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HomeMy WebLinkAbout06-5198 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO. CIVIL DIVISION Plaintiff, NO. 0(v -S(4l n C:;1(j?C Ilvl VS. COMPLAINT IN MORTGAGE FORECLOSURE KRISTEN N. FREEMAN Defendants. Code -MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO. ) O g Plaintiff, ) NO: VS. ) KRISTEN N. FREEMAN ) Defendant(s) ) COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE 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, Ohio 45342. 2. The Defendant(s) is/are individuals with a last known mailing address of 221 W. Locust Street, Mechanicsburg, PA 17055. The property address is 221 W. Locust Street, Mechanicsburg, PA 17055 and is the subject of this action. 3. On the 1st day of May, 2002, in consideration of a loan of Seventy Seven Thousand Six Hundred Forty Seven and 00/100 ($77,647.00) Dollars made by National City Mortgage Co. d/b/a Accubanc Mortgage, an Ohio corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Co., an Ohio corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Co. d/b/a Accubanc Mortgage Co., as mortgagee, which mortgage was recorded on the 3rd day of May, 2002, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1757, page 3884. 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, 2006, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 7. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 8. The amount due on said mortgage is itemized on the attached schedule. 9. Pursuant to Pennsylvania Rules of Civil Procedure 1144 the Plaintiff releases from liability for the debt secured by the mortgage any mortgagor, personal representative, heir or devisee of the mortgagor who is not a real owner of the property as evidenced by the last recorded deed of record at the time of filing this complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of Eighty Two Thousand One Hundred Twenty Five and 17/100 Dollars ($82,125.17) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY Louis P. Vitti, Esquire Attorney for Plaintiff • FREEMAN SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 5.6250% ftom 03/01/06 through (Plus $11.1539 per day after 9/30/2006 ) Late charges through 9/1/2006 0 months @ 24.28 Accumulated beforehand (Plus $24.28 on the 17th day of each month after Attorney's fee Escrow deficit 9/30/2006 9/1/2006 ) (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) 72,376.70 2,375.79 205.53 3,618.84 3.548.31 BALANCE DUE 82,125.17 ]DIEUM 'All TAXPAaCE.NO, 2OM-MV-101 ALL THAT CERTAIN lot, parcel, piece of ground, with the improvements thereon erected, situate on the South side of Locust Street, Mechanicsburg Borough, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING on said Locust Street at a point in the center of frame house now erected on said lot; thence along the partition wall southward, Ninety-seven (97) feet, more or less, to an alley; thence northward along said alley, Twenty (20) feet, more or less, to the corner of lot now or late of Foster Bender; thence northward along said lot, Ninety-seven (97) feet, more or less; to Locust Street; thence eastward Twenty (20) feet, more or less, to THE PLACE OF BEGINNING. HAVING THEREON ERECTED a 2% story frame dwelling house known and numbered as 221 West Locust Street, Mechanicsburg; PA. BEING the same premises which Peggy L. Burkett, a single woman, by deed dated June 30, 1998 and recorded July 1, 1998, in the Office of the Recorder of Deeds for Cumberland County in Deed Book 180, page 600, granted and conveyed unto Kristen N. Powell, a single woman and Todd A. Praeman, a angle man. IWA111 "41a 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 1, 2006 Xj ? U1 fit n ^' o cv. -n N ? rye, t j t ? I too . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO CIVIL DIVISION NO. 06-5198 Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- vs. MILITARY SERVICE KRISTEN N. FREEMAN Code MORTGAGE FORECLOSURE Filed on behalf of Defendants. Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) NO. 06-5198 Plaintiff, ) VS. ) KRISTEN N. FREEMAN, ) Defendant. ) PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $82,236.70, in favor of the National City Mortgage Co, Plaintiff in the above-captioned action, against the Defendants, Kristen N. Freeman and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $72,376.70 Interest from 3/1/06-10/17/06 2,487.32 (Plus $11.1539 per day after 10/17/06) Late charges (Plus $24.28 per month from 9/1/06-03/07/07 $145.68) 205.53 Attorney's fee 3,618.84 Escrow Deficit 3,548.31 (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 8 The real estate, which is the subject matter of the Complaint, is situate in Mechanicsburg Boro, Cty of Cumberland and Cmwlth of PA. HET a dwg k/a 221 West Locust Street, Mechancisburg, PA 17055. Parcel#20-23-0567-104 4 L 's P. Vitti, Esquire p?