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HomeMy WebLinkAbout01-5334IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, Plaintiff, CIVIL DIVISION No. COMPLAINT IN MORTGAGE FORECLOSURE VS. DONALD G. RATEL and LORI A. RATEL, Code - MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Defendams. Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ~9-0~-'~1 12:5~ PREMIER ABSTRACT ID=717243339e P12/12 EXHIBIT "A' - Legal DeecHptlon 140 "A" Street Cadisle PA 17013 ALL THAT CERTAIN tract of land situate in tho Borough of Cadlsle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED On the North by "A" Street aforesaid; on the East by property nOw or late of William Nelson Quigley; on the South b a private alley, and on the West by property now or late of John Eberly,.i~ontalning 25 feet, more or lass, In front on said "A" Street, and extending in depth 15o feet, more or lass, to the aforesaid alley, and having erected thereon the western half of · double brick dwelling house and the western half of a double frame garage, the eastern bounda~/line of the property hereby being conveyed being the middle line of the partition well between Lots Nos. 138 and 140 "A" Street and the middle line of the partition wall between the garages on said properties. BEING the same premlsas which Samuel C. Robertson and Diana M. Robertson, husband and wife, by deed dated March 13, 1998 and recerded March 13, 1996 in the Office of [he Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 136, Page 93, granted and conveyed unto Shelly J. Holliday. AND BEING the same premises which Shelly J, Hollidey by deed dated end recorded even data herewith granted and conveyed unto Donald (3. Ratel and Lorl A. Ratel, Mortgagors herein. glebe of Pennsylvania I Coumy of Cumberlandj' 88 ~ .':.,~ rd ~ d In the office for the re~rding of De~s ~.t~Lan~ ~berland County, e~ -- " ,.-' ', VERIFICATION 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: September 10, 2001 RATEL SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 60,646.73 Interest 8.3750% from 03/01/01 through 9/30/01 2,964.01 (Plus $13.9155 per day after 9/30/01 ) Late charges through 9/10/01 0 months @ 22.38 Accumulated beforehand 112.74 (Plus $22.38 on the 17th day of each month after 9/10/01 ) Attorney's fee 3,032.34 Escrow deficit 4.034.17 (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 70,789.99 COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE AND 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: 1. The Plaintiffis a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 3232 Ne~vmark Drive, Miamisburg, Ohio. 2. The Defendant(s) is/are individuals with a last known mailing address of 140 A. Street, Carlisle, PA 17013. The property address is 140 A. Street, Carlisle, PA 17013 and is the subject of this action. 3. On the 15th day of November, 1999, in consideration ora loan of Sixty One Thousand Two Hundred Forty Seven and 00/100 ($61,247.00) Dollars made by National City Mortgage Company, an Ohio corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Company, an Ohio corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Company, as mortgagee, which mortgage was recorded on the 16th day of November, 1999, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1582, page 655. 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 shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since April 1,2001, 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 xvith 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. Plaintiff does hereby release the personal representative, heir and/or devisee of the mortgagor(s) from liability for the debt secured by the mortgage. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of Seventy Thousand Seven Hundred Eighty Nine and 99/100 Dollars ($70,789.99) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY l~ou~s~. Vitti, Esquire SHERIFFiS RETURN - REGULAR CA'SE N~: 2001-05334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS RATEL DONALD G ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon P. ATEL DONALD G the DEFENDANT , at 1720:00 HOURS, on the 21st day of September, 2001 at 151 WEST MIDDLESEX RD CARLISLE, PA 17013 DONALD P. ATEL a true and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 3 9O 00 10 00 00 31 90 Sworn and Subscribed to before me this ~ day of / I ProLhonotar~ So Answers: R. Thomas Kline o /2 /2ooz LOUIS VITTI By: Deputy Sheriff SHERIFF'S RETURN C2FSE N0: 2001-05334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS RATEL DONALD G ET AL - REGULAR GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RATEL LORI A the DEFENDANT , at 1140:00 HOURS, at 931 HAMILTON ST CARLISLE, PA 17013 MARIE BARRICK, GP~ANDMOTHER a true and attested copy of COMPLAINT - on the 20th day of September, 2001 by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 19.25 Sworn and Subscribed to before me this ~ day of ~ ¢~,.~ .2~f A.D. ~ / Prothonotary So Answers: R. Thomas Kline 09/24/2001 LOUIS VITTI · Deputy S~riff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 01-5334 CIVIL TERM Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE VS. DONALD G. RATEL and LORI A. RATEL, Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 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 COMPANY, Plaintiff, VS. DONALD G. RATEL and LORI A. RATEL, Defendants. NO. 01-5334 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT .OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $71,040.47, in favor of the National City Mortgage Company,, Plaintiff in the above-captioned action, against the Defendants, Donald G. Ratel and Lori A. Ratel and assess Plaintiffs damages as follows and/or as calculated in the Complaim: Unpaid Principal Balance ~ ,~: Interest from 3/1/01-10/23/01 . (Plus $13.9155 per day after 10/23/01) $60,646.73 3,284.07 Late charges (Plus $22.38 per month from 9/10/01-3/6/02 $134.28) 112.74 Attorney's fee 3,032.34 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) Total Amount Due ~ ~ . The real estate, which is the subject matter of the Complaint, is situate in Boro of carlisle, Cty Cumberland, Cmwlth PA. HET a dwg k/a 140 A Street, Carlisle PA 17013. Parcel ID# 06-20-1798-285. Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE : COMPANY, : Plaintiff, : VS. : DONALD G. RATEL and LORI A. : RATEL, : : Defendants. : NO. 01-5334 CIVIL TERM CERTIFICATION OF MAIl,lNG I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on October 12, 200 I, giving ten (10) day notice that judgment W'otfld be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. BY: Lo~s I;. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 23rd day ~'~ Notaria~ Seal 0fOctober, 2001. [ Cheryl B. Edler, Notary Public I ~ PittSburn~h, Alte~hen ~ -- I Notary Pj~c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE : COMPANY, : , ,: Plaintiff, : VS. : DONALD G. RATEL and LORI A. : RATEL, : Defendants. : NO. 01-5334 CIVIL TERM IMPORTANT NOTICE TO: Donald G.,Ratel 151 West Middlesex Road Carlisle, PA 17013 Lori A. Ratel 931 Hamilton Street Carlisle, PA 17013 D,a~e of Notice: October 12, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A ~UDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BY: Attorney for Plaintiff 9 ~6 Fifth Avenue Pittsburgh, PA 15219 ** THE DEBT COLLECTOR IS ATTEMtrrING TO COLL[~CT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this fffiant's knowledge is/are not enlisted in military service covered by s~fid~act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, Md!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. Louis P. Vitti, Esquire SWORN to and subscribed b~0re me this 23rd day 0~Ctober, 2001. [ Notarial Sea [ Cheryl B. Edler, Notary Public [ Pittsburgh AIlegl',~r), County [My Commission Expires June 10 2002 C IN THE COURT OF COM~DN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR WRIT OF ~XECUTION Caption: National City Mortgage Company, Plaintiff, vs. Donald G. Ratel and Lori A. Ratel, Defendants. ( ) Confessed Judgn~nt ( ) Other File No. 01-5334 CIVIL TERM An*~unt Due Interest Atty's Corm Costs 71:110.05 1,864.68(from 10/24/01-3/6/02) 72,974.73 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a mtai] instal lr~ent sale, contract, or account based on a confession of jud~nent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as arm~_nded; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of C,,mharland County, for debt, inter~st and costs upon the following described property of the defendant(s) Please see legal Description attached. PPAfX//.PE fOR ATTACf~M~NT EXECUTICN Issue writ of attacha~nt to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attacha~nt against the above-named~arnishee(s) for the following property (if real estate, supply six copies of the description; supply fonuf copies of lengthy personalty list) Please see attached legal end all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this wri~ against the garnishee(s) as a 3_is pendens against real estate of the defendant(s) described in the attached exb_ibit. .