HomeMy WebLinkAbout12-4519
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC Bank, National Association,
Plaintiff,
vs.
Robert E. Swavola,
Defendants.
TO DEFENDANT(S):
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT
TN MORTC!G? FORECLOSURE WITHIN TWENTY (20) DAYS FROM
SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED
AGAINST YOU.
By: /S/ k9admoy
Attorney for Plaintiff
CIVIL DIVISION
NO. /2 - -4l Sl Q ?C?( L
COMPLAINT IN MORTGAGE
FORECLOSURE
MORTGAGE FORECLOSURE
Filed on behalf of Plaintiff
Counsel of record for this party:
Rodney Permigiani, Esquire
PA I.D. #33311
Vitti & Vitti & Associates, P.C.
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
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PNC Bank, National Association,
Plaintiff,
vs.
Robert E. Swavola,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No.
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST TI
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTIC
WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE All
SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY TF
ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES All
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNE
THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND
JUDGMENT MAY BE ENTERED AGAINST YOU BYTHE COURT WITHOUT FURTHI
NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHE
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY C
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YI
SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO 4
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN G
LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER L
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
E
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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 bu
located at 3232 Newmark Drive, Miamisburg, OH 45342. Plaintiff is the holder of
mortgage and is seeking enforcement of the mortgage through foreclosure.
2. The Defendant, and his late spouse, are individuals who reside at 2 Johns
Mechanicsburg, PA 17050. The properly address is 18 Jane Lane, Carlisle, PA 17013 and is
the subject of this action.
3. On the 23rd day of April, 2009, in consideration of a loan of One Hundred
Two Thousand Six Hundred Ninety Two and 00/100 ($182,692.00) Dollars made
National City Mortgage, a Division of National City Bank, to Defendant, and his late
the said Defendant, and his late spouse, executed and delivered to National City
a Division of National City Bank, a "Note" secured by a Mortgage with the Defendant, ar?d
his late spouse, as mortgagor and National City Mortgage National City Mortgage, as
mortgagee, which mortgage was recorded on the 28th day of May, 2009, in the Office of
the Recorder of Deeds of Cumberland County, at Instrument No. 200917557. The sa d
mortgage is incorporated herein by reference thereto as though the same were set
fully at length. The Plaintiff, PNC Bank, National Association is successor by merger
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 payab
or in case default shall be made in the payment of any installment of principal a
interest, or any monthly payment, keeping and performance by the mortgagor of any
the terms, conditions or covenants of the mortgage or note, it shall be lawful 1
mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon t
mortgage, of principal debt, interest and all other recoverable sums, together wl
attorney's fees."
6. Since July 1, 2011, the mortgage has been in default by reason, inter alia,
the failure of the mortgagor(s) to make payments provided for in the said
(including principal and interest) and, under the terms of the mortgage, the entire
sum is due and payable.
7. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice
Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended lin
1998, and/or Notice of Default as required by the mortgage document, as applicable, hi
been sent to the Defendant(s) on the date set forth thereon, and the temporary stay
provided the said notice has terminated because Defendant, and his late spouse, has/hi
failed to meet with the Plaintiff or an authorized consumer credit counseling agency,
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 rel
from liability for the debt secured by the mortgage any mortgagor, personal
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 Pennsyl
Plaintiff demands judgment for the amoun
08/100 ($208,006.08) with interest and cc
BY:
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance 176,193.41
Interest @ 4.8750% from 06/01/11 through 7/31/2012 10,59.06
(Plus $23.6128 per day after 7/31/2012 )
Late charges through 7/17/2012
0 months @ 50.61
Accumulated beforehand 86.16
(Plus $50.61 on the 17th day of each month after 7/17/2012 )
Attorney's fee 8,39.67
Escrow deficit
(This figure includes projected additional charges that may be incurred by the Plaintiff and
transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale)
BALANCE DUE
EXHIBIT "A"
LEGAL DESCRIPTION
That certain tract or parcel of land and premisos. situato, lying and being in the 'township of
North Middleton in the County of Cumberland and Commonwealth of Pennsylvania. more
particularly described as liillow.s:
Being Lot No. 3 on the Plan or e cticn 9 of :Noll Matior as recorded in the Office of the Recorder
of Deeds for Cumberland County in Plan Book 24, Page 104: containing 85 feet along Jane
lane. ha Ang. a depth along the South of 1251ect tdtmg Lot No. 4 on said Plan, having a width in
the rear along the Last of 85 fmt and having a depth along the North along Lot No. 2 on said
Plan or 125 iG4t.
Being the same premises which Gary B. Davis, widower, conveyed onto Robert E. Swavola and
Joy (,e A. Swavola, husband and wife, by deed dated January 15, 1992 and recorded January 12,
1992 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in
Book M35. Page 212.
