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HomeMy WebLinkAbout02-1806IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., Plaintiff, CIVIL DIVISION NO. OQ - /A% l: l O ? ?rrl COMPLAINT IN MORTGAGE FORECLOSURE VS. ROBERT D. TRITT a/k/a ROBERT D. TRITT, JR., and ANNA G. TRITT, husband and wife, 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 COMPLAINT IN MORTGAGE FO F LOSURF 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 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 Newmark Drive, Miamisburg, OH 45342. 2. The Defendant(s) is/are individuals with a last known mailing address of 212 North East Street, Carlisle, PA 17013. The property address is 212 North East Street, Carlisle, PA 17013 and is the subject of this action. 3. On the 4th day of December, 1998, in consideration of a loan of Forty-Four Thousand, Nine Hundred Seventy-Six and No/100 ($44,976.00) Dollars made by National City Mortgage Co., an OH corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Co., an OH 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 8th day of December, 1998, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1504, page 118. 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 October 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 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. 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 Fifty-One Thousand, One Hundred Thirty-Nine and 551100 Dollars ($51,139.55) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. a BY C/ I ,.? ' (/~ Louis P. Vitti, Esquire Attorney for Plaintiff Tritt, Robert D. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 43,607.51 Interest 7.0000% from 09/01/01 through 4/30/2002 2,015.50 (Plus $8.3631 per day after 4/30/2002 ) Late charges through 4/9/2002 0 months @ 14.94 Accumulated beforehand 50.07 (Plus $14.94 on the 17th day of each month after 4/9/2002 ) Attorney's fee 2,180.38 Escrow deficit 3,286.09 (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 519139.55 ALL the following deaarW real dstaM k p ow Wjh Qte itnprom wftts afcalid thereon, lyatp and blimp apish in the First wand of to t wm* of Carms, Cumberland County, Penntayhranis, bounded and desoribed as follows; ON the North by property now or formerly of William Tarman; on the East by North East Street; on the South by property now or formerly of Clarence A. Kow,, and on the West by property now or formerly of the Peters Estate and Chants Peters, having in front on North East Street a distance of fifteen (15) feet, more or less, and extending in depth at an even width a distance of ninety (90) feet, more or less. BE W hnproved with a dwelling house Wow and Mx ber d as 212 North East Street, Carlisle, Pennsyli ania. EXHIBIT" 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. Louis P. Vitti Dated: April 9, 2002 lv ? b r TO n r _ r, try) ,oin SHERIFF'S RETURN - REGULAR CASE NO: 2002-01806 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS TRITT ROBERT D ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TRITT ROBERT D AKA ROBERT D TRITT JR the DEFENDANT at 2045:00 HOURS, on the 15th day of April , 2002 at 212 NORTH EAST STREET CARLISLE, PA 17013 by handing to ROBERT TRITT 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 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this J? a, - day of o2CS°°Z A. D. thonotary So Answers: R. Thomas Kline 04/16/2002 LOUIS VITTI By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-01806 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS TRITT ROBERT D ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TRITT ANNA G the DEFENDANT , at 2045:00 HOURS, on the 15th day of April , 2002 at 212 NORTH EAST STREET CARLISLE, PA 17013 by handing to ANNA TRITT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 1yt'? day of c[lbu? ?lra? A.D. 'Prothonotary So Answers: R. Thomas Kline 04/16/2002 LOUIS VITTI By: gDepult-y-Slhe-riff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CIVIL DIVISION COMPANY, NO. 02-1806 PRAECIPE FOR DEFAULT Plaintiff, JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE VS. ROBERT D. TRITT, JR. and ANNA G TRITT, husband and wife, 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, NO. 02-1806 Plaintiff, vs. ROBERT D. TRITT a/k/a ROBERT D. TRITT, JR.,: and ANNA G. TRITT, husband and wife, Defendants, PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $51,306.82, in favor of the National City Mortgage Co., Plaintiff in the above-captioned action, against the Defendants, Robert Tritt, Jr. and Anna G. Tritt and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $43,607.51 Interest from 09/01/01-05/20/02 2,182,77 (Plus $8.3631 