- Print Name: Louis P. Vitti, Esquire .~d_uess: 916 Fifth Avenue ~o~ney for: 7ele~hone: Pittsburgh. pA 15219 412-281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, ~'i ' Plaintiff, VS. DONALD G. RATEL and LORI A. RATEL, Defendants. NO. 01-5334 CIVIL TERM LEGg. L DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ~3OUNDED on the North by "A" Stxeet aforesaid; on the East by property now or late of William Nelson Quigley; on the South by a private alley, and on the West by property now or late of John Eberly; Containing 25 feet, more or less, in front on sid "A" Street, and ex-trending in depth 150 feet, more or less, to the aforesaid alley, and having erected thereon the Western half of a double brick dwelling house and the Western half of a double frame garage, the Eastern boundary line of the property hereby being 66~v~yed being the middle line of the partition wall between Lots Nos. 138 and 140 "A" Street and the /ni~i~ii~ line of the partition wall between the garages on said properties. BEING the same premises which Shelley J. Holliday, n/k/a Shelly J. Holliday Eichelberger, by her Deed dated 11/15/1999 and recorded on 11/16/1999 in the Cumberland County Recorder of Deeds Office in Deed Book Volume 211, page 646, granted and conveyed unto Donald G. Ratel and Lori A. Ratel. HAVING erected thereon a dwelling known as 140 A Street, Carlisle PA 17013. ~arcel ID# 06-20-1798-285. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 01-5334 CIVIL TERM Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS DONALD G. RATEL and LORI A. RATEL, Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE : cOMPANY, : Plaintiff, : VS. : : DONALD G. RATEL and LORI A. : RATEL, : : Defendants. : NO. 01-5334 CIVIL TERM 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 $71,110.05 Interest 10/24/01-03/06/02 1,864.68 Total The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Boro of Carlisle, Cty Cumberland, Cmwlth PA. HET a dwg k/a 140 A Street, Carlisle PA 17013. Parcel ID# 06-20-1798-285. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, VS. DONALD G. RATEL and LORI A. RATEL, Defendants. NO. 01-5334 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129,1 NatiOnal City Mortgage Company, 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 140 A Street, Carlisle PA 17013. .. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Donald G. Ratel Address (Please indicate if this cannot be reasonably ascertained) 151 West Middlesex Road Carlisle Pa 17013 Lori A. Ratel 931 Hamilton Street Carlisle, PA 17013 Same as No. 1 above. 2. Name and address of Defendant(s) in the judgment: Address (Please indicate if this cannot be reasonably ascertained) !,::v 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) hone none NRme None 4. Name and address of the last recorded holder of every mortgage of record: Address (Please indicate if this cannot be reasonably ascertained) 5. Name and address of every other person who has any record lien on the property: Address (Please indicate if this cannot be reasonably ascertained) 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: Nme None Address (Please indicate if this cannot be reasonably ascertained) 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 Yax Collector of Carlisle Borough Water & Sewage Dept Address (Please indicate if this cannot be reasonably ascertained) C/o Darlene Moyer PO Box 128 Carlisle, PA 17013 -0128 240 Clearwater Drive Carlisle, PA 17013 Commonwealth of PA -DPW Clerk of Courts ~[minal/Civil Division ~burt of Common Pleas of Cumberland County ~Domestic Relations Division P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #28123O Harrisburg, PA 17128-1230 Attn: Susan