Rarcel No- 26.16-10%-074
Commonly known as: 18 Jane Lane, Carlisle, PA 17013
VERIFICATION
AND NOW Rodney Permigiani verifies that the statements made in this Compl
are true and correct to the best of his information and belief. I understand that
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating
unsworn falsification to authorities.
By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and
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.
ney
Dated: July 17, 2012
FORM 1
: IN THE COURT OF COMMON PLEAS OF
PNC Bank, National Association, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
Robert E. Swavola,
Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOS
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
be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with
lender.
If you do not have a lawyer, you most 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 financi
worksheet in the format attached hereto, the legal representative will prepare and file a Request for Concilia
Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon yc
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 comp]
a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliat
Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon yot
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.
of
of
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
:c h+7
Respec ,?bmitttce • rte' c_
July 17. 2012
Date
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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: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
Mailing Address:
City: State: Zip:
Phone Numbers: Home: _ Office:
Cell: Other:
Email:
# of people in household: How long?
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 ?
Date You Closed Your Loan:
Total Mortgage Payments Amount: $
Date of Last Payment: _
Primary Reason for Default:
Included Taxes & Insurance:
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:
Amount owed: Value:
Automobile #2: Model:
Amount owed.. Value:
Other transportation (automobiles, boats, motorcvcles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.
Year:
Year:
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
Mortgage Food
2 Mortgage Utilities
Car Pa ent s Condo/Nei . Fees
Auto Insurance Med. not covered
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Su rt/Alim. Spending Money
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:
Phone:
I/We, , authorize the above
named to use/refer this information to my lender/servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I/We
understand that Uwe 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
Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
Listing agreement (if property is currently on the market)
3
FORM 3
PNC Bank, National Association,
Plaintiff(s)
vs.
Robert E. Swavola,
Defendant(s)
CIVIL
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated , 2012 governing the C
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby
as follows:
1. Defendant is the owner of the real property which is the subject of this
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
unsworn falsification to authorities.
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, National Association, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
CIVIL ACTION
vs.
Robert E. Swavola, NO.
Defendant(s)
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 plaintiff/lender 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.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson i=~~~ _f~'~i~' ~" ~~'"
`
Sheriff : !~-,j~ ~i~~"N~~#Q~~i'i"'
~~«~ttr of ~u~~y~rr~~ .
Jody S Smith
Chief Deputy m
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~1~ AUG i 7 A~1 9~ 12
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Richard W Stewart ``"'`° r^~M~~~'~,~N l:C~lf~Tet'
so/icitor c~~~'ee ~sF'"~ ~~~~~~~ FE1~~SY~.~AN1 ~`
PNC Bank Na#ional Association
vs. Case Number
Robert E. Swavola 2012-4519
SHERIFF'S RETURN OF SERVICE
08/07/2012 06:58 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on Aug
7, 2012 at 1858 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Not
of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Rot
E. Swavola, by making known unto himself personally, at 2 Johns Drive, Mechanicsburg, Cumberland
County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true
and correct copy of the same.
SHERIFF COST: $44.00
August 10, 2012
SO ANSWERS,
(~-• Ct~
R ANDERSON, SHERIFF
(c) Gowtv5uite Shenft, "fel~osoft, Inc.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
'It"� "�J
Sheriff j THE Pf?c Tf�
at �aarbrr/ midi
Jody S Smith `` 1113 MA Y -8 AH 10:
Chief Deputy
Richard W Stewart CUMBEPlANd COUINT;'
Solicitor PEtiftSYLVANIX
PNC Bank National Association Case Number
vs. 2012-4519
Robert E. Swavola
SHERIFF'S RETURN OF SERVICE
01/08/2013 08:30 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 18 Jane Lane, Carlisle, PA 17013, Cumberland County.
01/15/2013 04:42 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be SCOTT
SWAVOLA-BROTHER, who accepted as"Adult Person in Charge"for Robert E. Swavola at 2 Johns
Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County.
02/21/2013 Affidavit of Service to Lienholders Filed in Sheriffs Office
03/07/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold
the same for the sum of$ 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$
SHERIFF COST: $935.15 SO ANSWERS,
May 06, 2013 RbNW R ANDERSON, SHERIFF
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3
S
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK.,NATIONAL ASSOCIATION,
Plaintiff, NO: 2012-4519
Vs
ROBERT E. SWAVOLA,
Defendant.
