VS. Defendant(s) CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 6-27-12 Signature of Defendant's Counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Date Date Date FORM 4 PNC Bank, N.A. Plaintiff(s) VS. Christopher Barr Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintifUlender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage;, proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY i$P a 2011 .JUL 17 AM 9: e- 0 CUMBERLA14D .. , PENNSYLVANIA PNC Bank National Association vs. Christopher Barr Case Numb, 2012-4139 SHERIFF'S RETURN OF SERVICE 07/09/2012 05:51 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2012 at 1751 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christopher Barr, by making known unto himself personally, at 859 M ndy Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DEP SHERIFF COST: $43.00 July 11, 2012 SO ANSWERS, RbNO'Y R ANDERSON, SHERIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-4139 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 CHRISTOPHER BARR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You aze 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: $212,943.82 Interest 8/30/2012 - 12/5/12 - $3,395.43 Atty's Comm: Atty Paid: $194.25 Plaintiff Paid: Date: 9/4/2012 L.L.: $.50 Due Prothy: $2.25 Other Costs: (Seal) REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: VITTI &VITTI & ASSOC., P.C. 215 FOURTH AVENUE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 ~~ ~4? S~~ ~~~9~ER ~ P~ ~` 53 P~~~ys YL ~ ~Q~N 1'Y !q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV. PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. CHRISTOPHER BARB, Defendant. p~,~,,~ ~a~. 5o a y,~, oD gF ~~~~ tlo• ~ u ci a- so S ~ a~ ~~~y. a CIVIL DIVISION NO. 12-4139 Civil PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this P~Y~ Louis P. Vitti, Esquire Supreme Court #01072 Vitti & Vitti & Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 ~~ .as ~''' ~' ~ . So U- C~# ~~s ~t~so~es ~~~ ~ ~~ ~d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV. CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO. 12-4139 CIVIL Plaintiff, ) vs. ) CHRISTOPHER BARR, ) Defendant. ) PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOS F. TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) above-captioned matter as follows: Amount Due $212,943.82 Interest 8/30/2012-12/5/12 ~ Total X222.598.13 The real estate, which is the subject matter of the Praecipe for Writ of Execution is in: Hampden Twp, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 859 Mandy Lane, Camp 17011. Parcel# 10-19-1598-256 Louis P. Vitti, Esquire Attorney for Plaintiff the PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV. CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO. 12-4139 CIVIL Plaintiff, ) vs. ) CHRISTOPHER BARB, ) Defendant. ) I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute . Defendants' last known address is 859 Mandy Lane, Camp Hill, PA 17011. ~~ Louis P. Vitti, Esquire SWORN to and subscribed before me this 29th day of August, 2012. Notary Public ~ p. . .._ ~,~F . ~~~ . - ~~ ~~ P, '„ 3 the 2012 SEp - 4 p~q ~ : 54 ~~~ ~~tSYt~.y ~tIUNTY ANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO. 12-4139 CIVIL Plaintiff, ) vs. ) CHRISTOPHER BARB, ) Defendant. ) I, Louis P. Vitti, hereby certify that as representative of PNC Bank, National Associatii familiaz with the above-captioned case and various servicing activities related thereto and provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, complied with in the above-captioned case. ouis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 29th day ~t)"''Tvlil~~ '. of August, 2012. 'm_~.p~ x =i. "~,t -~ ~c'L JV 1. ~ l.~- ._...~-~ 1 am the ;been Notary Public r ~.r a.. t~ t~ f i t ~! 1 t 1 iJl 9 ij ~ i.' ~:~` Ai., I Z~~~l2 SEP -[~ P~ 1: ~ ~, ~~~~ERLAND COUN~'Y PENNSYLVANIA " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO. 12-4139 CIVIL Plaintiff, ) vs. ) CHRISTOPHER BARB, ) Defendant. ) AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Assoication, Plaintiff in the above action, sets forth as of the date the Praeci a for the Writ of Execution was filed the following information concerning the real property located t 859 Mandy Hill, Camp Hill, PA 17011. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Christopher Barr 859 Mandy Lane Camp Hill, PA 17011 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 l~en 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: NName 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 ~n the property and whose interest maybe 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 h~s 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 Hampden Twp PAWC Hampden Tpw (Sewer and Trash) 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 230 South Sporting Hill Road Mechanicsburg, PA 17050 PO BOX 578 Alton, IL 62002 230 South Sporting Hill Rd Mecharuscburg, PA 17050 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 Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 859 Mandy Lane Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my p sonal 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. gust 29, 2012 Date SWORN to and subscribed before me this 29th day of August, 2012. Notary Public ouis P. Vitti, Esquire Attorney for Plaintiff ~on~.