per day after 05/20/02) Late charges (Plus $14.94 per month from 04/09/02-09/04/02$74.70) 50.07 Attorney's fee 2,180.38 Escrow Deficit 3,286.09 (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 $51,306-82 The real estate, which is the subject matter of the Complaint, is situate in Borough of Carlisle, Cry of Cumberland and Cmwlth of PA. HET a dwg k/a 212 N. East Street, Carlisle, PA 17013. Parcel #02-21-0318-034. Louis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 02-1806 VS. Plaintiff, ROBERT D. TRITT a/k/a ROBERT D. TRITT, JR.,: and ANNA G. TRITT, husband and wife, Defendants, 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 May 7, 2002, giving ten (10) day notice that judgment would be entered should no action be taken. SWORN to and subscribed before me this 20th day of May, 2002. Notary Public LOUIS P. VITTI & ASSOCIATES, P.C. BY: Lo s P. Vitti, Esquire Attorney for Plaintiff Notarial seal Puglic Theresa Siwik, Notary Pittsburgh, Expires geptu22 ? PAy Commission ExP lion d NWedes Meow, Pennsylvania Assoeia 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 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. Z;Z5?42e -------------- Louis P. Vitti, Esquire SWORN to and subscribed before me this 20th day of May, 2002. Notarial Seal Theresa ExNotary Public Pittsburgh, ?aile9heny County - My Commission n Expires Sept. 22, 2003 Notary Public Member, Pennsylvania Association of Notaries r c; ?c t• r. i ° i7 \SL U Ike rYl uo Y 4 Cy? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CIVIL DIVISION COMPANY, NO. 02-1806 PRAECIPE FOR WRIT OF Plaintiff, EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS VS. ROBERT D. TRITT, JR. and ANNA G. TRITT, husband and wife, 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. ROBERT D. TRITT a/k/a ROBERT D. TRITT, JR.,: and ANNA G. TRITT, husband and wife, Defendants, NO. 02-1806 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 Interest 05/21/02-09/04/02 Total $51,306.82 `/ The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Borough of Carlisle, Cty of Cumberland and Cmwlth of PA. HET a dwg k/a 212 N. East Street, Carlisle, PA 17013. Parcel #02-21-0318-034. Lo is P. Vitti, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNPY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF ECECUTION ao_tion: ( ) Confessed Judgment NATIONAL CITY MORTGAGE COMPANY, : ( ) Other V5. V.. File No. 02-1806 knount Due $51,306.82 Interest $894.85 Atty's Ccnm Robert D. Tritt a/k/a Robert D. Tritt, Jr; and Anna G. Tritt, husband and wife, TO THE PROTHONOTARY OF THE SAID COURT: Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as ,xrended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) SEE ATTACHED PROPERTY DF4('RTPTTON PRADCIPE FOR ATTACFAfF27T EXE7=OM Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and 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 real estate of the defendant(s) described in the attached exhibit. DATE: May 20, 2002 Signature: Print Name: Louis P. Vit 9 Address: 916 Fifth Avenue Pittsbureh, PA 15219 .ttor,ey for: Plaintiff ele_:^one: (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 02-1806 Plaintiff, Vs. ROBERT D. TRITT a/k/a ROBERT D. TRITT, JR.,: and ANNA G. TRITT, husband and wife, Defendants, 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 212 N. East Street, Carlisle, PA 17013. Louis P. Vitti, Esquire SWORN TO and subscribed before me this 20th day of May, 2002. ? Notarial Seal rheresa Siwik, Notary Public .. 999 PltisburAllegheny County Notary Public s My ComC missPi'i?s Sep+. 22.2403 Member, PennsyWania Acsoclalion of Notarlea Eii _ 0 V ?s ca 1 "2- n c? V .n, L?Q ? \ I ?? 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 02-1806 Plaintiff, VS. ROBERT D. TRITT aWa ROBERT D. TRITT, JR.,: and ANNA G. TRITT, husband and wife, Defendants, 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 212 N. East Street, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Robert D. Tritt, Jr. 212 N. East Street Anna G. Tritt 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: Washington Mutual Finance Address (Please indicate if this cannot be reasonably ascertained) 1217 Market Street Lemoyne, PA 17043 .. s 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) Beneficial C.D.C., d/b/a Beneficial Mortgage Company of Pennsylvania Citifinancial, Inc. 419 Stonehedge Drive, Suite 2 Carlisle, PA 17013 I Valley Street, Suite 103 Carlisle, PA 17013 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 Carlisle Borough Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 128 Carlisle, PA 17013 53 West S. Street Carlisle, PA17013 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 212 N. East 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. May 20, 2002 Date SWORN TO and subscribed before me this 20th day of May, 2002. Notary Public l Seal , Notary Public 4hany Ciu 2'2003 puas SSep . pssociabon of Notaries gag L Louis . Vitti, Esquire Attorney for Plaintiff L.r F- u t .' C?J Y-- N tL CV N b N 0 Y ?