AFFIDAVIT PURSUANT TO RULE 31291
PNC Bank,National Association,Plaintiff in the above action,sets forth as ofthe date the Praecipe for the
Writ of Execution was filed the following information concerning the real property located at 18 Jane
Lane, Carlisle,PA 17013.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Robert W. Swavola 2 Johns Drive
Mechanicsburg,PA 17050
2. Name and address ofDefendant(s)in the judgment:
Name: Address(Please indicate if this
cannot be reasonably ascertained)
Same as No. 1 above.
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
None
4. Name and address of the last recorded holder of every mortgage of record:
Name Address(Please indicate if this
cannot be reasonably ascertained)
NONE
5. Name and address of every other person who has any record lien on the property:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
6. Name and address of every other person who has any record interest in or record lien on the
property and whose interest may be affected by the sale:
Name Address (Please indicate if this
cannot be reasonably ascertained)
NONE
7. Name and address of every other person of whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name Address (Please indicate if this
cannot be reasonably ascertained)
Tax Collector of North Middleton Township 5 Hill Drive
C/o Robin Soloenberger Carlisle, PA 17013
Pennsylvania Department of Revenue Inheritance Tax Dept.
Office of Chief Counsel PO Box 281061
Harrisburg,PA 17128
Commonwealth of PA-DPW P.O. Box 8016
Harrisburg,PA 17105
Clerk of Courts One Courthouse Square
Criminal/Civil Division Carlisle, PA 17013
Tax Claim Bureau of Cumberland County One Courthouse Square
Cumberland County Courthouse Carlisle, PA 17013
Court of Common Pleas of P.O. Box 320
Cumberland County Carlisle, PA 17013
Domestic Relations Division
PA Dept. of Sheriff Sales Dept. #281230
Bureau of Compliance Harrisburg, PA 17128-1230
Tenant/Occupant 18 Jane Lane
Carlisle,PA 17013
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.
l
September 17, 2012
Date Louis P. Vitti, Esquire
Attorney for Plaintiff
SWORN TO and subscribed
before me this 17th day
of September, 2012.
kh04 I
Notary Pub 1
-` 1W tao�'+t
!Notarial Seal
Sher y L.House, Notary public
Cily of Mu—sburgh,Allegheny County
[�u Commission E,,:01res±133Y ZS,2015
M.:MSEk,Prflls?SYLIla;:' i p,;"GiC3ls`iiJt! Tkd2iE5
NOTICE OF SEMRIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Robert E. Swavola
2 Johns Drive
Mechanicsburg,PA 17050
AND: ALL LIEN HOLDERS
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County,Pennsylvania and to the Sheriff of Cumberland County,directed,there will
be exposed to Public Sale in Cumberland County Courthouse on March 6,2013 at 10:00 A.M., the
following described real estate, of which Robert E. Swavola are owners or reputed owners:
Twp of North Middleton,Cty of Cumberland&Crnwlth of PA. HET a dwg k/a 18 Jane
Lane,Carlisle,PA 17013. Parcel No.26-16-1096-074.
The said Writ'of Execution has issued on a judgment in the mortgage foreclosure action of PNC
Bank National Association vs.Robert E. Swavola at 2012-4519 in the amount of$209,139.49
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
Sheriffno later than ten(10)days from the date when Schedule ofDistribution is filed in the Office of the
Sheriff.
The Writ offxecution has been issued because there is a judgment against you. It may cause your
properly 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. Ifyou 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 abjection you
might have within twenty(20)days alter 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 apetition 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 thejudgment was enteredbefore twenty(20)
days after service or in certain other events. To exercise this right,you would have to file a petition to
strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriff's
Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or
equitable right.
You may also have the right to have the Sheriff's S ale 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 'thin ten(10)days from the date
when the Schedule of Distribution is filed in the Office of the h
Louis P.Vitti,Esquire
Attorney for Plaintiff
215 Fourth Avenue
Pittsburgh,PA 15222
(412} 281-1725
' THIS FIRM IS A DEBT COLLECTOR.ATITM71ING TO COLLECT A DEBT. ANY INFORMATION
WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A
DISCHARGE W BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE
CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF ALIEN
AGAINST PROPERTY.*
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK,NATIONAL ASSOCIATION,
Plaintiff, NO: 2012-4519
Vs
ROBERT E. SWAVOLA,
Defendant.
LEGAL DESCRIPTION
ALL that certain tract or parcel of land and premises situate, lying and being in the Township of North
Middleton in the County of Cumberland and Commonwealth of Pennsylvania,more particularly described
as follows:
BEING Lot No. 3 on the Plan of Section 9 of Noll Manor as recorded in the Office of the Recorder of
Deeds for Cumberland County in Plan Book 24,page 104; containing 85 feet along Jane Lane,having a
depth along the South of 125 feet along Lot No.4 on said Plan,having a width in the rear along the East of
85 feet and having a depth along the North along Lot No. 2 on said Plan of 125 feet.
