HomeMy WebLinkAbout06-7321
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO., CIVIL DIVISION
NO. 06-7321 CIVIL TERM
Plaintiff, PRAECIPE FOR DEFAULT
JUDGMENT, CERTIFICATION OF
MAILING AND AFFIDAVIT OF NON-
vs. MILITARY SERVICE
BENJAMIN H. MILLIKEN, III, 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. 06-7321 CIVIL TERM
Plaintiff,
vs.
BENJAMIN H. MILLIKEN, III,
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 $98,876.86, in favor of the
National City Mortgage Co., Plaintiff in the above-captioned action, against the Defendants,
Benjamin H. Milliken, III and assess Plaintiffs damages as follows and/or as calculated in the
Complaint:
Unpaid Principal Balance $879312.06
Interest from 07/01/06-02/26/07 3,301.11
(Plus $16.2537 per day after 02/26/07)
Late charges (Plus $26.77 per
month from 12/28/06-06/13/07 $133.85) 133.85
Attorney's fee 49365.60
Escrow Deficit 33764.24
(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 J2&876.86
The real estate, which is the subject matter of the Complaint, is situate in East
Pennsboro Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 720 Shaffer Street, Enola, PA
17025. Parcel No. 09-12-2993-076.
Louis P. Vitti, Esquire
Attorney for the Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.,
NO. 06-7321 CIVIL TERM
Plaintiff,
vs.
BENJAMIN H. MILLIKEN, III,
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 February 14, 2007, giving ten (10) day notice that judgment
would be entered should no action be taken.
LOUIS P. VITTI & ASSOCIATES, P.C.
BY:
Louis P. Vitti, Esquire
Attorney for Plaintiff
SWORN to and subscribed
before me this 26th day cOMMoNWe.
- h; ..+.rial Kcal
of February, 2007. He!e,, Boyce, rl4'.a? Public
City o' Pi;tsburgn, a'!?heny County
My Commiss or, Evp;-. - . P,/ay 4, 2010
Member, Pe:f_s IMIIX,,?? rs 9ii?r? of Notaries
Notary Public
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.,
vs.
BENJAMIN H. MILLIKEN, III,
NO. 06-7321 CIVIL TERM
Plaintiff,
Defendant.
IMPORTANT NOTICE
TO: Benjamin H. Milliken, III
720 Shaffer Street
Enola, PA 17025
Date of Notice: February 14, 2007
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 AVENUE
CARLISLE, PA 17013
(717) 249-3166
LOUI;for I& AS 7TE , P.C.
E
BY:
L uis squire
A intiff
916 Fifth Avenue
Pittsburgh, PA 15219
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT
OF A LIEN AGAINST PROPERTY.**
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, 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.
Louis P. Vitti, Esquire
SWORN to and subscribed
before me this 26th day
Seal
of February, 2007. H ,I,r° }w+ ary Public
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO., CIVIL DIVISION
NO. 06-7321 CIVIL TERM
Plaintiff, PRAECIPE FOR WRIT OF
EXECUTION AND AFFIDAVIT OF
LAST KNOWN ADDRESS
vs.
BENJAMIN H. MILLIKEN, III,
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. 06-7321 CIVIL TERM
Plaintiff,
VS.
BENJAMIN H. MILLIKEN, III,
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 $989876.86
Interest 02/27/07-06/13/07 1,722.90
Total $1003599.76
The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate
in:
East Pennsboro Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 720 Shaffer Street, Enola, PA
17025. Parcel No. 09-12-2993-076.
Louis P. Vitti, Esquire
Attorney for Plaintiff
. •
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: ( ) Confessed Judgment
National City Mortgage Co. ( ) Other
File No. 06-7321 Civil Term
VS.
Amount Due 982876.86
Benjamin H. Milliken, III Interest 11722.90
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 ori.ginal proceeding filed pursuant to Act 7 of 1966 as
amended; 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 legal description.
PRAECIPE FOR ATTACIMM EXFXVI'ION
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 lis pendens against
real estate of the defendant(s) described in the attached exhibit.