- T U !usnl/suued'?aQwaW yG q ud RWiMi eso?ay.L . S lisloN !wn oilgnd AIRIoN 'ZOOZ `,(tw3o Ap g10Z slgl oui oio33q poquosgns put, of MHOAIS 331luit,ld io3 A3u.TOIIV azmbsg IIIIA .d smo l •ast,o pauol;dt,o-anogt, aig uT gltm paildwoo uaaq ant,q `£86I3o 1613V `XIlt,og?cads put, t,tut,AjAsuuad3o gllt,amuounuoO aip jo smt,l alp 3o suolslnoid agl;T'gI put, olaaagl palulo.i sall?Agot, lfto ias snomm put, ast,o pauoildto-anogt, aql glTm JBIIT.ure3 UM 'OD 0510511O W AI!D It,uol113N3o aAllt,luasazdat su imp Ajivoo ,Aga.Taq `VITA 'd smo7 `I `slut,puojacl `aj!m put, put,gsnq `,L LRI L '0 VNNV pup :`'2If ` and L 'Q L2IdHO2I UNP S. nu 'Q ,L2 and *SA `33?IuT.T'Id 9081-ZO 'ON `ANvdwoo 39VJ.L2IOw A.LIO'IVNOILVN NOISIAIQ 'IAIO VIINVA"ASNNdd `A.LNf1O0 QNV'I'd9Ei IfIO AO SVE[ld NOWWOO 30 LWf1OO dH.L NI C ° n i.. 77 ?- r V ?7 to NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Robert D. Tritt, Jr. Anna G. Tritt 212 N. East 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 September 4, 2002 at 10:00 A.M., the following described real estate, of which Robert D. Tritt, Jr. and Anna G. Tritt are owners or reputed owners: Borough of Carlisle, Cty of Cumberland and Cmwlth of PA. HET a dwg k/a 212 N. East Street, Carlisle, PA 17013. Parcel #02-21-0318-034. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co. vs. Robert D. Tritt, Jr. and Anna G. Tritt at No. 02-1806 in the amount of $51,306.82. 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. 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 rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. 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 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 if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. I Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 "THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE." 7_ LO - - nn u_ ? ? J l' ? u._ ?- T-' slr. ?.: 1 L Lf .'_t CL Ci o <> WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1806 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY PLANTIFF(S) From ROBERT D TRITT, JR and ANNA G TRITT, 212 N. EAST ST., CARLISLE PA 17013 (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 212 N. EAST ST., CARLISLE PA 17013 (SEE ATTACHED 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/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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $51,306.82 Interest 5/21/02 - 9/4/02 $894.85 Any's Comm % Any Paid $119.45 Plaintiff Paid L.L. $.50 DueProthy $1.00 Other Costs Date: MAY 22, 2002 REQUESTING PARTY: Name LOUIS P. VITTI, ESQ. Address: 916 FIFTH AVE., PITTSBURGH PA 15219 Attorney for: PLAINTIFF Telephone: (412) 281-1725 Supreme Court ID No. 01072 CURTIS R. LONG Prothonotary, Civil Division By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, -PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 02-1806 Plaintiff, VS. ROBERT D. TRITT a/k/a ROBERT D. TRITT, JR.,: and ANNA G. TRITT, husband and wife, Defendants, PRAECIPF FOR DEFAULT TUD MENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $51,306.82, in favor of the National City Mortgage Co., Plaintiff in the above-captioned action, against the Defendants, Robert D. Tritt, a/k/a Robert Tritt, Jr. and Anna G. Tritt and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $43,607.51 Interest from 09/01/01-05/20/02 2,182.77 (Plus $8.3631 per day after 05/20/02) Late charges (Plus $14.94 per month from 04/09/02-09/04/02$74.70) 50.07 Attorney's fee 2,180.38 Escrow Deficit 3,286.09 (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 51 306.8 The real estate, which is the subject matter of the Complaint, is situate in Borough of Carlisle, Cty of Cumberland and Cmwlth of PA. HET a dwg k/a 212 N. East Street, Carlisle, PA 17013. Parcel #02-21-0318-034. Louis P. it i, squire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COMPANY, CITY MORTGAGE CIVIL DIVISION NO. 02-01806 PRAECIPE FOR WRIT OF EXECUTION Plaintiff, AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. ROBERT D. TRITT, a/k/a ROBERT D. TRITT, JR. and ANNA G. TRITT, 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 C ? ?: _... ?=??? ? f ,; ;- - ?