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HomeMy WebLinkAbout12-5087 _ T . I,I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Bank, National Association, CIVIL DIVISION No. la So Plaintiff, COMPLAINT IN NlOR'~GAGE FORECLOSURE vs. MORTGAGE FORECLOSURE James W. Kautr, Jr. and Melissa L. Filed on behalf of Plaintiff Kautr, , c~ r-~* ~n Counsel of record for this paw ~ Defendants. Lois M. Vitti E uire G' PA I.D. #209865 ~ mac; m ~c'7 ~ rou ~uic r t Vlttl & Vlttl & ASSOCIateS, P. C. ~ ~ - c ~ rou. oR~ o~eriuxT ~uoa~eNr cur ~ enterteu 215 Fourth Avenue ~ ny Pittsburgh, PA 15222 ° ~s~ ~'oa ~ (412) 281-1725 ALlorrn~y for PlYntlft a,~~ ~ a3 7s ~ a ek~~c~c~~ ~ a~ 9 yta _ _ II PNC Bank, National Association, IN THE COURT OF COMMQN PLEAS F :CUMBERLAND COUNTY, PENNSYLV IA Plaintiff, : vs. :CIVIL ACTION -LAW James W. Kautz, Jr. and Melissa L. Kautz, No. Defendants. CO~+IPLAINT IN Mt)RTCA4EoiE CLOSURE N T YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND NST T E CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TACE ACTT N WITHIN TWENTY (20) DAYS AFTER THTS COMPLAINT AND NbTICE A E SERVEd, BY ENTERING A WRITTEN APPEARANCE PERSONALLY ~ BY T E ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFIES A D OB,7EC'TYONS TO THE CLAIMS SET FORTH A~NST YOU. YOU ARIE WARN D THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT'!ifOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FORTH R NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR /ANY OTH R CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE!MONEY R PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF Y U SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO R TELEPHOI~fE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE Yom! CAN G LEGAL Hf LP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AB TO PRtWIDE YOU WITH. INFORMATION ON AGENCIES THAT MAY OFFER LEG L SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ArSSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-9-9108 (717) 249-3166 . ~ ~I PNC Bank, National Association, IN THE COURT OF COMMQM PLEAS F :CUMBERLAND COUNTY, PENNSYLV IA Plaintiff, vs. :CIVIL ACTION -LAW James W. Kautr, Jr. and Melissa L. Kautz, No. Defendants. Ct3P"LAllyl' IN N~RT~A~E FOI~LO NOW, comes the Plaintiff by its attorneys, Vitti & Vito & Associates, P.C. and. Lois Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 11 1 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a national association having a principal place of busin s located at 3232 Newmark Drive, Miamisburg, OH 45342. Plaintiff is the holder oft e mortgage and is seeking enforcement of the mortgage through foreclosure. 2. The Defendants are individuals who resides at 2 Big Springs Terrace, Newvil e, PA 17241. The property address is 15 Deer Drive, Newville, PA 17241 and is the subject of this action. 3. On the 19th day of November, 2007, inconsideration of a loan of ©ne Hundr Sixty Four Thousand Five Hundred Ffty Six and 00/100 ($164,556.00) made by Natio al City Mortgage, a division of National City Bank to Defendants, the said' Defenda is executed and delivered to National City Mortgage, a division of National City Bank, a "No " secured by a Mortgage with the Defendants as mortgagor and National City Mortgage a division of National City Bank, as mortgagee, which mortgage was recorded on the 28 h day of November, 2007, in the Office of the Recorder of Deeds of Cumberland County, t r _ _ I I Instrument No. 200744265. The said mortgage is incorporated herein by reference ther to as though the same were set forth fully at length. The Plaintiff, PNC Bank, Natio al Association, is successor by merger to National City Mortgage, a division of National C ty Bank. 4. The premises secured by the mortgage are: SEE EXHIBIT "A "ATTACHED HERETQ 5. Said mortgage provides, inter alias "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 an interest, or any monthly payment, keeping and performance by the mortgagor of any o the terms, conditions or covenants of the mortgage or note, it shall be lawful fo mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon th mortgage, of principal debt, interest and all other recoverable sums, together wit attorney's fees." 6. Since April 1, 2012, the mortgage has been in default by reason, inter alia, of the failure of the mortgagors to make payments provided for in the said mortga e (including principal and interest) and, under the terms of the mortgage, the entire princi al sum is due and payable. 7. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice f 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, ha e been sent to the Defendants on the date set forth thereon, and the temporary stay s provided the said notice has terminated because Defendants have failed to meet with t e Plaintiff or an authorized consumer credit counseling agency, or have been Beni d assistance by the Pennsylvania Housing Finance Agency. _r__ _ ~ _ 8. The amount due on said mortgage is itemized on the attached schedule. 9. Pursuant to Pennsylvania Rule of Civil Procedure 1144, the Plaintiff relea s from liability for the debt secured by the mortgage any mortgagor,. personal representati e, heir or devisee of the mortgagor who is not a real owner of the property at the time oft e filing of this Complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147( Plaintiff demands judgment for the amount due of One Hundred Seventy Two Thousa d One Hundred Ninety Two Dollars and 45/100 ($172,192.45) with interest and costs. Respectfully submitted, MITI & IATES, P.C. BY: Lois M. i, uire Attorney for Plaintiff _ _ _ _ _ T • I I SCHEDULE OF AMOUNTS DUE UNDER MORTGAiGE Unpaid Principal Balance 1 4,063.00 Interest @ 6.6250% from 03/01/12 through 8/31/2012 5,117.32 (Plus $27.9635 per day after 8/31/2012 ) Late charges through 8/14/2012 0 months @ 56.93 Accumulated beforehand 227,72 (Plus $56.93 on the 17th day of each month after 8/14/2012 ) Attorney's fee 7,703.15 Escrow deficit 5,081.26 (This figure includes projected additional charges that may be incun'ed by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sherifP~ sale) BALANCE DUE 1 2,192.45 r . m • I~ ~~II EXHIBIT "A" LEGAL DESCRIPTION Exhibit "A" LeSal Description Ail that certain parcel of land situated in the Township of Cooke, County of Cumberland, Commonwealth of Pennsylvania, being known and designated as Lot 15, Final Subdivision Plan of Pinebroook, prepared by William B. Whittock, Registered Professional Engineer, datal October 19,1977, consisting of Two Pages, recorded hereinafter name Recorder's Office in Plan Book 42, Fage 146. So much of the above described tract of land as lies with 50 feet of the canter of Deer Drive cul-de-sac has been dedicated as a porkion of the right of way of said Deer Drive cul-de-sac as shown on said Final Subdivision Plan of Pinebrook, recorded as aforesaid. . Tax/Parcel )D: 07-37-2567-015 VERIFIC!?TI~N AND NOW Lois M. Vito verifies that the statements made in this Complaint are tr e and correct to the best of her, information and belief. I understand that false stateme is herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsw n falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and t e verification cannot be obtained within the time allowed for the filing of this pleading, t e pleading is submitted by counsel based upon the information provided him by the Plainti . Lois M. i Dated: August 14, 2012 _ _ _ _ _ _ -r r - - _ - x . ~ d ~ r ~ .FORM 1 ~ G PNC Bank, National Association W THE'COURT OF COMMON PLEAS ~ a- CUMBERLAND COUNTY, PENNSYLV d` ~a Plainttlls) ~o o ~ vs. ~G T~ ~ ,z: James W. Kautz, Jr. and Melissa L. Kautz,; n --c - Defendant{s) Ia Civil NUTIGE OF ~SIDENTIAL 1VIURTGAGE FQ:~tECLU~U DIVERS~€~~T FR~~t.A1V 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 ma be able to participate in a catttt-supervised conciliation conference in an effort to resolve this matter with yo lender. If you do aof have a lsnvyer, you mQSt take the follswhtg steps to be eli~il~e for a eoneiliation eanference. 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 requestapgoittttnent of a legal representative at na charge to you. Once you have been appointed a legal representative, yatttrust promptly meet with that 1e~1 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 compete a financial worksheet in dte format attached hereto, the legal representative will prepare and file a Request ibr Conciliati n Conference with the Court,.