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) NO. 06-5198 Plaintiff, ) vs. ) KRISTEN N. FREEMAN, ) Defendant. ) CERTIFICATION OF MAILING 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 5, 2006, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. SWORN to and subscribed before me this 17th day of October, 2006. BY: J- YAomev P. Vitti, Esquire for Plaintiff COMMONWEALTH OF PENNSYLVANIA Notarial Seal Helen Boyce, Notary Public City of Pittsburgh, Allegheny County My Commission Expires May 4, 2010 s Ivania Association of Notaries bLv Member, Penn y Notary Pu lic • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) NO. 06-5198 Plaintiff, ) vs. KRISTEN N. FREEMAN, Defendant. IMPORTANT NOTICE TO: Kristen N. Freeman 221 West Locust Street Mechanicsburg, PA 17055 Date of Notice: October 5, 2006 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 JUDGMENT 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: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE CARLISLE, PA 17013 717-249-3166 1 P. VI SQCI?AT P. C. BY- is P . Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** 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 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. L uis P. Vitti, Esquire SWORN to and subscribed before me this 17th day COMMONWEALTH OF PENNSYLVANIA of October, 2006. N0tarl,al Seal Helen Boyce, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires May 4, 2010 Member, Pennsylvania Association of Notaries Notary Public _A C? c C7 rnf= Uy ?' ?1 It NO. 06-5198 Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO CIVIL DIVISION KRISTEN N. FREEMAN Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) NO. 06-5198 Plaintiff, ) VS. ) KRISTEN N. FREEMAN, ) Defendant. ) 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 $82,236.70 Interest 10/18/06-03/07/07 1.892.57 Total 84?_ 1 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Mechanicsburg Boro, Cty of Cumberland and Cmwlth of PA. HET a dwg k/a 221 West Locust Street, Mechancisburg, PA 17055. Parcel#20-23-0567-104 dttomey uis P. Vitti, Esquire for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COMM, PENNSYLVANIA CIVIL DIVISION -- - -- - -- - PRAECIPE FOR WRIT OF EXECUTION :action: ( ) Confessed Judgment IV4ionAl CJLt (V%zeA(,ay C6, ( ) Other File No.0(.p-SIAM VS. Amount Due a3G.') Q V1riSSer ??2eMp,? Interest Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: 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 or?.ginal proceeding filed pursuant to Act 7 of 1966 as mTended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of County, for debt, interest and costs upon the following described property of the defendant(s) PRAE= FOR ATTAC+MC E (ECWION 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 =pies 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 !is pendens against real estate of the defendant(s) described in the attached exhibit. DATE: Signature: P=int Name ,„ 1 ttt c Address: Oltil11 5? (n A u C Az to_nev for: 'C'Ai (1? t ?-? ?J .64 IL '01 c j -, 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) NO. 06-5198 Plaintiff, ) vs. KRISTEN N. FREEMAN, Defendant. LEGAL DESCRIPTION All that certain lot, parcel, piece of ground, with the improvements thereon erected, situate on the South side of Locust Street, Mechanicsburg Borough, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Beginning on said Locust Street at a point in the center of frame house now erected on said lot; thence along the partition wall southward, Ninety-seven (97) feet, more or less, to an alley; thence northward along said alley, twenty (20) feet, more or less, to the corner of lot now or late of Foster Bender; thence Northward along said lot, Ninety-seven (97) feet, more or less, to Locust Street; thence Eastward Twenty (20) feet, more or less, to the place of beginning. Having erected thereon a dwelling known as 221 West Locust Street, Mechanicsburg, PA 17055 Parcel#20-23-0567-104 Being the same premises which Kristen N. Powell nbm Kristen N. Freeman and Todd A. Freeman by their deed dated 5/1/02 and recorded on 5/3/02 in the Office of Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book Volume 251, page 2890 granted and conveyed unto Kristen N. Freeman. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) NO. 06-5198 Plaintiff, ) VS. KRISTEN N. FREEMAN, Defendant. 