DATE: Ilebruary 26, 2007
Signature-
Print Name: Louis P. Vitti
address: 916 Fifth Avenue
Pittsburgh, PA 15219
Attornev for: Plaintiff
Tz1e,hV?,e: (412) 281-1725
01072
Notes: If real property, supply six copies of description including improvements and an
original and copy of affidavit of ownership (PaR.C.P. No. 3129).
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If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.,
: NO. 06-7321 CIVIL TERM
Plaintiff,
vs.
BENJAMIN H. MILLIKEN, III,
Defendant.
LEGAL DESCRIPTION
ALL that certain lot of land situate in the Township of East Pennsboro, County of Cumberland,
Commonwealth of Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the Southerly line of Shaffer Street at the Easterly line of Lot No. 2 on the
hereinafter mentioned Plan of Lots, said point being 91.72 feet measured along said line of Shaffer Street
Eastwardly from the Easterly line of Herin Lane; thence along said line of Shaffer Street North 71 degrees
58 minutes 30 seconds East 26 feet to a point; thence by the Westerly line of Lot No. 4 on said Plan South
18 degrees 01 minutes 30 seconds East 114.63 feet to a point on line of land now or formerly of Donald
F. Neidig; thence by said Neidig land South 69 degrees 55 minutes 40 seconds West 26.02 feet to a point;
thence by the Easterly line of Lot No. 2 aforesaid, North 18 degrees 01 minutes 30 seconds West 115.56
feet to a point at the Southerly line of Shaffer Street, the place of beginning.
BEING Lot No. 3 on Plan No. 1, Gatesway Townhouses, said Plan being recorded in Plan Book 38, Page
144, Cumberland County Records.
HAVING erected a townhouse, No. 720 Shaffer Street, Enola, PA 17025.
PARCEL NO. 09-12-2993-076
UNDER AND SUBJECT to easement of access in favor of other owners of lots on said Plan and together
with the right to use said easement and the easement between Lots 6 and 7 as appears thereon in common
with other owners similarly entitled.
BEING the same premises which Beverly A. Cleland, a single woman, by deed dated 09/05/2003 and
recorded on 09/11/2003 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book
Volume 259, page 1103, granted and conveyed unto Benjamin H. Milliken, III, a single man.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.,
NO. 06-7321 CIVIL TERM
Plaintiff,
VS.
BENJAMIN H. MILLIKEN, III,
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 properly on which the Plaintiff seeks to execute . That
the Defendants' last known address is 720 Shaffer Street, Enola, PA 17025.
Louis P. Vitti, Esquire
SWORN TO and subscribed
before me this 26th day of y _u G
Ary Public
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February, 2007. ,her,yc???r
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.,
NO. 06-7321 CIVIL TERM
Plaintiff,
VS.
BENJAMIN H. MILLIKEN, III,
Defendant.
AFFIDAVIT
I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Co. 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.
SWORN to and subscribed
before me this 26th day
T r
Louis P. Vitti, Esquire
Attorney for Plaintiff
of February, 2007.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.,
NO. 06-7321 CIVIL TERM
Plaintiff,
VS.
BENJAMIN H. MILLIKEN, III,
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 720 Shaffer
Street, Enola, PA 17025.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Benjamin H. Milliken, III 720 Shaffer Street
Enola, PA 17025
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)
Court of Common Pleas of Juniata Counry P.O. Box 68
Domestic Relations Division Mifflintown, PA 17059-0068
.11 Al
4. Name and address of the last recorded holder of every mortgage of record:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
5. Name and address of every other person who has any record lien on the property:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
6. Name and address of every other person who has any record interest in or record lien on the
property and whose interest may be affected by the sale:
Name
Address (Please indicate if this
cannot be reasonably ascertained)
None
7. Name and address of every other person of whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name
Address (Please indicate if this
cannot be reasonably ascertained)
Tax Collector of East Pennsboro Township
Attn: Alicia Stine
American Water
Trash & Sewer Twp. of East Pennsboro
Commonwealth of PA -DPW
Clerk of Courts
Criminal/Civil Division
Tax Claim Bureau of Cumberland County
Cumberland County Courthouse
98 South Enola Drive, Room 101
Enola, PA 17025
P.O. Box 371412
Pittsburgh, PA 15250
98 South Enola Drive
Enola, PA 17025-2796
P.O. Box 8016
Harrisburg, PA 17105
One Courthouse Square
Carlisle, PA 17013
One Courthouse Square
Carlisle, PA 17013
Court of Common Pleas of
Cumberland County
Domestic Relations Division
PA Dept. of Sheriff Sales
Bureau of Compliance
Tenant/Occupant
P.O. Box 320
Carlisle, PA 17013
Dept. #281230
Harrisburg, PA 17128-1230
720 Shaffer Street
Enola, PA 17025
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.