-which must be filed with the Court within sixty (60) days of the service upon you f 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 reasonabl8 arrangements with your lender before the mortgage foreclosure suit proceeds forward. If yae are tYpreeeated 6y a Mwyer, you a$d yoaur lawyer must takke the follbwfinig stt$ps to 'be eliigtibie for to eon conference. It is not necessary for you to contact Midl'erut Legal. Service for the appointment of a legal representative. However,. you. must provide yow lawyer with aII sequel frrtancial information so that. a loan resolution proposal can be prepared on your behalf. If you and your lawyer comple e a financial worksheet in the format attached hereto, your lawyer will prepare and filea Itcquiast fbr Conciliati Conference wilt tla: Court,. which must be filed with the'Court within sixty (60) days: of the service upon you f the foreclosure +cotnplaint. If you do so and a conciliation conference is scheduled, you wtll'have an opportunity to meet wi#h a representative of your loader in an attempt to work out r+easxonable arrnngements with your lender before the mortgage foreclosure suit proceeds'farward. IF YOU WISH T4 SATE YOUR HOME, YOII M[JST ACT QUICI£LY ANI1'TAI~E THE STEPS REQiJIRED BY THIS NOTICE. THIS PROGRAM IS FREE. R it su Date [Sign r Plaintiff] z - _ _ _ _ _ FORM 2 ' Cnmberhud County Itesidentixl M®~nte Fot~losure Diversion Program Financial Worksheet Date Cumberland County Court of Common Fleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your .request for hardship assistance, your lender must consider your circumstances to de~rmine possible options while working with your Please provide the following information to the best of your knowledge:. Borrower:name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No ? Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Uccupied? Yes No Mailing Address (if different):... City: State: Zip: Phone Numbers: Homer Office: CeIT: Other Email: of people in household:. How tong? Mailing Address: City: State: Zip: Phone Numbers: Home: p$ice Cell: Other: Email: # of people in household: How Inng? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgagee Lender: Type of Caen: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason -for Default: Is the loan in Bankruptcy? Yes ? No'? a_ I 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 tt'ans~rtation (automobiles, boats~otoxcvcies): Model: Year: Amount owed:. Value: Mont~Lnr~~e Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower. Pay Days:. Co-Borrower Fay Days: Mant~ly Ezaeasea: (Please only include ems you are cun~enily paying) EXPENSE.. 'AMOUNT EXl'EN3E AMOUNT i MaR a Food 2 Mo a Utilities .Car Pa ens Cando/Ne' Fees Auto Insurance IVfed. not covered Auto fueUre irs Other ro . ent Install. Loan Pa etYt Cable TV Child Su Atim. S ndin Mon Da /Child CarefT'uit. Other Ex ses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a HousitYg Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 t _ T_ 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 anypror 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): Phone: Servicing Company (Name): Contact: Phone: fie, ,authorize the above Warned to useJrefer this information to my lender/servicer for the sole purpose of evaluating my financial situation for. possible mortgage options. 1lWe understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this dacumentalong with the fu1}owing informsttiou to lender and lend-etr's counsel: Y Proof of income _~1 Past 2 bank statements ~V Proof of any expected income for the last 45 d~ty3 Copy of a current utility bill "V Letter explaining reason far dellinquency and mty supporting docum~entiation (hardship-.letter). Listing agreement (if property is .currently on the market} 3 1- . ~ FORM 3 PNC Bank, National Association, : IN THE CQURT OF C011rfM4N F~,EAS OF CUMBERLAND CQUNTY, PENNTSYLVAN Plaintiff(s) vs. . James W. Kautz, Jr. and Melissa L. Kautz, ' Defendant(s) C1VIL REQUEST FQR CONCILIATIQN Cfl1"~1FElItENCE Pursuant to the Administrative Order dated , 2012 .governing the Cumberlan County Residential Mortgage Foreclosure Diversion. P'ra~€m, 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 ta#cen all of the steps required in that Notice to be eligible to participate in acourt-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. 1 understand that false statements are made subject to the penalties of 18 Pa. C.S. §49104 relating t unsworn falsification to authorities. Signature of Defendant's CounseUAppointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date ~ ]~QRIH' 4 PNC Bank, National Associations ~ THE COURT OF COMMpN PLEAS OF CUMBERLAND' COUAITY, PENNSYLVANIA Plaintiff(s) . CIVIL ACTION vs. . J es W. Kautz, Jr. and Melissa ~ NO. 1~Kautz, Defendant(s) CASE MANAGEMENT,©RDER AND NOW, this day of , 20 ,the defendantlborrower in the above-captioned residential mortgage. foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/b<arn?wer 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 acourt=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 plaintiffllender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Dit+ersion