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HomeMy WebLinkAbout06-0705 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NA TIONAL CITY MORTGAGE CO. CIVIL DIVISION NO. Oi- - 765 CuJ~~~ Plaintiff, vs. COMPLAINT IN MORTGAGE FORECLOSURE SCOTT R. BRYER and ANDREA L. BRYER Code -MORTGAGE FORECLOSURE Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NA TIONAL CITY MORTGAGE CO. Plaintiff, Ys. ) ) ) ) ) ) NO: OCs. - 7 0/ C.1CJ:tT~ SCOTT R. BRYER and ANDREA L. BRYER, Defendant(s) 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 LA WYERATONCE. IFYOU 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ... COMPLAINT IN MORTGAGE FORECLOSURE NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. 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: I. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 3232 Nemark Drive, Miamisburg, Ohio 45342. 2. The Defendant(s) is/are individuals with a last known mailing address of216 Garland Drive, Carlisle, PA 17013. The property address is 216 Garland Drive, Carlisle, PA 17013 and is the subject of this action. 3. On the 10th day of October, 2003, in consideration of a loan of One Hundred Two Thousand Nine Hundred Forty Four and 00/100 ($102,944.00) Dollars made by National City Mortgage Co., an Ohio corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage co., an Ohio corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Co., as mortgagee, which mortgage was recorded on the 23rd day of October, - 2003, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1842, page 0569. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 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 shaH 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 ofthe 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 September 1,2005, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 7. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 8. The amount due on said mortgage is itemized on the attached schedule. 9. Pursuant to Pennsylvania Rules of Civil Procedure 1144 the Plaintiff releases from liability for the debt secured by the mortgage any mortgagor, personal representative, heir or devisee ofthe . mortgagor who is not a real owner of the property as evidenced by the last recorded deed of record at the time of filing this complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of One Hundred Twelve Thousand Four Hundred Forty and 62/100 Dollars ($112,440.62) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.c. BY Louis P. Vitti, Esquire Attorney for Plaintiff BRYER. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 6.0000% from 08/01/05 through (Plus $ I 6.3 I 96 per day after 2/28/2006 ) 2/28/2006 Late charges through 2/1/2006 o months @ 33.82 Accumulated beforehand (Plus $33.82 on the 17th day of each month after 2/1/2006 ) Attorney's fee 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 sheriff's sale) BALANCE DUE 99,277.42 3,443.43 172.74 4,963.87 4.583.16 112,440.62 '- 8l2yt~ ., , . Legal Description ALL that certain tract of land with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 109, Section "E" of Chapel Hill, Inc., Plan ofLat No.2, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 8, Page 10, having a frontage on the North of 100 feet on Garland Drive; a depth on the East of 113.6 feet and on the West of 130 feet, and a width.in the rear of 101 feet. BEING improved with a dwelling house known as 216 Garland Drive, Carlisle, PA 17 0 13. Tax PIN:04-23-0600-057. EXHiBIT "Jt." ~i) 0 E:i-1-h BK I 8 4 2 PG 0 5 7 8~ '. VERIFICA nON AND NOW Louis p, Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities, By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Dated: February 1,2006 G '6Q. () '" 0 ~" /::J c: C~:J ""1, 8 1 R C-~'-. It- -", =;:J rq -;;;,,:!J <:0 ,. r"- ~ I -r; ~T.: -;'_'I..A 0 W U'i ''-;el :J ~~~l) -t 1! ':..' (J D ). :-.,to '":':-> ' , -'-=t d~w Co..) -.0 (Yl --< E --z. , SHERIFF'S RETURN - REGULAR CASE NO: 2006-00705 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS BRYER SCOTT R ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BRYER SCOTT R was served upon the DEFENDANT , at 1932:00 HOURS, on the 6th day of February 2006 at 216 GARLAND DRIVE CARLISLE, PA 17013 SCOTT BRYER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Aft idavi t Surcharge 18.00 4.40 .00 10.00 .00 32.40 me this J'I ~ Sworn and Subscribed to before day of A.D. So Answers: .--/1./ /A A .r""' dr~~<. ff~ R. Thomas Kline 02/07/2006 LOUIS VITTI By: ~/?