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 221 West Locust Street, Mechancisburg, PA 17055. L is P. Vitti, Esquire SWORN TO and subscribed before me this 17th day of October, 2006. COMMONWEAL T?PENNEyWANIA Notarial Beal Helen Boyce, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires May 4, 2010 C Member, Pennsylvania Association of Notaries Notary Public WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5198 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From KRISTEN N. FREEMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $82,236.70 Interest $1,892.57 Atty's Comm % Atty Paid $118.80 Plaintiff Paid Date: OCTOBER 20, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs C s R. Long, P notary By: Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 5TH AVE. PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) NO. 06-5198 Plaintiff, ) VS. ) KRISTEN N. FREEMAN, ) Defendant. ) AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 221 West Locust Street, Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Kristen N. Freeman 221 West Locust Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) Household Finance Consumer Discount 2700 Sanders Road Prospect Height, IL 60070 n 4. Name and address of the last recorded holder of every mortgage of record: Name Members 1 st Federal Credit Union Address (Please indicate if this cannot be reasonably ascertained) 2700 Sanders Road Prospect Height, IL 60070 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 Tax Collector of Mechanicsburg Boro United Water Borough of Mechanicsburg Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Address (Please indicate if this cannot be reasonably ascertained) 605 Somerset Drive Mechanicsburg, PA 17055 8189 Adams Drive Hummelstown, PA 17036 36 West Allen Street Mechanicsburg, PA 17055 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 PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 211 West Locust Street Mechanicsburg, PA 17055 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. October 17, 2006 Date SWORN TO and subscribed before me this 17th day of October, 2006. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Helen Boyce, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires May 4, 2010 Member, Pennsylvania Association of (Votaries Notary Public g c CD cn_ `77 Vs NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Kristen N. Freeman 221 West Locust Street Mechanicsburg, PA 17055 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 7, 2007 at 10:00 A.M., the following described real estate, of which Kristen N. Freeman are owners or reputed owners: Mechanicsburg Boro, Cty of Cumberland and Cmwlth of PA. HET a dwg k/a 221 West Locust Street, Mechancisburg, PA 17055. Parcel#20-23-0567-104 The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co vs. Kristen N. Freeman at No. 06-5198 in the amount of $82,236.70. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. '". 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. ac:;? ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 HIM © TJ (?? Q SHERIFF'S RETURN - REGULAR CASE NO: 2006-05198 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS FREEMAN KRISTEN N ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon the FREEMAN KRISTEN N DEFENDANT , at 0018:50 HOURS, on the 14th day of September, 2006 at 221 WEST LOCUST STREET MECHANICSBURG, PA 17055 KRISTEN FREEMAN by handing to a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 8.80 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 36.80,/ 09/15/2006 lgoi/v4 LOUIS P. VITTI & ASSOC Sworn and Subscibed to / By: before me this day Deputy Sheriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO, CIVIL DIVISION NO. 2006-5198 Plaintiff, AFFIDAVIT OF SERVICE vs. KRISTEN N. FREEMAN, Defendant. 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 CO., ) NO. 06-5198 Plaintiff, ) VS. ) KRISTEN N. FREEMAN, ) Defendant. ) AFFIDAVIT OF SERVICE I, Louis P. Vitti, do hereby certify that a Notice of Sale has been served upon the Defendants by Cumberland County Sheriff on December 16, 2006 and all lienholders by Certificate of Mailing, for service in the above-captioned case on October 23, 2007, advising them of the Sheriffs sale of the property at 211 West Locust Street, Mechanicsburg, PA 17055 on March 7, 2007. LOUIS P. VITTI & ASSOCIATES, P.C. SWORN to and subscribed before me this 13th day of February, 2006. ? --,ffi C-1 Notary Public BY Luis P. Vitti ta0M'A0NWEALTh OF PENNSYLVANIA h1otarial Seal Helen Boyce, Nolary Ptbiic City 0; Pi#Lbu gh, ANt ,ah y County My Commission Expires May 4.20 10 Member, Pennsylvania AS<aooiation of Notaries rr `w U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates, P.C. 916 Fifth Avenue. Piftsburah. PA 15219 One piece of ordinary mail addressed to: i Tax Collector of Mechanicsburg Boro 605 Somerset Drive r s Mechanicsburg, PA 17055 ?'.ry vc r-._ -4141117 mnn?nr -nun U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitt! & Associates. P.C. 916 Fifth Avenue. Pittsburah. PA 15219 One piece of ordinary mall addressed to, United Water 8189 Adams Drive Hummelstown, PA 17036 s r5 t-orm Saw, January zuui U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitt! & Associates. P.C. 916 Fifth Avenue. Pittsburah, PA 15219 One piece of ordinary mail addressed to: Borough of Mechanicsbur g a 36 West Allen Street r? Mechanicsburg, PA 17055 ??bHlti r5 rorm jai i, January zuui U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From Louis P. Vitt! & Associates, P.C. 916 Fifth Avenue, Pittsburgh. PA 15219 One piece of ordinary mail addressed to: Commonwealth of PA -DPW P.O. Box 8016 Harrisbur , PA 17105 F,5 rOrm jaw, January zuui d C rtt vro o C.n III 11#1rit??t?k4tM### rirt W Ica CL ?0 trr ' 1 P"d F C3 lb N Q CL fl U ?j "?Ifd f # r. IUD , G ?a CC CK) a Prr,, rl t V n, M i Vii. r gib ' rrr ? ?' a o` w ? UJ 4 to w* m N Q .