February 26, 2007
Date
SWORN TO and subscribed
before me this 26th day
of February, 2007.
Notary Public
Louis P. Vitti, Esquire
Attorney for Plaintiff
J
ter.
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NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Benjamin H. Milliken, III
720 Shaffer Street
Enola, PA 17025
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 13, 2007 at 10:00 A.M., the
following described real estate, of which Benjamin H. Milliken, III are owners or reputed owners:
East Pennsboro Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 720 Shaffer Street, Enola, PA
17025. Parcel No. 09-12-2993-076.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of
National City Mortgage Co. vs. Benjamin H. Milliken, III at No. 06-7321 Civil Term in the amount of
$98,876.86.
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 o-
the Sheriff.
The Writ of Execution has been issued because there is a judgment against you. It may cause yoL
property to be held or taken to pay the judgment. You may have legal rights to prevent your propert
from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise yoi
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 Sheriff s Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you.
You may have the right to prevent or delay the 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 Sheriff s 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.
r
Louis P. Vitti, Esquire
Attorney 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
?.ECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD
iOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT
rF A LIEN AGAINST PROPERTY.**
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-7321 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 BENJAMIN H. MILLIKEN, III
(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 $98,876.86
Interest 2/27/07-6/13/07 - $1,722.90
Atty's Comm %
Atty Paid $149.60
Plaintiff Paid
Date: MARCH 2, 2007
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
C is R. L , Pr honota
By:
Deputy
REQUESTING PARTY:
Name LOUIS P. VITTI, ESQUIRE
Address: 916 FIFTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-281-1725
Supreme Court ID No. 01072
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO., CIVIL DIVISION
NO. 0673XI
Plaintiff,
COMPLAINT IN MORTGAGE
FORECLOSURE
VS.
BENJAMIN H. MILLIKEN, III
Code -MORTGAGE FORECLOSURE
Defendant.
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. )
Plaintiff, ) NO: 64-73X1 Gl Js (' ef-%
vs. )
BENJAMIN H. MILLIKEN, III )
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 720 Shaffer
Street, Enola, PA 17025. The property address is 720 Shaffer Street, Enola, PA 17025 and is the subject
of this action.
3. On the 5th day of September, 2003, in consideration of a loan of Ninety Thousand Nine
Hundred ninety three and 00/100 ($90,933.00) Dollars made by National City Mortgage Co., an Ohio
corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Co.,
an Ohio corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National
City Mortgage Co., as mortgagee, which mortgage was recorded on the 11th day of September, 2003, in the
Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1835, page 1525. 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 August 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 Ninety Eight Thousand Ninety Two and 85/100 Dollars
($98,092.85) with interest and costs.
Respectfully submitted,
LOUIS P. VITTI & ASSOC., P.C.