-'- ? ? ,.? _ ,. ? •.._. f.. ? '? ? ? v IN THE COURT OF COMMON PLEAS OF CUMBERLAIND COUNTY, PENNSYLVANIA CIVIL DIVISION -- - - - PRAECIPE FOR WRIT OF E<F-=ION aotion: ( ) Confessed Judgment National City Mortgage Company, ( ) Other Plaintiff, File No. 02-01806 VS. Robert D. Tritt, a/k/a Robert D. Tritt, Jr. ` Aunt Due $ 51,306.82 and Anna G. Tritt, husband and wife, Interest 3,219.79 . Atty's Corm . Costs I TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail :.nstallnent sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as arended; and for real property pursuant to act 6 of 1974 as amended. Issue writ of execution in the above wetter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) Robert D. Tritt, a/k/a Robert D. Tritt, Jr. and Anna G. Tritt PLEASE SEE ATTACHED LEGAL DESCRIPTION PRAE= FOR ATTAR T E MON Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above:-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and 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 2-is pendens against real estate of the defendant(s) described in the attached exhibit. r DATE: November 25, 2003 Signature:--L" P=int Name: Louis P. Vittd 916 Fifth Avenue .address: Pittsburgh, PA 15219 Azr---=.ey for: Plaintiff z1ec.^,?ne: (412) 281-1725 "7 !i ? .?... Ch -< ,_. 7 z __.. .?:.: +?` r '3 F .ri (_. : ? rl ., .D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, vs. NO: 02-01506 ROBERT D. TRITT a/k/a ROBERT D. TRITT, JR., and ANNA G. TRITT, husband and wife, 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 212 North East Street, Carlisle, PA 17013. Louis . Vitti, Esquire SWORN TO and subscribed before me this 25th day of November, 2003. Not rv Publi ' Notanal Sea Sherry L House Notary Public Pieasant Hills Cicru,IithenY County My Commission, Expires Januar 28 n?em Y 2007 ben, PennsYIvania Association O Notaries ?? ., y ;? t' ' r?? ;` _, _ , .? ?' ' ' , , ; ? ? ?. -? J? -'. LEGAL DESCRIPTION ALL that following described real estate together with the improvements erected thereon, lying and being situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by property now or formerly of William Tarman; on the East by North East Street; on the South by property now or formerly of Clarence A. Koser; and on the West by property now or formerly of the Peters Estate and Charles Peters, having in front on North East Street a distance of fifteen (15) feet, more or less, and extending in depth at an even width a distance of ninety (90) feet, more or less. BEING improved with a dwelling house known and numbered as 212 North East Street, Carlisle, PA 17013. BEING the same premises which Bob L. Waters and Dolly L. Waters, by their Deed dated 12/04/1998 and recorded 12/08/1998 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 190, page 734, granted and conveyed unto Robert D. Tritt, Jr. and Anna G. Tritt, husband and wife. PARCEL NO. 02-21-0318-034. o? i (L-- - U n r? l? :n ?, l Jn i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1806 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY Plaintiff (s) From ROBERT D. TRITT a/k/a ROBERT D. TRITT, JR., and ANNA G. TRITT, HUSBAND AND WIFE, 212 NORTH EAST ST., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 212 NORTH EAST ST., CARLISLE PA 17013 (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/slae has been added as a garnishee and is enjoined as above stated. Amount Due $51,306.82 Interest $3,215.79 Atty's Comm % Atty Paid $86.45 Plaintiff Paid Date: DECEMBER 11, 2003 (Seal) REQUESTING PARTY: L.L. Due Prothy 1.00 Other Costs CURTIS R. LONG ?i Protho tary By: t Deputy ?--J 0 Name LOUIS P. VITTI, ESQ. Address: 916 FIFTH AVENUE PITTSBURGH PA 15219 Attorney for: PLAINTIFF Telephone: (412) 281-1725 Supreme Court ID No. 03810 IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: Robert D. and Anna Tritt, JR., ) DEBTOR. ) ------------------ National City Mortgage, ) Movant, ) Vs. ) Robert D. and Anna Tritt, Jr., ) Debtor, ) and, ) Charles J. De Hart, IJI. ) Trustee ) CASE NO. 1-02-02738 CHAPTER 13 ORDER NOW, this day of N I, ` L ? ?;. L' -y/ , 2003, it is ORDERED AND DECREED that: The Automatic Stay of all proceedings, as provided under Section 362 of the Bankruptcy Reform Act of 1978 (The Code) 11, S.C. 362, is modified to allow National City Mortgage, to proceed with or resume proceedings in Mortgage Foreclosure, including, but not limited to Sheriff s Sale regarding Debtor's real estate; and to take action, by suit or otherwise, in its own name or the names of its assignee, to obtain possession of said premises or other actions :relative to such property located at 212 N. East Street, Carlisle, PA 17013.. /s/ MARY D. FRANCE Please send copies to: Robert D. Tritt, Jr. Marlin Markley Anna Tritt 2108 Market Steet 212 North East Street Camp Hill, PA 17011 Carlisle, PA 17013 Charles J. De Hart, III P.O. Box 410 Hummelstown, PA 17036 PA NOV 17 2003 ? ? J l 1 11 + /I - C.A) r:c r. :st IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, ; vs. : NO: 02-01506 ROBERT D. TRITT a/k/a ROBERT D. TRITT, JR., and ANNA G. TRITT, husband and wife, Defendants. 