~' /d" :/ ~ -<7 . eputy Sheriff i SHERIFF'S RETURN - REGULAR . CASE NO: 2006-00705 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS BRYER SCOTT R ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRYER ANDREA L the DEFENDANT , at 1932:00 HOURS, on the 6th day of February 2006 at 216 GARLAND DRIVE CARLISLE, PA 17013 by handing to SCOTT BRYER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: " ""'" .",-;7' .?-:t~?,,,~i;~~:~..'>.:~":..:.;A ...... ,/-;" <;,~:~:', ,.~~ R. Thomas Kline 02/07/2006 LOUIS VITTI Sworn and Subscribed to before By: 1/, *~ ;)~/Y~V'A"*- Deputy Sheriff me this /'it' day of 1k;;!t~cfl;D pr~ry . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION NO. 06-705-CIVIL Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE vs. SCOTT R. BRYER and ANDREA L. BRYER, Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, vs NO: 06- 70S-CIVIL SCOTT R. BRYER and ANDREA L. BRYER, Defendants. PRAECIPE FOR DEFAUL T JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $112,603.82, in favor of the National City Mortgage Co., Plaintiff in the above-captioned action, against the Defendants, Scott R. Bryer and Andrea L. Bryer and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 08/01105-03/10/06 (Plus $16.3196 per day after 03110/06) $99,277.42 3,606.63 Late charges (PI us $33.82 per month from 02/01106-09/06/06 $236.74) 172.74 Attorney's fee 4,963.87 Escrow Deficit (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) 4,583.16 Total Amount Due ~] 12.603.82 The real estate, which is the subject matter of the Complaint, is situate in 3rd Ward, Boro of Carlisle, Cty of Cumberland & Cmwlth ofPA, being Lot No. 109, Section "E" of Chapel Hill, In., Plan of Lot No.2. HET a dwg k/a 216 Graland Drive, Carlisle, PA 17013. PIN No. 04-23- 0600-057. . (0..~ ~re Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, vs NO: 06- 70S-CIVIL SCOTT R. BRYER and ANDREA L. BRYER, Defendants. CERTIFICATION OF MAILING I, Louis P. Vitti, do hereby certify that a Notice ofIntention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on February 28, 2006, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.c. BY:~L ~PV"E' .~ oms . Ittl, sqUire Attorney for Plaintiff SWORN to and subscribed before me this 10th day of March, 2006. -ij:;,~d ~n.'- I Notarial Seal ! _ Sherry L House. Notary Public l--'i";,,;c.,' )\ Hills Bor,?, AUeghE;/:y L0unty l "i~/~\' ()';;::,ii\<',~;ion EXPireSJcUJUdry 28, 2007 ,",\\~~~:"~-,~-'",::.,,.-, ,'~, ,\- ,..,...;.... 1\",.....,~.,..,t;Cin Of NotaJtes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, vs NO: 06-705 CIVIL SCOTT R. BRYER and ANDREA L. BRYER, Defendants. IMPORTANT NOTICE TO: Scott R. Bryer Andrea L. Bryer 216 Garland Drive Carlisle, PA 17013 Date ofNot;ce: February 28, 2006 YOU ARE IN DEF AUL T 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 IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LA WYER 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 ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 BY: r--" LOUIS lfylTTI & ASSOCIATES, P.C. ~ .~"- ( J /---1.. " / ,). /- /" J,/j" '...V' /' /1'1/// I """ ~ (-1--/ I / f ,. i ",' ,\ "-"'" . /~~ " .Louis P. Vitti, Esquire'''-/ . , Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOLl HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU1\TY, 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, tbe 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 Soldiers and Sailors Civil Relief Act of 1940 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. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. '6Q ~- ------~ Louis P. Vitti, Esquire SWORN to and subscribed before me this 10th day of March, 2006. Notarial Seat +)1 Jf:;e Nor,qrv n. .hl,,_ llHf:, f~_;.J:':, ll,i!r, :'(1/ ~- :..~. "'~:_~:.~~~~~~~~ ~Piro~-:::~udry ;;~~j:_~~~.?J fl'lt:11 itj~i. Pennsylvania ASSOcfal1on ()f Nota)~& ~ ;::) 0 ...l.g.. ~ ~ I '4-1t- c- .' 0 ~ -- -- ~ ~ - V"l ~ ~ ~ ~ \> t ~ ~ t- - - ___n___ " IN THE COURT Of COMM:JN PLEAS Of CUMBERLAND COUNI'Y, PENNSYLVANIA '-"-- - --- - - CIVIL DIVISION PRAECIPE fOR WRIT OF EXECUTION :a"tion: National City Mortgage Co., Confessed Judgment Other Scott R. Bryer and Andrea L. Bryer Interest 06-70:;-Civil 112,603.82 3,313.33 vs. File No. Arroun t Due Atty's Ccmn Costs TO THE PR:J'IHONJrARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail instaJ..1Irent sale, rontract, or acrount based on a confession of judgm=nt, but if it does, it is based an the appropriate orj.ginal proceeding filed pursuant to Act 7 of 1966 as =mended; and far real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above Iretter to the Sheriff