BY
is P. Vitti, Esquire
Attorney for Plaintiff
MILLIKEN
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance
Interest @ 5.7500% from 07/01/06 through
(Plus $13.7546 per day after 12/31/2006 )
Late charges through 12/28/2006
0 months @ 26.77
Accumulated beforehand
(Plus $26.77 on the 17th day of each month after
Attorney's fee
12/31/2006
12/28/2006 )
Escrow deficit
(This figure includes projected additional charges that may be incurred by the Plaintiff
and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale)
BALANCE DUE
87,312.06
2,517.10
133.85
4,365.60
3,764.24
98,092.85
1h i Wreh(
EXHIBIT "A"
ALL THAT CERTAIN lot of land situate in the Township of East Pennsboro, County of Cumberland,
Commonwealth of Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the southerly line of Shaffer Street at the easterly line of Lot No. 2 on the
hereinafter mentioned Plan of Lots, said point being 91.72 feet measured along said line of Shaffer
Street eastwardly from the easterly line of Herin Lane; thence along said line of Shaffer Streel: North 71
degrees 58 minutes 30 seconds East 26 feet to a point; thence by the westerly line of Lot Na. 4 on said
Plan South 18 degrees 01 minutes 30 seconds East 114.63 feet to a point on line of land 4n?c;o or
formerly of Donald F. Neidig; thence by said Neidig land South 69 degrees 55 minutes
West 26.02 feet to We point; 56 feet to a point at the southerly line ofrShaffer JStreet, the pace of
minute 30 seconds
BEGINNING.
BEING Lot No. 3 on Plan No. 1, Gatesway Townhouses, said Plan being recorded in Plan Book 38,
Page 144, Cumberland County Records.
HAVING thereon erected a townhouse, No. 720 Shaffer Street, Enola, Pennsylvania.
UNDER AND SUBJECT to easement of access in favor of other owners of lots on said Plan and
together with the right to use said easement and the easement between Lots 6 and 7 as appears
thereon in common with other owners similarly entitled.
BEING THE SAME PREMISES which Beverly A. Cleland, by deed dated September _E-,-2003, and
intended to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland
County, granted and conveyed unto Benjamin H. Milliken, III, Mortgagor herein:
wwal
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: December 28, 2006
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-07321 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL CITY MORTGAGE CO
VS
MILLIKEN BENJAMIN H III
MARK CONKLIN Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
MILLIKEN BENJAMIN H III the
DEFENDANT , at 1900:00 HOURS, on the 24th day of January-, 2007
at 720 SHAFFER STREET
ENOLA, PA 17025
BENJAMIN MILLIKEN
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: So Answers:
Docketing 18.00
Service 3 9 . 6 0yr-
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
67.60,/ 01/25/2007
LOUIS VITTI
I x --,'
Sworn and Subscibed to 00 By:
before me this day Deputy -Sheriff
of A.D.
by handing to
National City Mortgage co.
VS
Benjamin H. Milliken, II
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2006-7321 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
Poundage
Levy
Advertising
Mileage
Posting Handbills
Law Library
Prothonotary
Surcharge
Share of Bills
$30.00
3.41
15.00
15.00
57.60
15.00
.50
1.00
20.00
16.17
$ 173.68
D
Y 7
R. Thomas Kline, Sheriff
BY44
aReal Estate ergeant
$1-0 LA
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P
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.,
Plaintiff,
VS.
BENJAMIN H. MILLIKEN, III,
Defendant.
NO. 06-7321 CIVIL TERM
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 720 Shaffer
Street, Enola, PA 17025.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Benjamin H. Milliken, III 720 Shaffer Street
Enola, PA 17025
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)
Court of Common Pleas of Juniata Counry P.O. Box 68
Domestic Relations Division Mifflintown, PA 17059-0068
r * w 1
7
4. Name and address of the last recorded holder of every mortgage of record:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
5. Name and address of every other person who has any record lien on the property:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
6. Name and address of every other person who has any record interest in or record lien on the
property and whose interest may be affected by the sale:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
7. Name and address of every other person of whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name
Address (Please indicate if this
cannot be reasonably ascertained)
Tax Collector of East Pennsboro Township
Attn: Alicia Stine
American Water
Trash & Sewer Twp. of East Pennsboro
Commonwealth of PA -DPW
Clerk of Courts
Criminal/Civil Division
Tax Claim Bureau of Cumberland County
Cumberland County Courthouse
98 South Enola Drive, Room 101
Enola, PA 17025
P.O. Box 371412
Pittsburgh, PA 15250
98 South Enola Drive
Enola, PA 17025-2796
P.O. Box 8016
Harrisburg, PA 17105
One Courthouse Square
Carlisle, PA 17013
One Courthouse Square
Carlisle, PA 17013
Court of Common Pleas of
Cumberland County
Domestic Relations Division
PA Dept. of Sheriff Sales
Bureau of Compliance
Tenant/Occupant
P.O. Box 320
Carlisle, PA 17013
Dept. #281230
Harrisburg, PA 17128-1230
720 Shaffer Street
Enola, PA 17025
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.