- a Q ? U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 One piece of ordinary mail addressed to: Q r Clerk of Courts C Criminal/Civil Division One Courthouse Square bis Carlisle, PA 17013 rtf 0 G7? 0 IS c ix CO ?• • ?A3 tiro Oar 1??e m CO r+ 0 M IV-4, U 0 ra rnrm aai r..lanijarviuu-, I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitt! & Associates. P.C. 916 Fifth Avenue, Pittsburah. PA 15219 One piece of ordinary mail addressed to: Tax Claim Bureau of Cumberland Co un c Cumberland County Courthouse , One Courthouse Square Carlisle, PA 17013 v.Nrnrm sxi i _ran - nu,i U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitt! & Associates. P.C. 916 Fifth Avenue. Pittsburah. PA 15219 One piece of ordinary mail addressed to: Court of Common Pleas of Cumberland County Af Domestic Relations Division P.O. Box 320 ° Carlisle, PA 17013 PS Form 3817, January 2001 .( tl U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburah. PA 15219 One piece of ordinary mad addressed to: PA Dept. of Sheriff Sales Bureau of Compliance Dept. #281230; ; Harrisburg, PA 17128-1230 rs rorm mi r, Januaryzuui P? rr fb w 1T? d ? Car/ ?-- _ A W Ulm X611 '1 s ;tt ll? ;I*wT ????*«171*? F J d rW rr; ? ? H ca N 9 Q?9 tv Zr P/ , r(' o -n-r CP o C6 I ry c > rn ,? N ? i ? yssr 1tl '41 rA bds 3 ?.I ?? O C:? I, .. F U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 C?a ;a One piece of ordinary mail addressed to: m Tenant/Occupant fy5 211 West Locust Street ``.. Mechanicsburg, PA 17055 ra rorm so i f, JanuaryeuuI U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburah. PA 15219 ... One piece of ordinary mail addressed to: Ge Members 1 st Federal Credit Union 2700 Sanders Road Prospect Height, IL 60070 ill f ul LA-) 4t rn ? d FO tlt ..y tit; w ,¢ s, r'r,, a au Ps 4 J ?1 co a? IJ) P5 Form 3r517, January ZUu1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: C Louis P. Vitt! & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 One piece of ordinary mail addressed lo: p° a Household Finance Consumer Discount 2700 Sanders RoadF Prospect Height, IL 60070 F F M, lrl rrr *6444 11'" PS Form 3817, January 2001 T 4??rE; r ! rn z_s:? w c} t`;;;: rn z? C ! ..1-' ? Q `S 1 National City Mortgage Co. VS Kristen N. Freeman In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-5198 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Louis P. Vitti. Sheriff's Costs: Docketing $30.00 Poundage 1,614.92 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 17.60 Certified Mail 3.09 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 289.07 Share of Bills 16.83 n $2,393.01 ? 7 So Answers: ?v?? ? R. Thomas Kline, Sheriff BYI&QAV?U- - &'-- Real Estate ergeant 1.56 Gz 579lL ?' ila('3r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) NO. 06-5198 Plaintiff, ) vs. ) KRISTEN N. FREEMAN, ) Defendant. ) AFFIDAVIT PURSEANI TO-R 3129.1 National City Mortgage Co, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real properly located at 221 West Locust Street, Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Kristen N. Freeman 221 West Locust Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) Household Finance Consumer Discount 2700 Sanders Road Prospect Height, IL 60070 s? Y ,a 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) Members 1st Federal Credit Union 5. Name and address of every other person who-has any record- ien-onthe property- Name None 2700 Sanders Road Prospect Height, IL 60070 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: 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 Tax Collector of Mechanicsburg Boro United Water Borough of Mechanicsburg Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Address (Please indicate if this cannot be reasonably ascertained) 605 Somerset Drive Mechanicsburg, PA 17055 8189 Adams Drive Hummelstown, PA 17036 36 West Allen Street Mechanicsburg, PA 17055 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 Tax Claim Bureau of Cumberland County One Courthouse Square Cumberland County Courthouse Carlisle, PA 17013 Court of Common Pleas of P.O. Box 320 Cumberland County Carlisle, PA 17013 Domestic Relations Division PA Dept. of Sheriff Sales Dept. #281230 Bureau of Compliance Harrisburg, PA 17128-1230 Tenant/Occupant 211 West Locust Street Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal j 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. October 17. 