of Cumberland County, for debt, interest and casts :..!pon the following described property of the defendant(s) Scott R. Bryer and Andrea L. Bryer PRAEX:IPE FOR AT1'Jl.CH1ENT EXEnJI'IOO Issue writ of attachrrent to the Sheriff of County, far debt, interest and costs, as above, directing attacbrrent against the above-narred garnishee(s) for the following property (if real estate, su"ply six CO[Jies of the description; supply four :::O[Jies of lengthy personalty list I 'md all other property of the defendant ( s) in the possession, custody or control of the said garnishee ( s} . (Indicate) Index this writ against the garnishee( s) as a lis pendens against r:-eel estate of the defendant(s) described in the attached exhibit. JATE: March 10, 2006 Signature: ~~ ~~ Prirlt Narre: Louis P. Vitti .~d.ress : 916 Fifth Avenue Pittsburgh, FA 15219 A~~o~ey for: Plaintiff :021e;:~or.e: (412) 281-1725 rJ ~ D I ~\ 1: ~ r ~ fl. ~ -::t r ~ ~ S ~ ~ ~ .-{,...,. -;-. If) \) \) \:> r.:::, ;-\Y -vl- <rt - \.>..J- w 9.....>...c Vi. ~ R...J V\. ~ '(~B'66g C I I \ G>-J \ \ _:::.'ir - :, - -tOt? ..... ~(J 1- -- -- - ~ - --- , ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, vs NO: 06-705-CIVIL SCOTT R. BRYER and ANDREA L. BRYER, Defendants. LEGAL DESCRIPTION ALL that certain tract ofland with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 109, Section "E" of Chapel Hill, Inc., Plan of Lot No.2, as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 8, Page 10, having a frontage on the North of 100 feet on Garland Drive; a depth on the East of 113.6 feet and on the West of 130 feet, and a width in the rear of 101 feet. BEING improved with a dwelling house known as 216 Garland Drive, Carlisle, PA 17013. PIN NO. 04-23-0600-057 BEING the same premises which Scott R. Bryer, married man, by Deed dated 07/02/2998 and recorded 07/21/1998 in the Recorder's Office of Cwnberland County, Pennsylvania, Deed Book Volume 181, Page 905, granted and conveyed unto Scott R. Bryer and Andrea L. Bryer, husbaJld and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-705 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From SCOTT R. BRYER AND ANDREA L. BRYER (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 gamishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) is enjoined [rom paying any debt to or [or the account o[ the defendant (s) and [rom delivering any property of the de[endant (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $112,603.82 Interest $3,313.33 L.L. $.50 Atty's Comm Oft) Due Prothy $1.00 Other Costs Atty Paid $130.40 Plaintiff Paid Date: MARCH 15, 2006 ;,j ~,<i.,; ~~ ~ro{honotaY7 (/ ~ ~ i(;.d. O-t 0 L I(!- flAd J Deputy (Seal) REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 .. ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, vs NO: 06-705-CIVIL SCOTT R. BRYER and ANDREA L. BRYER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., 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 216 Garland Drive, Carlisle, PA 17013. 1. Name and address ofOwner(s) or Reputed Owner(s): Name: Address (Please indicate ifthis cannot be reasonably ascertained) Scott R. Bryer Andrea L. Bryer 216 Garland Drive Carlisle, PA 17013 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 ifthis cannot be reasonab ly ascertained) NONE ... 4 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 ifthis cannot be reasonably ascertained) Tax Collector of Carlisle Borough c/o Darlene Moyer P.O. Box 128 Carlisle, P A 17013 Borough of Carlisle Water & Sewage Dept. 53 West South Street Carlisle, P A 17013 Commonwealth of P A -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, P A 17013 Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, P A 17013 ~, . . P A Dept. of Sheriff Sales Bureau of Compliance Dept. #281230 Harrisburg, PA 17128-1230 Tenant/Occupant 216 Garland Drive 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. March 10.2006 Date ~60A ~E' oms . ltt!, squue Attorney for Plaintiff SWORN TO and subscribed before me this 10th day of March, 2006. ~~_~~~M~ i Nolanal Seal l ! Sherry L House, Nota'Y PUblic 1\ ' , r"I(j,:.,:",;)t t-hlls8?ro, A1legh8l:y County . .::A\ '.;l);l", i1,~.don Explres.icutuary 28,2007 \ ~,1~;:;::;;~:--(:::"'-'1'~""'''''''';'''' I} <;-<:"-;;12fior> (")f NotarieS' - NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Scott R. Bryer Andrea L. Bryer 216 Garland Drive Carlisle, PA 17013 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 September 6, 2006 at 10:00 A.M., the following described real estate, of which Scott R. Bryer and Andrea L. Bryer are owners or reputed owners: 3rd Ward, Boro of Carlisle, Cty of Cumberland & Cmwlth ofPA, being Lot No. 109, Section "E" of Chapel Hill, In., Plan of Lot No.2. HET a dwg kla 216 Graland Drive, Carlisle, PA 170]3. PIN No. 04- 23-0600-057. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co. vs. Scott R. Bryer, et al at 06-705-Civil in the amount of$112,603.82. 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 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 ofthese rights. If you wish to exercise your rights you must act promptly. ., YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LA WYER 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 A VENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial ofthe 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 ofthe Complaint and Notice to Defend or ifthe 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 ifthe property is sold for a grossly inadequate price or if there are defects in the Sheriff's 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 (l0) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. ~~. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (4]2) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMA nON WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** ------- - I. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION NO. 06-705-CIVIL Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS VS. Code MORTGAGE FORECLOSURE SCOTT R. BRYER and ANDREA L. BRYER, Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, vs NO: 06-705-CIVIL SCOTT R. BRYER and ANDREA L. BRYER, Defendants. PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due $112,603.82 Interest 03/11/06-09/06/06 3.313.33 Total $115.917.15 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate 10: 3rd Ward, Boro of Carlisle, Cty of Cumberland & Cmwlth of P A, being Lot No. 109, Section "E" of Chapel Hill, In., Plan of Lot No.2. HET a dwg k/a 216 Graland Drive, Carlisle, PA 17013. PIN No. 04- 23-0600-057. ~c0-' L 'PV"E. ~ OUlS . Ittl, sqUIre Attorney for Plaintiff ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, vs NO: 06-705-CIVIL SCOTT R. BRYER and ANDREA L. BRYER, Defendants. AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the Defendants' last known address is 216 Garland Drive, Carlisle, P A ] 7013. ~6~ Louis P. Vitti, Esquire SWORN TO and subscribed before me this 10th day of March, 2006. N~_~~~~1L~ ! Notanal Seal i / "Sheny L House. Notary Public I .' b,>.'11 Hills Boro, AUeqhclIY (.uunty \ /.~.'-(_:'~~,~~~( L.:'_",lon E~ptres ~uary 28, 2007 , ".:\",1>'),(0,' ,~"n",..,J"",,,,,~ t.<"''''-'''''I'''t;;:;-(~' NU:.3l"\eS - ,---- National City Mortgage Co. VS Scott R. Bryer and Andrea L. Bryer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-705 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Louis P. Vitti. Sheriff's Costs: Docketing Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Mileage Share of Bills Patriot News Law Journal 30.00 30.00 1.00 .50 13.62 15.00 15.00 15.00 8.80 19.31 277.40 269.00 $ 694.63 I' q, 1),01., ~ So AnSW~ <- ,.- ~ R. Thomas Kline, Sheriff BY~\teL. ~ Real Estate S~rgeant 9' \. SO CR.. 5" 6" J.. 'i('1 ~ J i2~'.,q .. I r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, vs NO: 06-705-CIVIL SCOTT R. BRYER and ANDREA L. BRYER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., 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 216 Garland Drive, Carlisle, PA 17013. 1. Name and address ofOwner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Scott R. Bryer Andrea L. Bryer 216 Garland Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) NONE - ,"' *' 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) 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 Carlisle Borough c/o Darlene Moyer P.O. Box 128 Carlisle, P A 17013 Borough of Carlisle Water & Sewage Dept. 53 West South Street Carlisle, P A 17013 Commonwealth ofPA -DPW P.O. Box 8016 Harrisburg, P A 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, P A 17013 Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, P A 17013 . ... . P A Dept. of Sheriff Sales Bureau of Compliance Dept. #281230 Harrisburg, PA 17128-1230 Tenant/Occupant 216 Garland Drive 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. March 10. 