~ ~.;,. ;; +w s~:i,_ ~;2tY 4i i';;. I ask. ~_ ~..k.__e~'.'~'~';..__ _.. T ;. ~, ,;w ~~~ _. NOTICE OF°SHERIFF'S SALE OF ~ ~°-~ ., .REAL ESTATE PURSUANT TO r ~ ~ ` '~== PENNSYLVANIA .RULE OF CIVII~ ~~ ' '~ PROCEDURE 3129.1 ~ ~ ~' { .cep -v v n =~ ~, c~;. z ~ ~ ~ ~~-. ~ ~'" TO: Christopher BAn -< ~. 859 Mandy Lane Camp Hill, PA 17011 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Co on Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, then will be exposed to Public Sale in Cumberland County Courthouse on December 5, 2012 at 10:00 A.M ,the following described real estate, of which are owners or reputed owners: Hampden Twp, Cty of Cumberland, Cmwlth of 1'A. HET a dwg k/a 859 Mandy Lane, Camp H' , PA 17011. Parcel# 10-19-1598-256 The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of NC Bank, National Association vs. Christopher Barr at 12-4139 Civil in the amount of $212,943.82. 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 Sate must be filed with the Office f the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office f the Sheriff. The-Writ of Execution has been issued because there is a judgment against you. It may taus 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 ' ghts you must act promptly. YOU SHOULD TAKE TffiS NOTICE AND THE WRIT OF EXECUTION TO Yd LAWYER AT ONCE. TF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, TO OR TELEPHONE THE OFFICE SET'FORTH BELOW TO FIND OUT`WHERE YOU E 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 ord~r to exercise those rights, prompt action on your part is necessary. A lawyer maybe able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occu~s, 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 N tice to Defend, you may have the: right to have the judgment opened in you promptly file a petition wi the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. I the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of wh ther 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 alid return of service of the Complaint and Notice to Defend or if the judgment was entered before twee (20) days after service or in certain other events. To exercise this right, you would have to file a petiti n to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sh 'fFs Sale if you can show a defect' in the Writ of Execution or service or demonstrate any other leg or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a gr ssly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should le 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 th date when the Schedule of Distribution is filed in the Office of the Sh ' Louis 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. INFORMATION WE OBTAIN WII,L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIO SLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SH ULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCE T OF A LIEN AGAINST PROPERTY.** =~~_, T~!,r' , 1C~~SE~-4 FPS t:;~ ~~~~t~~~RLHlVD COt1~iTY p~~''15YLVA~~lA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. CHRISTOPHER BARB, Defendant. CIVIL DIVISION NO. 12-4139 Civil PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this p~Y~ Louis P. Vitti, Esquire Supreme Court #01072 Vitti &Vitti & Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 qM,{ `~.so~d Q~ Ck-~ ~BIoS W° `' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO. 12-4139 CIVIL Plaintiff, ) vs. ) CHRISTOPHER BARB, ) Defendant. ) PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $212,943.82, in favor of the PNC Bank, National Association ,Plaintiff in the above-captioned action, against the Defendants, Christopher Barr and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 1/1/12-8/29/2012 (Plus 6% per day after 8/29/2012) Late charges (Plus $64.69 per month from 6/27/12-12/5/12 $388.14) $189,192.51 7,807.43 258.76 Attorney's fee Escrow Deficit (Plus any additional chazges that maybe incurred by the Plaintiff and transmitted to the sheriff as chazges on the writ prior to the date of the sheriff s sale) Total Amount Due 9,459.63 6225.49 $212.943.82 The real estate, which is the subject matter of the Complaint, is situate in Hampden Twp, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 859 Mandy Lane, Camp Hill, PA 17011. Pazcel# 10-19-1598-256. ~~~"~~~ ,,wv/ Louis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO. 12-4139 CIVIL Plaintiff, ) vs. ) CHRISTOPHER BARB, ) Defendant. ) 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 August 7, 2012, giving ten (10) day notice that judgment would be entered should no action be taken. VITTI & VITTI & ASSOCIATES, P.C. B . Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 29th day ~, of August, 2012. Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO. 12-4139 CIVIL, Plaintiff, ) vs. ) CHRISTOPHER BARB, ) Defendant. IlVIPORTANT NOTICE TO: Christopher Barr 859 Mandy Lane Camp Hill, PA 17011 Date of Notice: August 7, 2012 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 IlvIPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOICATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1.800.990.9108 (717) 249-3166 VI'I"IT S C S, PC • , ~ BY. Louis P. 