2006 Date Loui i i, Esquire Atto eY r Plaintiff SWORN TO and subscribed before me this 17th day of October, 2006. COMMONWEALTH OP? PENNSYLVANIA Notarial seat HBoyce, Notary Public Pittsburgh, Allegheny County mmission Expires may 4, 201 o Member, Pennsylvania Association of (Votaries Notary Public LZ:11d 9Z 130 9001 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Kristen N. Freeman 221 West Locust Street Mechanicsburg, PA 17055 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 7, 2007 at 10:00 A.M., the following described real estate, of which Kristen N. Freeman are owners or reputed owners: Mechanicsburg Boro, Cty of Cumberland and Cmwlth of PA. HET a dwg k/a 221 West Locust Street, Mechancisburg, PA 17055. Parcel#20-23-0567-104 The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co vs. Kristen N. Freeman at No. 06-5198 in the amount of $82,236.70. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. 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. --- ff-thejudgirtent. you-did4wt file yith the C ut an , de fPnse 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. L ?Oim P Vitti, Esquire ey for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 8Z :11 V 9z 1 00 9001 ?I a1 '? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) NO. 06-5198 Plaintiff, ) vs. KRISTEN N. FREEMAN, Defendant. All that certain lot, parcel, piece of ground, with the improvements thereon erected, situate on the South side of Locust Street, Mechanicsburg Borough, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Beginning on said Locust Street at a point in the center of frame house now erected on said lot; thence along the partition wall southward, Ninety-seven (97) feet, more or less, to an alley; thence northward along said alley, twenty (20) feet, more or less, to the corner of lot now or late of Foster Bender; thence Northward along said lot, Ninety-seven (97) feet, more or less, to Locust Street; thence Eastward Twenty (20) feet, more or less, to the place of beginning. Having erected thereon a dwelling known as 221 West Locust Street, Mechanicsburg, PA 17055 Parcel#20-23-0567-104 Being the same premises which Kristen N. Powell nbm Kristen N. Freeman and Todd A. Freeman by their deed dated 5/1/02 and recorded on 5/3/02 in the Office of Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book Volume 251, page 2890 granted and conveyed unto Kristen N. Freeman. L Z :11 V q Z 100 9001 i REfi=rrr• WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-5198 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From KRISTEN N. FREEMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $82,236.70 L.L. $.50 Interest $1,892.57 Atty's Comm % Due Prothy $1.00 Atty Paid $118.80 Other Costs Plaintiff Paid Date: OCTOBER 20, 2006 (Seal) Curtis . Long otary By: Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 5TH AVE. PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 Real Estate Sale # 37 On November 6, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Mechancisburg Borough, Cumberland County, PA Known and numbered as 221 West Locust Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 6, 2006 By: kJoc[q Real Estate Sergeant Z 11 9Z lj0 900Z THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION . . ....... ..... .......................... COPY Sworn to and sqcr' be re me this 26th day of Feb ??pppp77 AA SALE #37 COMMONENLTHENNSYCNlA Notarial Seal Terry L. Russell, Nota Public City Of Har ' burg, D P n County My Commi ion Ex ' une 6, 2010 Pnn 5 As?oriition of 0 Ie NOTARY PuT3LIC 1 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 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: January 26, February 2 and February 9, 2007 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. isa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County IV% X;mrr! lion Expires March 5, 2009 REAL ESTATE SALE NO. 37 Writ No. 2006-5198 Civil National City Mortgage Co. vs. Kristen N. Freeman Atty.: Louis P. Vitti LEGAL DESCRIPTION All that certain lot, parcel, piece of ground, with the improvements thereon erected, situate on the South side of Locust Street, Mech- anicsburg Borough, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Beginning on said Locust Street at a point in the center of frame house now erected on said lot; thence along the partition wall southward, Ninety-seven (97) feet, more or less, to an alley; thence northward along said alley, twenty (20) feet, more or less, to the cor- ner of lot now or late of Foster Bender; thence Northward along said lot, Ninety-seven (97) feet, more or less, to Locust Street; thence Eastward Twenty (20) feet, more or less, to the place of begWning. Having erected thereon a dwell- ing known as 221 West Locust Street, Mechanicsburg, PA 17055. Parcel #20-23-0567-104. Being the same premises which Kristen N. Powell nbm Kristen N. Freeman and Todd A. Freeman by their deed dated 5/ 1 /02 and re- corded on 5/3/02 in the Office of Recorder of Deeds Office of Cum- berland County. Pennsylvania in Deed Book Volume 251, page 2890 granted and conveyed unto Kristen N. Freeman.