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 212 North East Street, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Robert D. Tritt, Jr. 212 North East Street Anna G. Tritt 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: Washington Mutual Finance # 01-4322 Address (Please indicate if this cannot be reasonably ascertained) 1217 Market Street Lemoyne, PA 17043 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) Beneficial, CDC d/b/a Beneficial Mortgage Company of PA CitiFinancial, Inc. 419 Stonehedge Drive Suite 2 Carlisle, PA 17013 1 Valley Street Suite 103 Carlisle, PA 17013 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 Borough of Carlisle Water & Sewage Dept. Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division P.O. Box 128 Carlisle, PA 17013 53 West South Street Carlisle, PA 17013 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division Bureau of Compliance One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough Tenant/Occupant 212 North East 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 unsworn falsification to authorities. November 25, 2003 Date SWORN TO and subscribed before me this 25th day of November, 2003. y t'uK , Notarial Seal House Notary Public l?asarr ;iN:, p ,;) .j,;i,ghen Conty M remiss o s_xp?res> . r.. , ?a?, 28U2 07 Me rte', Pennsylvania Association OF Notaries Louis P. Vitti, Esquire Attorney for Plaintiff' ?, r..? -? -, ., '' _ r: ?? =? --- ? ... . e? ?' --' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, vs. NO: 02-01506 ROBERT D. TRITT a/k/a ROBERT D. TRITT, JR., and ANNA G. TRITT, husband and wife, Defendants. 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 provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. Louis . Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 25th day of November, 2003. N aryl 1 -? Notarial Seal Sherry L. House, Notary Public I Pleasant HiAs Bore. Allegheny county I_ My commissio E_xoire, Jar, Member, Pennsylvania Associatiouary 28 2007 n Notaries ?? ? ?_ . '.. ?:^_ ?? K 1 ?? ? _j ' . ?? 4?? y ?`. iV ,???? ?? -t '? ?? r7 ?? ? NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Robert D. Tritt a/k/a Robert D. Tritt, Jr. 212 North East 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 June 9, 2004 at 10:00 A.M., the following described real estate, of which Robert D. Tritt, a/k/a Robert D. Tritt, Jr. and Anna G. Tritt are owners or reputed owners: First Ward, Boro of Carlisle, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 212 North East Street, Carlisle, PA 17013. Parcel No. 02-21-0318-034. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company vs. Robert D. Tritt, et al at 02-01806 in the amount of $51,306.82. 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. 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 rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF E3XCUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff s Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or 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 ]'ailing 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 if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 "THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE." C1 C=' t"7 - 7, i r j PEI.INSYLVANIA ? THE COURT OF COMMON PLEAS OF CUMBEKI-AND COUNTY, CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, . NO. 02-01806 AFFIDAVIT OF SERVICE Plaintiff, VS. ROBERT D. TRITT aWa ROBERT D TRITT, JR. and ANNA G. TRITT, Filed on behalf of Plaintiff counsel of record for this parry: Louis P. Vitti, Esquire pA I,D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. Defendants- 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. NO: 02-01806 ROBERT D. TRITT, a/k/a ROBERT D. TRITT, JR., and ANNA G. TRITT, Defendants. AFFIDAVIT OF SERVICE I, Sherry L. House, do hereby certify that a Notice of Sale was mailed and served upon all lien holders by Certificate of Mailing for service in the above-captioned case on December 2, 2003, advising them of the Sheriffs sale of the property at 212 North East Street, Carlisle, PA 17013, on June 9, 2004. LOUIS P. VITTI & ASSOCIATES, P.C. BY V! L1 ? ?? ?