Blough 140 A Street 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 unswom falsification to authorities. ¢~tbber 23.2001 Date Louis P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 23rd day [-- '-- NetariaJ Seal [ Cheryl B. Edler, Notary Public ~ Pittsburgh Allegi-~n~, County of October, 2000. [My Corrimisslon Expires June 10, 2002 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE : COMPANY, : ' Plaimiff, : VS. : DONALD G. RATEL and LORI A. RATEL, Defendants. NO. 01-5334 CIVIL TERM AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Company am familiar with the above-captioned case and various servicing activities related thereto and that the ~i/dVi~ions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been comPlied with in the above-captioned case. Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 23rd day [ tac,~ ~ seal .... I ~' ' ! ~ C,~ ~rvl B. Edler, Notary Public ~ ~ :' ' ~ [~i~ts~urTh, At[~gh~,rilt County 2 I 0f OCtober, 2001. L~ co~;~,s~>,, v, ¢~ros June ]0.200 ] :i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, VS. DONALD G. RATEL and LORI A. RATEL, Defendants. : NO. 01-5334 CIVIL TERM 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 Plaintiffseeks to execute. That the Defendants' last known address as to Donald G. Ratel is 151 West Middlesex Road, Carlisle PA 17013 and as to Lori A. Ratel, it is 931 Hamilton Street, Carlisle PA 17013. ~ouis/P. Vitti, Esquire'~ SWORN TO and subscribed before me this 23rd day of [ Notari*J ~ Cheryl B. Edter Notary Public ~ ~ Pittsburgh, A~legh~i-,y County October, 2001. ~ M~ Corr!mission Expires June 10, 2002 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Donald G. Ratel 151 West Middlesex Road Carlisle, PA 17013 Loft A. Ratel 931 Hamilton Street 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 Sberiff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on March 6, 2001 at 10:00 A.M., the following described real estate, of which Donald A. Ratel and Lori A. Ratel are owners or reputed owners: Boro of Carlisle, Cty Cumberland, Cmwlth PA. HET a dwg k/a 140 A Street, Carlisle PA 17013. Parcel ID# 06-20-1798-285. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company vs. Danald A. Ratel et al at No. 01-5334 Civil Term in the amount of $71,110.05. Claims against property must be filed at the Office of the Sheriffbefore 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 i'rom 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 fxom the date when Schedule of Dislribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It 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 fi~ts to prevent your property from being taken. A lawyer can advise you more specifically of these i-ight~. If you wish to exercise your fights 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 Sheriffs Sale by filing, before the sale occurs, a petmon 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 remm 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 exemise 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 eqiiitable 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 peiition 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 9ehen the Schedule of Distribution is filed in the Office of the Sheriff. Loui~ P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT ~NFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** AND ANY NATIONAL CITY MORTGAGE COMPANY, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 01-5334 CIVIL TERM AFFIDAVIT OF SERVICE VS. DONALD G. RATEL AND LORI A. RATEL, Defendant. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 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 COMPANY, : . Plaintiff, : VS. : DONALD G. RATEL and LORI A. RATEL, : : Defendant. : NO. 01-5334 CIVIL TERM AFFIDAVIT OF SERVICE I, Lois A. Evangelista, do hereby certify that a Notice of Sale was served upon on the defendant on 11/1/01 and all lien holders by Certificate of Mailing for service in the above- captioned case on 10/30/01, advising them of the Sheriffs sale of the property at 140 A Street, Carlisle, PA 17013, on March 6, 2002. LOUIS P. VITTI & ASSOCIATES, P.C. SWORN to and subscribed before me this 1 lth day I Cl~l B. E~er. Nota~ Public I Pt~r~, ~y C~ ~ My Commlssl~ ~ ~ 10, 20~ of Feb~, 20~ ~~or, Po~nsy~a~ta gs~i~ ot Notaries l ii'i iii U.