Program Financial Worksheet" (Form. 2) which has been completed by the defend-ant/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 fine date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the J _ ~ _ _ _ T. Court of the defendant/borrower's'failure to serve the completed. Form`2 within the time frame set forth herein ar such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed'fram the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/iwrrower and counsel for the parties must attend the Coneili~ttion Conference in person and an authorized representative of'ttar plaintiffllender must either attend the Conciliation Conference im person or be available by telephone during the course of the Cancilation'Conference. The representative of the I plaintiff/lendertyho participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel far the plaintiff/lender must discuss resolution proposals with thee.. authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiffllender 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 cun~ent 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 monetarypayment and'to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; I _ _ _ ~ 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 THI COURT, J. _ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~;~.FD-r~- a~-~~ GP THE PiCTNi0i~0 ~~~;' ~r;:;, L~~~ 0~~ 2J (i`I ~~ ~~ CUMBERLAND COUWTY PENNSYLVANIA PNC Bank. National Association Case Number vs. 2012-5087 James W. Kautz, Jr. (et al.) SHERIFF'S RETURN OF SERVICE 08/21/2012 08:05 PM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on August 21, 2012 at 2005 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Melissa L. Kautz, by making known unto herself personally, at 2 Big Spring Terrace, Newville.. Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 15 Deer Drive, Newville, Pennsylvania 17241 the Defendant was not found. Melissa L. Kautz advised Deputies there is a current resident at the mortgaged property and has been for years. ~~ ;~, A GUTSHALL, DEPUTY 09/20/2012 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: James W. Kautz, Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant James W. Kautz, Jr Deputies attempted service at 2 Big Spring Terrace, Newville, Pennsylvania 17241, but were advised by Melissa L. Kautz the current resident and Defendant's Ex Wife, James W. Kautz. Jr. previously lived at this address ending occupancy approximately four years ago. He is now thought to be residing outside of Cumberland County. Request for service at 15 Deer Drive, Newville, Pennsylvania 17241 has a long teen tenant but is not owner occupied. SHERIFF COST: $61.00 September 20. 2012 SO ANSWERS, ~~ RONN~S' R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor PNC Bank, National Association vs. James W. Kautz, Jr (et al.) -,~.~Sati ~ ~~~~~~'/t't Case Number 2012-5087 SHERIFF'S RETURN OF SERVICE 10/08/2012 05:30 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on October $, 2012 at 1730 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James W. Kautz, Jr., by making known unto himself personally, at 15 Deer Drive, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. -~ ~~~ ~~' ~ / ST THEN B NDER, DEPUTY r 5 {~GIr ~~ Co 5'~' : ~"' ( c` October 09, 2012 SO ANSWERS, /i RONfJS'~ D RSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t=1LED- piC C Sheriff P J ! i y+,%,p 3 t Jody S Smith >t� � 2013 Chief Deputy ` � � 2' J Richard W Stewart Richard rrta oFT ESr�Er{I F CUMBERLAND COUNTY PENNSYLVANIA PNC Bank, National Association Case Number vs. James W Kautz (et al.) 2012-5087 SHERIFF'S RETURN OF SERVICE 01/02/2013 12:57 PM -Deputy Amanda Cobaugh, 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 15 Deer Drive, Newville, PA 17241, Cumberland County. 01/02/2013 01:36 PM -Deputy Amanda Cobaugh, 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 JESSICA KAUTZ, DAUGHTER, who accepted as"Adult Person in Charge"for Melissa L Kautz at 2 Big Springs Terrace, West Pennsboro Township, Newville, PA 17241, Cumberland County. 01/14/2013 05:35 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 BRITTNEY GALLUP-FRIEND, who accepted as"Adult Person in Charge"for James W Kautz at 15 Deer Drive, Newville, PA 17241, Cumberland County. 