/ She erry L. H e , SWORN to and subscribed before me this 28th day of May, 2004. Public ?? NOTARLAL SEAL Lois A EVANOEUSTA, NOTARY PUBLIC CITY OF WISSURGH, ALLMHENYCOLM WCOMMISSION SPIRES OCTOBER 17, 2DO5 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Re .e Frain: Louis P Vitti & Associates P .C. 916 Fifth Avenue. Pittsburgh. PA 15219 Om piece ofo MO mafi aOEraceE lo: Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 U.S. POSTAL SERVICE CERTIFICATE OF MAILING RnW Frw : Louis P Vitti & Associates. P .C. 916 Fifth Avenue Pittsburgh. PA 15219 0 n 0 f" L- i 'I 79? fn I al i prTj rl - ?, Om piWO pfrc 1l moo aEEreees] lo: l ?i in Y'S `nn'`. r m ? wir??ry Bureau of Compliance Clearance Support Section y 17! Dept. #281230 p Harrisburg, PA 17128-1230 O Att: Susan Blough N `0 a o PS Form 3817, January 2001 T f 1 7 U.S. POSTAL SERVICE CERTIFICATE OF MAILING n f Y BE USED FOR DOMESTIC AND INTERNATIONPL MAIL. DOES NOT `- PROVIDE FOR INSURANCE-POSTMAffiER O Recwvetl Fran: Louis P Vitt] & Associates P .C. 916 Fifth Avenue Pittsburgh. PA 15219 One piece Ma 1i mail aehe w TenanttOccupant 212 North East Street Carlisle, PA 17013 s1h.tritt.6.9.04 r r' r 5--1 4z 717 i?? Ml 777 ?lLl *****Rrf* In U.S. POSTAL SERVICE CERTIFICATE OF MAILING I-0 MAY BE USED FOR DOMESTIC AND MTE.5 1 1-7-PAIL , DOES NOT \ o PROVIDE FOR INSURANCE-POSTMASTER R.W. Fram: ? ate "°LO??' Louis P. Vitti & Associates P.C. 916 Fifth Avenue Pittsburgh PA 15219 One peBe&«Einery mw d reee, w: Washington Mutual Finance 1217 Market Street Lemoyne, PA 17043 #01-4322 PS Form 3817, January 2001 I U.S. POSTAL SERVICE CERTIFICATE OF MAILING ....- nun NTFRNATIONALMAIL. DOES NOT R...n*4 From Louis P Vitti & Associates P.C. 916 Fifth Avenue Pittsburgh PA 15219 one P. of «i ne, mail etldrem. W: Beneficial, CDC d/b/a Beneficial Mortgage Company of PA 419 Stonehedge Drive Suite 2 Carlisle, PA 17013 I u.S. POSTAL SERVICE CERTIFICATE OF MAILING Received F.: Louis P Vitt! & Associates P.C. 916 Fifth Avenue Pittsburgh PA 15219 One -a-"'nary me" addrxaed w: CitiFinancial' Inc. 1 Valley Street Suite 103 Cadisle, PA 17013 PS Form 3817, January 2001 N +ti > O ? U'1 nil jf7 ?t? / r r {? C jjj I?r• f/) .g O N ?D m I'tt n ?e,>ttixR C 17j ^? O ?n O .-?e11 t.j POSTAL SERVICE CERTIFICATE OF MAILING S U P/ . . r MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Receved F.: Louis P Vitti & Associates P.C. m 916 Fifth Avenue Pitssbumh. PA 15219 ; ,;?#?I :_at . A , one plo m«dm-v m.llamreamd w: ?i ??'x? ' ; 5 : . v?.w Tax Collector of Carlisle Borough P.O. Box 128 Carlisle, PA 17013 Att: Darlene Moyer ! ?0 PS Form 3817, January 2001 M I 77' U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-FOSTMASTER Rwei Fran: Louis P. Vifti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 Om olxa d oMlnary mW aOOraueE w: Borough of Carlisle Water & Sewage Dept. 53 West South Street Carlisle, PA 17013 PS Fonn 3917, January 2UU1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL "I. DOES NOT PROVIDE FOR INSURANCEAOSTMASTER RecebeE Fmm: Louis P. Vifti & Associates. P.C. 916 Fifth Avenue: Pittsburgh. PA 15219 OM piece d min matl IWrueaO W: Commonwealth of PA-DPW P.O. Box 8016 Harrisburg, PA 17105 PS Farm 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INBURANCE?POSTMASTER ReceMO Fran: Louis P. Viftl & Associates. P.C. 916 Fifth Avenue, Pittsburgh. PA 15219 OM plepx daEilary meY eBNeveaE lo: Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ROCpWE F. Louis P. Vlttl & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 one oleo daelMry meY WEraeeW lo: Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PS Form 3817, January 2001 iTY C ? CO? I C ? V•s Y @ 1 - .. a.. 'L ^M1 17 ? jf.e 4 ?y?1 r a I. vltt I?? „? 77, Irk. C l`\ 11 l? f r- J .n 1 . a ??yUrx I © A o Iml lit r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, 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 the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 11 th day of December, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1506at the suit of National City Mtg Co against Robert D Tritt aka Robert D Tritt Jr & Anna G is duly recorded in Sheriff's Deed Book No. 263, Page 3686 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this054 day of p , A.D. 20gy. Recorder of Deeds National City Mortgage Company VS Robert D. Tritt a/k/a Robert D. Tritt, Jr. and Anna G. Tritt In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-1166 Civil Term Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2004 at 1:40 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Robert D. Tritt a/k/a Robert D. Tritt, Jr. and Anna G. Tritt, by making known unto Anna Tritt, personally and wife of Robert D. Tritt, Jr., at 530 Cherry St., Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2004 at 12:46 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert D. Tritt a/k/a Robert D. Tritt, Jr. and Anna G. Tritt located at 212 North East Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendants, to