HAVING erected thereon a dwelling known as 18 Jane Lane, Carlisle, PA 17013.
PARCEL NO. 26-16-1096-074.
BEING the same premises which Gary B. Davis, widower, by Deed dated 1/15/1992 and recorded
1/17/1992 in the Recorder's Office of Cumberland County,Pennsylvania,Deed Book Volume M35,Page
212, granted and conveyed unto Robert E. Swavola and Joyce A. Swavola,husband and wife.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-4519 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK NATIONAL ASSOCATION Plaintiff(s)
From ROBERT E. SWAVOLA
(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: $209,139.49 L.L.: $.50
Interest 9/18/12-3/06/12-$5,810.07
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $195.25 Other Costs:
Plaintiff Paid:
Date: 9/24/2012
David D. Buell,Prothonotary
(Seal)
Deputy
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 TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and theefseof said Court at Carlisle,Pa.
This day 20
Prothonotary
On October 26, 2012 the Sheriff levied upon the
defendant's interest in the real property situated in
North Middleton Township, Cumberland County, PA,
Known and numbered as, 18 Jane Lane,
Carlisle, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: October 26, 2012
By:
Real Estate Coordinator
E :Z1 a SZ d3S 110Z
W
CUMBERLAND LAW JOURNAL
Writ No. 2012-4519 Civil
PNC Bank National Association
VS.
Robert E. Swavola
Atty.: Lois M.Vitti
ALL that certain tract or parcel
of land and premises situate, lying
and being in the Township of North
Middleton in the County of Cumber-
land and Commonwealth of Pennsyl-
vania, more particularly described
as follows:
BEING Lot NO.3 on the Plan of
Section 9 of Noll Manor as recorded
in the Office of the Recorder of Deeds
for. Cumberland County in Plan
Book 24, page 104; containing 85
feet along Jane Lane,having a depth
along the South of 125`feet along Lot
NO.4 on said Plan,having a width in
the rear along the East of 85 feet and
having a depth along the North along
Lot NO.2 on said Plan of 125 feet.
HAVING erected thereon a dwell-
ing known as 18 Jane Lane,Carlisle,
PA 17013.
PARCEL NO. 26-16-1096-074.
BEING the same premises which
Gary B. Davis, widower, by Deed
dated 1/15/1992 and recorded
l/17/1992 in the Recorder's Office of
Cumberland County, Pennsylvania,
Deed Book Volume M35, Page 212,
granted and conveyed unto Robert
E. Swavola and Joyce A. Swavola,
husband and wife.
104
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
January 25, February 1, and February 8, 2013
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.
)L /\)
isa Marie Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
8 da of Feb rua 2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
{
The Patriot-News Co.
2820 Technology Pkwy
the atr1*otwXtws
Suite 300
Mechanicsburg, PA 17050 Now you know
Inquiries - 717-255-8213
I
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
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M",Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date{s}shown below:
01/22/13
20124519. f 01/29/13
C Rar►k NaHw, <_
nod On
02/05/13
R*bWt E,
A M.
ALL that certain`
and Premises situa�or Parcel of land
TOWhship &and be'
�� ariothegc� Sworn to and ubscribed before m is 14 day of February, 2013 A.D.
onwealth
D° ' , more descn d
asfo�efws: r t bed
,BEING
Flat N0.3 on the section
'Afm Of the or as reecorded!ig the dta P IIC
Recorder of DeecLs fo
C°unty. ig P149 Book.24 CUmberlagd
cont*ing 85 feet altar J ' page 104;
a depth along the Sou g oI Lan having
1.ot N0.4 on said Pl th of 125 feel alang I COMMONWEALTH OF PENNSYLVANIA
rear o q tj,�LLEast Of 85 th"n me Notarial Seal
Holly Lynn Warfel,Notary Public
said Phu 9f 125 feet. t Washington Up.,Dauphin county
them t]L My Commission Expires Dec.12,2016
as is jane P 4 Carlisle,PA 170x3 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
' ARCBI N4.i!ili09 vi
BEING the safe premises which Gary$,.
Davis widower b.�dated 1113/1992
��,1l2711992 11 the Recorder's
Deed Book Yolume�iMf3 � a,
and conseYed unto 21�8mnted
J A Swavola,h d W"
--
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which PNC Bank,National Association is the grantee the same having been sold to
said grantee on the 6th day of March A.D., 2013, under and by virtue of a writ Execution issued on the
24th day of September, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term,
2012 Number 4519, at the suit of PNC Bank,National Association against Robert E. Swavola is duly
recorded as Instrument Number 201315012.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this D day of
A.D. 0/.3
r' ecorder of Deeds
umbatland County,Carlisle,PA
E*=b9i Fret Monday of Jan.2014
my