02/20/2013 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/04/2013 As directed by Lois M.Vitti,Attorney for the Plaintiff, Sheriffs Sale Continued to 5/1/2013 05/01/2013 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, Cumberland County, PA on May 1, 2013 at 10:00 a.m.. He sold the same for the sum of$1.00 to Attorney Louis Vitti, on behalf of Secretary of Veterans Affairs an Officer of the United States of America, successors and assigns, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $989.21 SO ANSWERS, June 26, 2013 R-ONO R ANDERSON, SHERIFF `T j�;Dto, joy( ,�- (c)Coun:ySuite Sheriff,Teleosoft,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL;DIVISION .PNC Bank,National Association, ) No. 12-5087 Plaintiff, ) VS. ) James W. Kautz, Jr and Melissa L. Kautz, ) Defendants, ) . AFFIDAVIT'PURSUANT TO RULE'3'129.1 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 15 Deer Dr,Newville,PA 17241. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) James W. Kautz, Jr 15 Deer Dr Newville,PA 17241 . Melissa L. Kautz 2 Big Spring Terrace Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) . Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this 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 interestmay be affected by the sale: Name Address(Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Cooke Township c/o Steven E. Bowman 1700 Centerville Road Newville,PA 17241 Municipal Authority of Cooke Township 1700 Centerville Road Newville,PA 17241 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 4 Tenant/Occupant 15 Deer Dr Newville,PA 17241 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. November 30 2012 Date Louis P.Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 30th day of November,2012. Notary Public i NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO .PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: James W. Kautz,Jr Melissa L. Kautz 15 Deer Dr 2 Big Spring Terrace Newsville,PA 17241 Newsville,PA 17241 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 James W. Kautz, Jr and Melissa Kautz are owners or reputed owners: Twp of Cooke, County of Cumberland, Commonwealth of Pennsylvania, Having erected thereon a dwelling known as 15 Deer Dr,Newville,PA 17241.Parcei#07-37-2567-015 The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of PNC Bank,National.Association vs. James W. Kautz, Jr and Melissa L. Kautz at No. 12-5087 in the amount of$174,737.12. 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. . 1 -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 AFFORD CAN GET LEGAL ADVICE. CUMBERLAND-COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE -CARLISLE, PA 17013 (717)249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights,prompt action on your part is necessary. A lawyer may be able to help you. You may have.the right to prevent or delay the Sheriffs Sale by filing,before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty(20)days after service of the Complaint for Mortgage Foreclosure and Notice to Defend,you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a.reasonable excuse.for failing to file the defense on time. If the. judgment is opened,the 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 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 Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten(10)days from the date when the Schedule of Distribution is filed in the Office of the Sh -� 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. 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 ALIEN AGAINST PROPERTY." IN.THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PNC Bank,National Association, } No. 12-5487 Plaintiff, } vs. } James W. Kautz,Jr and Melissa L.Kautz, } Defendants. ) LEGAL DESCRIPTION All that certain parcel of land situated in the Township of Cooke, County'of Cumberland,Commonwealth of.Pennsylvania,being known and designated as Lot 15,Final Subdivision Plan of Pinebrook,prepared by William B. Whittock, Registered Professional.Engineer, dated October .19;1977, consisting of two pages,recorded hereinafter name Recorder's Office in Plan Book 42,page 146 So much of the above described tract of land as lies with 50 feet of the center of Deer Drive cul-de-sac hasbeen dedicated as a portion of the right of way of said Deer Drive cul-de-sac as shown.on said Final Subdivision Plan of Pinebrook,recorded as aforesaid. Having erected thereon a dwelling'known as 15 Deer Dr,Newville,'PA 17241 Parcel#07-3 7-2567-015 Being the same premises of James C. McCombs, III and Melody R. McCombs by their deed dated 4/18/00 and recorded on 8/3/00 on the Recorder of Deeds Office of Cumberland County,Pennsylvania in Deed Book Volume 226,page 659 granting and conveying unto James W. Kautz, Jr and Melissa L. Kautz WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 12-5087 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK,NATIONAL ASSOCIATION Plaintiff(s) From JAMES W.KAUTZ,JR.AND MELISSA L.KAUTZ (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: $174,737.12 L.L.:$.50 Interest $2,728.77 Atty's Comm: Due Prothy: $2.25 Atty Paid: $224.00 Other Costs: Plaintiff Paid: Date: 12/4/12 David D.Buell,Prothonota (Sea]) 0.e2jx ';�� Deputy REQUESTING PARTY: Name: LOUIS P.VITTI,ESQUIRE Address:VITTI& VITTI& ASSOCIATES,PC 215 4THAVENUE PITTSBURGH,PA 15222 TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand Attorney for: PLAINTIFF and the seat of said Co at Carlisle,Pa. Telephone: 412-281-1725 This—2j—day of 20 Prat ataxy ,y Supreme Court ID No. On December 6, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Cooke Township, Cumberland County, PA, Known and numbered as, 15 Deer Drive, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 6, 2012 By: 1 Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2012-5087 Civil PNC Bank,National Association VS. 'James W. Kautz, Melissa L. Kautz Atty.: Lois M.Vitti All that certain parcel of land situated in the Township of Cooke, County of Cumberland, Common- wealth of Pennsylvania,being known and designated as Lot 15,Final Sub- division Plan of Pinebrook,prepared by William B. Whitlock, Registered Professional Engineer,dated October 19, 1977, consisting of two pages, recorded hereinafter name Recorder's Office in Plan Book 42,page 146. So much of the above described tract of land.as lies with 50 feet of the center of Deer Drive cul-de-sac has been dedicated as a portion of the right of way of said Deer Drive cul-de-sac as shown on said Final Subdivision Plan of Pinebrook, re- corded as aforesaid. Having erected thereon a dwelling known as 15 Deer Dr, Newville,PA 17241. Parcel#07-37-2567-015. Being the same premises of James C. McCombs, ill and Melody R. Mc- Combs by their deed dated 4/18/00 and recorded on 8/3/00 on the Re- corder of Deeds Office of Cumberland County, Pennsylvania in Deed Book Volume 226,page 659 granting and conveying unto James W. Kautz,Jr and Melissa L. Kautz. 70 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. Llsa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 8 da y of Februar 2013 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 14c atno '~ (W5 - 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 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. 2012-5087 Civ 1P ' Bank,National A oclation This ad ran on the date(s)shown below: Vs 01/22/13 James WKautz - Melissa L Kautz 01/29/13 Atty: Lois M.Vittl o' All that certain parcel of land situated in the `� ` �� L 02/05/13 TO-ship of Cooke,County of Cumberland, Commonwealth of Pennsylvania, being known and designated as Lot 15, Final ' ' ' ' . ' Subdivision Plan of Pinebrook,prepared' by William B. Whitlock, Registered Professional Engineer, dated October 19, Sworn to and pu scribed before me.t 14 day of February, 2013 A.D. 1977, consisting of two pages, recorded hereinafter name Recorder's Office in Plan C� Book 42,page 146 So much of the above described tract of land as lies with 50 feet Of the center of Deer Drive cul-de-sac has NOta llc been dedicated as a portion of the right of I way of said Deer Drive cul-de-sac as shown on said Final Subdivision Plan of Pinebrook, recorded as aforesaid. Having erected thereon a dwelling known as t 15 Deer Dr,Newville,PA 17241 COMMONWEALTH OF PENNSYLVANIA Parcel#07-37-2567-015 Notarial Seal Being the same premises of James C. Holly Lynn Warfel,Notary Public McCombs,ill and Melody R.McCombs by Washington Twp.,Dauphin County their deed dated 4/18/00 and recorded on t+ly Commission Expires Dec.12,2016 8/3/00 on the Recorder of Deeds Office of I Cumberland County,Pennsylvania in Deed MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES Book Volume 226,page 659 granting and conveying unto Jam63 . ,?tz, Jr and Melissa 1_Kautz COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Veterans Affairs, Secretary is the grantee the same having been sold to said grantee on the 1 st day of May A.D., 2013,under and by virtue of a writ Execution issued on the 4th day of December, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term,2012 Number 5087, at the suit of PNC Bank N A against James W Jr&Melissa L Kautz is duly recorded as Instrument Number 20132099. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this f day of A.D. e rder of Deeds of �mberfand CauA�►,t;eiA�ie.P11 MyCww"M 1*Firstfrbnda�atJetiZ014