2006 Date ~60~ ~'E . OUtS . Ittl, sqUIre Attorney for Plaintiff SWORN TO and subscribed before me this 10th day of March, 2006. Notarial Seal Sherry L House. Notary Public Pleasant Hills Bar,!, AUegheny County My Comrn/gSlon Expires January 28, 2007 Member, Penn<"AI/"ni., Ac:sncialion Of Notaries . " - NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Scott R. Bryer Andrea L. Bryer 216 Garland Drive Carlisle, PA 17013 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 September 6, 2006 at 10:00 A.M., the following described real estate, of which Scott R. Bryer and Andrea L. Bryer are owners or reputed owners: 3rd Ward, Boro of Carlisle, Cty of Cumberland & Cmwlth ofPA, being Lot No. 109, Section "E" of Chapel Hill, In., Plan of Lot No. 2. HET a dwg k/a 216 Graland Drive, Carlisle, PA 17013. PIN No. 04- 23-0600-057. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co. vs. Scott R. Bryer, et al at 06-705-Civil in the amount of $112,603.82. 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 Sheriffno 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 ajudgment 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 ofthese rights. If you wish to exercise your rights you must act promptly. . \. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VE 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 A VENUE 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 Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed ifno 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 Sheriff. ~~ Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, P A 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMA nON WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, vs NO: 06- 70S-CIVIL SCOTT R. BRYER and ANDREA L. BRYER, Defendants. LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 109, Section "E" of Chapel Hill, Inc., Plan of Lot No.2, as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 8, Page 10, having a frontage on the North of 100 feet on Garland Drive; a depth on the East of 113.6 feet and on the West of 130 feet, and a width in the rear of 101 feet. BEING improved with a dwelling house known as 216 Garland Drive, Carlisle, PA 17013. PIN NO. 04-23-0600-057 BEING the same premises which Scott R. Bryer, married man, by Deed dated 07/02/2998 and recorded 07/21/1998 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 181, Page 905, granted and conveyed unto Scott R. Bryer and Andrea L. Bryer, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-705 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From SCOTT R. BRYER AND ANDREA L. BRYER (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 $112,603.82 Interest $3,313.33 Arty's Comm % Atty Paid $130.40 Plaintiff Paid L.L. $.50 Due Prothy $1.00 Other Costs Date: MARCH 15, 2006 (Seal) Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 ~ @:i) c:::::::::II ~ I!:!!:. (3 . .... ~. Real Estate Sale # 12 On May 04, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 216 Garland Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 04, 2006 By: "JD~.s~ Real Estate Sergeant qE :l d El HVW qDDl Vd 'Allino:.; ;lll',," 'ltiJ8Wfl8 .1:,mBHS 3Hl .:103:11.:1.10 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 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. SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 ~J~<' ~ GOIS EN~~~ ~~~~ P'Jhlic I Carlisle 8oro, Cumber1anr! COilnt\' 1 My Commission Expires iv1arch 5 2D!I':'i ..,~_...\. . REAL ESTATE SALE NO. 12 Writ No. 2006-705 Civil National City Mortgage Co. vs. Scott R. Bryer and Andrea L. Bryer Atty.: Louis P. Vitti LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 109, Section ~EW of Chapel Hill, Inc., Plan of Lot No. 2, as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 8, Page 10, having a frontage on the North of 100 feet on Garland Drive; a depth on the East of 113.6 feet and on the West of 130 feet, and a width in the rear of 101 feet. BEING improved with a dwelling house known as 216 Garland Drive, Carlisle, PA 17013. PIN NO. 04-23-0600-057. BEING the same premises which Scott R. Bryer, married man, by Deed dated 07/02/1998 and re- corded 07/21/1998 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 181, Page 905, granted and conveyed unto Scott R. Bryer and Andrea L. Bryer, husband and wife. 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he 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 he 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 S ALE #12 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 " .~, J~, ' ." ; 1~ ~.~. I ~ .;\ '; """"',',.' ., ....... I"J1It~:~"" ...~..,__....L. _",.iMi',-- ~ ~.1.llAt __ JIlIl1. _~.Ibe ~~......~\_'lbild ................,;,0,1; _..~...::r-~ ~;~;a:~~ ~ . ~l.<<.Nool..~1f.~~ ~..~.2.. ,_~~of =-_1.i ""1:.': N". '. .- ~. - a ",' ,." .... '* -- - .-