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTE,R~%£.c, pQ~ LOUt R uu~~j~~ 3 0 1 ~~~ 1521~ (412) 281-1725 One piece of ordinary mail addressed to: Commonwealth of PA -DPW ~0 Box 8Gi6 Harriburg, PA 17105 PS Form 3817, Mar. 1989 lae/ratel/3.6.02 Affix fee here in stamps or meter poatage end post mark. Inquire of Postmaster for current U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERi~,T~INAL MAIL DOES NOT PROVIDE FOR INSURANCE-POSTMAST~ .... ~ ' Received From: '1~ ~ ~r ~'~lr~ ~~ ~ P!~aU~GH, PA !5~19 (412) 281-1725 Onepieceofordinarymailaddressedto: Water and Sewage Dept. Carlisle PA 17013 Affix fN here in sta, npa or meter postage and post mark. Inquire of Postmaster for current fee. ~,~,-,;! / co/ ~ '? ~./~-¥/ PS Form 3817, Mar. 1989 lae/=atel/3.6.02 u.s. PO~TAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND NTERNATIONAL MAIL DOE ~PROVIDE FOR NSURANCE--POSTMASTER , S NOT ~ -os' ' ~ ~ W O' , ~ fee. 916~~UE3~ OCT kO One piece of ordinary mall addressed to: ~ax Co[lec~o~ O~ Ca~ltsle ~o~ou~ c/o Darlene ~oyer ' PO Box 128 Carlisle PA 17013 PS Form 3817, Mar. 1989 lae/ratel/3/6/02 U.$ POSTAL SERVICE CE~¥iPICATE OF MAILING MA'( BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: LO~'S~ ~T~~ ~1~ 0 ~~~ 15219 One piece of ordinary mail addressed to: C[e=k o~ Cou~s .~ Crlmi[~az/~zvl Divi~io,i One CoUrthouse Square Ca~itsie ~A 17013 Affix fee here in stamps or meter postage and post mark. rnquire of Postmaster for current PS Form 3817, Mar. 1989 lae/ratel/3.6.02 U*S. POSTAL SERVICE CERTIFICATE OF MAILING ~ Affix fee here in stamps MAY SE FOR INSURANCE--POSTMASTER ~CSPO&~y ~ or meter postage end USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE post mark. Inquire of ~" ' ~ I Postmaster for current Received From: 'l~ 3¥ M- ~'?~, ~ - _ fee. ~ LOUIS P. t rl & (412) 281-1725 ~ ~:~ /~: Tenant/Occupant ~ ~ · ~ A ~L~L Ca~[~s[e ~A [7013 PS Form 3817, Mar. 1989 [ae/~a~e[/3.6.02 I Affix fee here in stam~ u.s. POSTAL SERWCE CERTIFICATE OF MAILING I or meter postage and MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ! post mark. Inquire of PROVIDE FOR INSURANCE--POSTMASTER =~ .~ ~ Postmaster for current Received From: ~ ~ ~ ~- . ~e. Ell lu~ ..... ' ''- (412) 281-1725 One piece of ordinary mail addressed to: ~u=eau o~ Comp[za~ce / '~.-.~, Clearance Support Dfvisio~ Dept. #28[230 Ea==~bu~, ~A [7[28-[230 Attn: Susan Blough PS Form 3817, Mar. 1989 lae/ratel/3.6.02 U.S. POSTAL SERVICE CERTIFICATE OF MAILING or meter postege and LOU S H12) 281-1725 ~~ · One piece of ordinary mail addressed to: I Cou~ o~ Co~oa ~[eas o[ Cumbe~[a~ Co~7 ~0 Sox 320 Ca~[~s[e, ~A [7013 PS Form 3817, Mar. 1989 lae/ratel/3.6.02 STATE OF PENNSYLVANIA, ~ COUNTY OF CUMBERLANDt ss. Robert P Ziegler I, .............................................................................. Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ................ National City Mtg Co is the grantee ~6th the same having been sold to said grantee on the ............................................... day of March x2002 r ........................................ A. D., :}§-~ ....... , unde and by virtue of a writ .............. execution ..................... issued on the 25 th October day of .......................... A.D., ~._200_~, out of the Court of Corm-nan Pleas of said County as of c iv i 1 ....................... Term, 1~-2-0- -0-1- - 5334 -.- .... National City Mtg Co Number .............. , Donald G Ratel & Lori A ................................... aga~st .................................................... is 250 4717 duly recorded in Sheriffs Deed Book No ............. , Page ............. IN TESTIMONY WHEREOF, I hav~eunto set my hand and seal of said office this _Q~_?-_i-~__ day National City Mortgage Company VS Donald G. Ratel and Lori A. Ratel In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5334 Civil Term Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on November 06, 2001 at 8:59 o'clock A.M., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Donald G. Ratel, by making known unto Donald G. Ratel personally, at 151 West Middlesex Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said tree and correct copy of the same. Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on November 06, 2001 at 8:45 o'clock A.M., EST, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Lori A. Ratel, by making known unto Lori A. Ratel personally, at 931 Hamilton Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2002 at 8:41 o'clock A.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Donald G. Ratel and Lori A. Ratel located at 140 A Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Donald G. Ratel, by regular mail to his last known address of 151 West Middlesex Road, Carlisle, PA 17013. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Lori A. Ratel, by regular mail to her last known address of 931 Hamilton Street, Carlisle, PA 17013. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania on March 6, 2002 at 10:00 o'clock A.M., E.S.T. He sold the same for the sum of $1.00 to Attorney Louis P. Vitti for National City Mortgage Company. It being the highest bid and best price received for the same, National City Mortgage Company of 3232 Newmark Drive, Miamisburg, Ohio 45342, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $756.82, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 14.84 Advertising 15.00 Posting Handbills 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.50 Mileage 9.75 Certified Mail 1.63 Levy 15.00 Surcharge 30.00 Law Journal 265.40 Patriot News 241.50 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 $756.82 Paid 3/12/02 Sworn and subscribed to before me This 6'~ day of ~ 2002, A.D. ~.,.,~. {'~. '~.-., r tho, ot , So Answers;, R. Thomas Kline, Sheriff Real Estate Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE : COMPANY, : Plaintiff, : VS. : : DONALD G. RATEL and LORI A. : RATEL, : : Defendants. : NO. 01-5334 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Company, 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 140 A Street, Carlisle PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Nanle' Address (Please indicate if this cannot be reasonably ascertained) Donald G. Ratel 151 West Middlesex Road Carlisle Pa 17013 Lori A. Ratel 931 Hamilton Street Carlisle, PA 17013 lq e: 2. Name and address of Defendant(s) in the judgment: 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) hone 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: ];qallle Tax Collector of Carlisle Borough Water & Sewage Dept Commonwealth of PA -DPW Clerk of Courts ~fiminal/Civil Division {20urt of Common Pleas of Cumberland County Domestic Relations Division Address (Please indicate if this cannot be reasonably ascertained) C/o Darlene Moyer PO Box 128 Carlisle, PA 17013-0128 240 Clearwater Drive Carlisle, PA 17013 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 140 A Street 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 · ~:i .~ Penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. O~t'~lS~r 23.2001 Date Louis P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 23rd day l No,,:~,'iaJ Seal Chorvl Pit.tsb~rgh, Alieg; of October, 2000. No~ P~ NOTICE OF SHERIFF'S S~kLE OF' REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Donald G. Ratel 151 West Middlesex Road Carlisle, PA 17013 Loft A. Ratel 931 Hamilton Street 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 March 6, 200~.at 10:00 A.M., the following described real estate, of which Donald A. Ratel and Lori A. Ratel are owners or reputed owners: Boro of Carlisle, Cty Cumberland, Cmwlth PA. HET a dwg k/a 140 A Street, Carlisle PA 17013. Parcel ID# 06-20-1798-285. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of iqa~iOnal City Mortgage Company vs. Danald A. Ratel et al atNo. 01-5334 Civil Term in the amount of $715110.05. 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 Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment aga!nst you. It may cause your property to be held or taken to pay the judgment. You may have legal fi'ght.'s to prevent your property from being taken. A lawyer can advise you more specifically of these 15ght~. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO' OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE · CARLISLE, PA 17013 (717) 249-3166 ~ .. You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to ~xercise those fights, 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 ~fition 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 t~o Defend, you may have the right to have the judgment opened in you promptly file a petition with the C6urt 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 Sheriffhas 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. i i; You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sa!~: if you can show a defect in the Writ of Execution or service or demonstrate any other legal or eeiiiitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly i~equate'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 Sheriffhas delivered his Deed to the property. The Sheriffwill deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date ¢~hen the Schedule of Distribution is filed in the Office of the Sheriff. t~ Attorney for Plaintiff '916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A ~'NFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** DEBT AND ANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE : COMPANY, : :' Plaintiff, : VS. : DONALD G. RATEL and LORI A. RATEL, Defendants. NO. 01-5334 CIVIL TERM LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough Of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: [3OUNDED on the North by "A" Street aforesaid; on the East by property now or late of William Nelson Quigley; on the South by a private alley, and on the West by property now or late of John Eberly; e0ntalning 25 feet, more or less, in front on sid "A" Street, and extrending in depth 150 feet, more or less, to the aforesaid alley, and having erected thereon the Western half of a double brick dwelling house and the Western half of a double frame garage, the Eastern boundary line of the property hereby being ~6Vi~?eyed being the middle line of the partition wall between Lots Nos. 138 and 140 "A" Street and the ~i~t~lie line of the partition wall between the garages on said properties. BEING the same premises which Shelley J. Holliday, n/k/a Shelly J. Holliday Eichelberger, by her Deed dated 11/15/1999 and recorded on 11/16/1999 in the Cumberland County Recorder of Deeds Office in Deed Book Volume 211, page 646, granted and conveyed unto Donald G. Ratel and Lori A. Ratel. HAVING erected thereon a dwelling known as 140 A Street, Carlisle PA 17013. ~arcel ID# 06-20-1798-285. WRIT OF EXECUTION and/or A'n'ACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due 01-5334 CIVIL 1~ CIVIL ACTION - LAW COUNTY: N~ion~l Ci~_v Mortqaoe Company PLAINTIFF(S) from Donald G. Ratel and Lori A. Ratel DEFENDANT(S) Please see legal (1) You are dire~ed to levy upon the property of the defendant(s) and to sell Description attached (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/are 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 hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71,110.05 L.L. $. 50 ' from 1 2 1 - Due Prothy $2.50 Interest ~{.~{~. 68 3/6/02 Atty's Comm % Other Costs Arty Paid $123.15 Plaintiff Paid Date: October 25, 2001 Curtis R. Long by: REQUESTING PARTY: Name Louis P. Vitti, Esq. Address: 9~ Fifth Avenue . Pittsburqh, PA 15219 Attorney for: Plaintiff Telephone: 412-281-1725 Supreme Court ID No. Prothonotary, Civil Division Deputy 'iiEAL ESTATE SALE No. On November 02, 2001, the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, known and numbered as 140 A Street, Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 02, 2001 Real Estafe Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, 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, 8, 2002 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 tree. Writ No. 2001-5334 Civil National City Mortgage Company VS. Donald G. Ratel and Lori A. Ratel Atty.: Louis P. Vitlt LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by Street aforesaid; on the East by property now or late of Wl!lt~m Nel- son ~tgley; on the South by a pri- vate alley, and on the West by prop- erty now or late of John Eberly; containing 25 feet, more or less. in front on said 'A' Street, and extend- ing in depth 150 feet, more or less, to the aforesaid alley, and having erected thereon the Western half of SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY, 2002 LOiS E. S~f~ER: No'fY Public