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, TffiS 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 Members Civil Relief Act of 2004. V~ Louis P. Vitti, Esquire SWORN to and subscribed before me this 29th day of August, 2012. ~-` Notary Public IN THE C(~ ~ COMMON PLEAS OF CUMBERLAND COi7NTY, PENNSYLVANIA CIVIL DIVISION CIVIL DIVISIOIJ PNC BANK SAL ASSOCIATION, No. 12-4139 Civil Plain : AFFIDAVIT O]? SERVICE CHRISTOPI~ : ! IZR, Code 140-MORTGAGE FORECLOSURE Defe~~ : Filed on behalf of Plaintiff Counsel of record for this p~'~ Louis P. Vitti, Esquire Supreme Court #01072 . , ~;; .. , Vitti &Vitti & Assoc., P.C. 215 Fourth Ave ~ - - ~-' Pittsburgh, PA 15222 ~~ ~.a ~~ (412) 281-1725 - T3 ,_ __ -; , .. .~ .. ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) No. 12-4139 Civil Plaintiff, ) vs. CHRISTOPHER BARB, Defendants. AFFIDAVIT OF SERVICE I, Louis P. Vitti, do hereby certify that the Notice of Sale has been served upon the Defendants by The Sheriff of Cumberland County on October 2, 2012 and all Lien holders, by Certificate of Mailing, for service in the above-captioned case on September 11, 2012 advising them of the Sheriff s sale of the property 859 Mandy Lane, Camp Hill, PA 17011 on December 5, 2012. VITTI & I & ASS TES, P.C. Louis P. Vitti SWORN to and subscribed before me this 21st day of November, 2012. ~~ Notary Public S f~: S.. ... U.S. POSTAL SERVICE CERTIFICATE OF MAILNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FORINSURANCE-POSTMASTER Received Fmm: Vitti 8 Vitti 8~ Associates. P.C. 215 Fourth Avenue. Pittsburgh. PA 15222 One piece of odinary mail addressed to: Tax Collector of Hampden Twp 230 South Hill road Mechanicsburg, PA 17050 ra roan snT r, uanuary zuu~ U.S. POSTAL SERVICE CERTIFICATE OF MAILNG MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti 8r Vitti 8 Associates. P.C. 215 Fourth Avenue. Pittsburgh, PA 15222 One piece of ordinary mail addressed to: PAWC PO Box 578 Alton, IL 62002 ra roan say r, January ~vu~ U.S. POSTAL SERVICE CERTIFICATE OF MAILNG MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti &Vitti Sr Associates. P.C. 215 Fourth Avenue, Pittsburgh PA 15222 One piece of odinary mail addressed to: Hampden Twp (Sewer & Trash) 230. South Sporting Hill Road Mechanicsburg, PA 17050 r o rug i i i ~o u, uci wai y coo I U.S. POSTAL SERVICE CERTIFICATE OF MAILNG MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From Vitti 8 Vitti 8 Associates. P.C. 215 Fourth Avenue. Pittsburgh PA 15222 One piece of ordmary mail addressed to.- Pennsylvania Department of Revenue Office of Chief Counsel Inheritance Tax Dept. PO Box 281061 Harrisburg, PA 17128 - Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. $1.150 US POSTAGE FIRST-CLASS ~ 06250007061721 15222 ~~ ~ - -_--- r ~~.- AfFlx fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. $1.150 US POSTAGE FIRST-CLASS ~ 06250007065222 ~ '~ Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. $1.150 US POSTAGE FIRST-CLASS os2sooo7os1721 15222 N Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. $1.150 FIRSTO-SC~SS _~ oszsooo7osn21 N 15222 ~'. .~~ ;'3 .~~ `~ a ~M -. C1 ~~~ ra roan oa~l r, January zuvl HB/ Barr '~~ - ~ 1 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: Commonwealth of PA-DPW P.O. Box 8016 Harrisburg, PA 17105 $1.150 US POSTAGE FIRST-CLASS ~ 062S0007061721 q 15222 ~ ~ ~ •,a 3 NS Form 3817,Janua 2001 MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received F rom: Vitti 8r Vitti & Associates. P.C. 215 Fourth Avenue, Pittsburgh. PA 15222 $1.150 One piece of ordinary mall addressed to: US POSTAGE Cl k f C rt 2 ooo os 2s er o ou s n os s 7 17 Criminal/Division N 15222 ~ .. ' One Courthouse Square `~ ~ Carlisle, PA 17013 - MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti 8 Vitti & Associates. P.C. 215 Fourth Avenue. Pittsburgh, PA 15222 $1.15 g US POSTAGE One piece of ordinary mail addresaeii to. N FIRST-CLASS 062.50(]0761 721 Tax Claim Bureau of Cumberland County ~ ~ 1 s222 Cumberland Count Courthouse N ~'~ 4 y One Courthouse Square -~ ----~ Carlisle, PA 17013 PS Form 3817,Janua 2001 MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received F vmr Vitti 8 Vitti & Associates. P.C. 215 Fourth Avenue. Pittsburgh, PA 15222 $1,15 ~ US POSTAGE one piece of ordinary mail addressed to: FIRST-CLASS ~ 062S000706522~' Court of Common Pleas of Cumberland N County Domestic Relations Division ~ ~~ P.O. Box 320 ~'_--,________=~, Carlisle, PA 1701:3 • y,'s"r ~ {: ~. ;:~;:: ~'"'~ s 3817, January 2001 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 75222 One piece of ordinary mail addressed to: PA Dept. of Sheriff Sales Bureau of Compliance Dept. # 281230 Harrisburg, PA 17128-1230 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Vitti 8r Vitti & Associates. P.C. 215 Fourth Avenue. Pittsburgh PA 15222 One piece of odinary mail addressed to: Tenant/Occupant 859 Mandy lane Camp Hill, PA 17011 PS Form 3817, January 2001 $1.150 US POSTAGE FIRST-CLASS ~ 062S0007065222 ~ •~, '~ $1.15a US POSTAGE FIRST-CLASS ~ 062S00070615222 .•