wit: Robert D. Tritt a/k/a Robert D. Tritt, Jr. and Anna G. Tritt, by regular mail to their last known address of 530 Cherry Street, Carlisle, PA 17013. These letters were mailed under the date of April 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Louis P. Vitti for National City Mortgage Co. It being the highest bid and best price received for the same, National City Mortgage Co. of 3232 Newmark Drive, Miamisburg, Ohio 45342, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $736.39. Sheriffs Costs Docketing $30.00 Poundage 14.44 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 6.90 Levy 15.00 Surcharge 30.00 Law Journal 223.55 Patriot News 251.74 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 736.39 Sworn and subscribed to before me So Answers: This day of ) " R. Thomas Kline, Sheriff 2004, A.D. -kUiQt'-. I , Prothonotary BY J66 S l Real Estate eputy 3D? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY vs. Plaintiff, 15db NO: 02-01506 ROBERT D. TRITT a/k/a ROBERT D. TRITT, JR., and ANNA G. TRITT, husband and wife, Defendants. 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 212 North East Street, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Robert D. Tritt, Jr. 212 North East Street Anna G. Tritt 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: Washington Mutual Finance # 01-4322 Address (Please indicate if this cannot be reasonably ascertained) 1217 Market Street Lemoyne, PA 17043 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) Beneficial, CDC d/b/a Beneficial Mortgage Company of PA CitiFinancial, Inc. 419 Stonehedge Drive Suite 2 Carlisle, PA 17013 1 Valley Street Suite 103 Carlisle, PA 17013 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 Borough of Carlisle Water & Sewage Dept. Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division P.O. Box 128 Carlisle, PA 17013 53 West South Street Carlisle, PA 17013 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division Bureau of Compliance Tenant/Occupant One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 212 North East 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. November 25, 2003 Date SWORN TO and subscribed before me this 25th day of November, 2003. pal. Notarial seal I t? , L. House. Notary Public °leasan.r 8,() . nllegheny County My Commissio. FxPms aawary28, 2007 Louis P. Vitti, Esquire Attorney for Plaintiff NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Robert D. Tritt a/k/a Robert D. Tritt, Jr. 212 North East 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 June 9, 2004 at 10:00 A.M., the following described real estate, of which Robert D. Tritt. a/k/a Robert D. Tritt, Jr. and Anna G. Tritt are owners or reputed owners: First Ward, Boro of Carlisle, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 212 North East Street, Carlisle, PA 17013. Parcel No. 02-21-0318-034. The said Writ of Execution has issued on ajudgment in the mortgage foreclosure action of National City Mortgage Company vs. Robert D. Tritt, et al at 02-01806 in the amount of $51,306.82. 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. 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 rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. 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 tiling, 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 if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 "THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, vs. NO: 02-01506 ROBERT D. TRITT a/k'a ROBERT D. TRITT, JR., and ANNA G. TRITT, husband and wife, Defendants. LEGAL DESCRIPTION ALL that following described real estate together with the improvements erected thereon, lying and being situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by property now or formerly of William Tarman; on the East by North East Street; on the South by property now or formerly of Clarence A. Koser; and on the West by property now or formerly of the Peters Estate and Charles Peters, having in front on North East Street a distance of fifteen (15) feet, more or less, and extending in depth at an even width a distance of ninety (90) feet, more or less. BEING improved with a dwelling house known and numbered as 212 North East Street, Carlisle, PA 17013. BEING the same premises which Bob L. Waters and Dolly L. Waters, by their Deed dated 12/04/1998 and recorded 12/08/1998 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 190, page 734, granted and conveyed unto Robert D. Tritt, Jr. and Anna G. Tritt, husband and wife. PARCEL NO. 02-21-0318-034. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1806 Civil CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY Plaintiff (s) From ROBERT D. TRITT a/Wa ROBERT D. TRITT, JR., and ANNA G. TRITT, HUSBAND AND WIFE, 212 NORTH EAST ST., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 212 NORTH EAST ST., CARLISLE PA 17013 (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 $51,306.82 L.L. Interest $3,215.79 Arty's Comm % Arty Paid $86.45 Plaintiff Paid Due Prothy 1.00 Other Costs Date: DECEMBER 11, 2003 (Seal) REQUESTING PARTY: CURTIS R. LONG Proth tary By:?U DejS?uty Name LOUIS P. VITTI, ESQ. Address: 916 FIFTH AVENUE PITTSBURGH PA 15219 Attorney for: PLAINTIFF Telephone: (412) 281-1725 Supreme Court ID No. 03810 Real Estate Sale # 03 On February 12, 2004 the sheriff levied upon the defendant's interest in the real property situated in The Carlisle Borough, Cumberland County, PA Known and numbered as 212 North East Street, Carlisle, more fully described on Exhibit "A" filed ,/1 l/^` with this writ and by this reference incorporated herein. ? A ©Y Date: February 12, 2004 By: Real Estate Deputy Z' _ 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. 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 Dau in in Misc Ilaneot.ls Book "M", Volume 14, Page 317. T / J . ?A f4-1 n PUBLICATION COPY Sworn to and subscribed before 's 281h day o ay 2 A.D. SALE #3 NOTARIAL SERI, REAL ESATE SALE No. 3 Terry L. Russell, Notary Public Writ No. 2002-1806 City of Harrisburg, Dauphin County NOT Y PUBLIC Civil Term My Commission Expires June 6, 2006 National City Mortgage Co. Member, Pennsylvania AssoclatlonotNotaries my commission expires June 6, 2006 Vs. Robert' D. Tritt a/k/a Robert D.Trltt, Jr. CUMBERLAND COUNTY SHERIFFS OFFICE and Anna G.1lritt Atty: Louts r Ylttl CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 DESCPWTION ALL that following described real estate Statement of Advertising Costs together with the improvements erected thereon, lying and being situate in the First Ward of the To THE PATRIOT-NEWS CO., Dr. Borough of Carlisle, Cumberland County, For publishing the notice or publication attached Pennsylvania, bounded and described as follows: ON the North by property now or formerly of hereto on the above stated dates William Tarman; on the East by North East Street; Total $ 2 51 .74 on the South by property now or formerly of Clarence A. Koser; and on the West by property now or formerly of the Peters Estate and Charles Publisher's Receipt for Advertising Cost Peters, having in front on North East Street a The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. distance of fifteen (15) feet, more or less, and extending in depth at an even width a distance of By .................................................................... ninety (90) feet, more or less. BEING improved with a dwelling house known and numbered as 212 North East Street, Carlisle, PA 17013. BEING the same premise which Bob L. Waters and Dolly L. Waters, by their Deed dated 12/04/1998 and recorded 12108/1998 in the Recorderis Office of Cumberland County, Pennsylvania, Deed Book Volume 190, page 734, granted and conveyed unto Robert D. Tritt, Jr. and Anna G. Tritt, hus-band and wife. PARCEL No. 02-21-0318-034 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. 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: APRIL 16, 23, 30, 2004 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. REAL ESTATE SALE NO. 3 Writ No. 2002-1506 Civil National City Mortgage Company vs. Robert D. Tritt, a/k/a Robert D. Tritt, Jr. and Anna G. Tritt Atty.: Louis P. Vitti LEGAL DESCRIPTION ALL that following described real estate together with the improve- ments erected thereon, lying and being situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by property now or formerly of William Tarman: on the East by North East Street; on the South by property now or for- merly of Clarence A. Koser; and on the West by property now or for- merly of the Peters Estate and Charles Peters, having in front on North East Street a distance of lif- Marie Covhe, Editor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 NOT 11AL SEAL U LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 teen (15) feet, more or less, and extending in depth at an even width a distance of ninety (90) feet, more or less. BEING improved with a dwelling house known and numbered as 212 North East Street, Carlisle, PA w17013. hich BEING the same premises Bob L. Waters and Dolly L. Waters, by their Deed dated 12/04/1998 and recorded 12/08/1998 in the Record- er's Office of Cumberland County, and volume Pennsylvania, Deed Book 190, page 734, granted con- veyed unto Robert D. Tritt, Jr. and Anna G. Tritt, husband and wife. PARCEL NO. 02-21-0318-034.