February 26. 2007
Date
SWORN TO and subscribed
before me this 26th day
of February, 2007.
Notary Public
Louis P. Vitti, Esquire
Attorney for Plaintiff
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NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Benjamin H. Milliken, III
720 Shaffer Street
Enola, PA 17025
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 13, 2007 at 10:00 A.M., the
following described real estate, of which Benjamin H. Milliken, III are owners or reputed owners:
East Pennsboro Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 720 Shaffer Street, Enola, PA
17025. Parcel No. 09-12-2993-076.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of
National City Mortgage Co. vs. Benjamin H. Milliken, III at No. 06-7321 Civil Term in the amount of
$98,876.86.
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 SI4OULD 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.
r
Louis P. Vitti, Esquire
Attorney 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.**
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.,
NO. 06-7321 CIVIL TERM
Plaintiff,
vs.
BENJAMIN H. MILLIKEN, III,
Defendant.
LEGAL DESCRIPTION
ALL that certain lot of land situate in the Township of East Pennsboro, County of Cumberland,
Commonwealth of Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the Southerly line of Shaffer Street at the Easterly line of Lot No. 2 on the
hereinafter mentioned Plan of Lots, said point being 91.72 feet measured along said line of Shaffer Street
Eastwardly from the Easterly line of Herin Lane; thence along said line of Shaffer Street North 71 degrees
58 minutes 30 seconds East 26 feet to a point; thence by the Westerly line of Lot No. 4 on said Plan South
18 degrees 01 minutes 30 seconds East 114.63 feet to a point on line of land now or formerly of Donald
F. Neidig; thence by said Neidig land South 69 degrees 55 minutes 40 seconds West 26.02 feet to a point;
thence by the Easterly line of Lot No. 2 aforesaid, North 18 degrees 01 minutes 30 seconds West 115.56
feet to a point at the Southerly line of Shaffer Street, the place of beginning.
BEING Lot No. 3 on Plan No. 1, Gatesway Townhouses, said Plan being recorded in Plan Book 38, Page
144, Cumberland County Records.
HAVING erected a townhouse, No. 720 Shaffer Street, Enola, PA 17025.
PARCEL NO. 09-12-2993-076
UNDER AND SUBJECT to easement of access in favor of other owners of lots on said Plan and together
with the right to use said easement and the easement between Lots 6 and 7 as appears thereon in common
with other owners similarly entitled.
BEING the same premises which Beverly A. Cleland, a single woman, by deed dated 09/05/2003 and
recorded on 09/11/2003 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book
Volume 259, page 1103, granted and conveyed unto Benjamin H. Milliken, III, a single man.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 06-7321 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 BENJAMIN H. MILLIKEN, III
(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 $98,876.86 L.L. $.50
Interest 2/27/07-6/13/07 - $1,722.90
Atty's Comm %
Due Prothy $1.00
Atty Paid $149.60 Other Costs
Plaintiff Paid
Date: MARCH 2, 2007
(Seal)
&447?2L
Curti R. Long, on tary
By:
Deputy
REQUESTING PARTY:
Name LOUIS P. VITTI, ESQUIRE
Address: 916 FIFTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-281-1725
Supreme Court ID No. 01072
Real Estate Sale # 68
On March 13, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA
Known and numbered as 720 Shaffer Street,
Enola, more fully described on Exhibit "A"
filed with this writ and by this reference
CW
incorporated herein.
Date: March 13, 2007 By:
,?? ?e
Real Esta a Sergeant
7 L: G 0- Lfl
• r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO., CIVIL DIVISION
No. 06-7321
Plaintiff,
PRAECIPE TO SETTLE AND
vs. DISCONTINUE AND VACATE
JUDGMENT
Filed on behalf of
Plaintiff
BENJAMIN H. MILLIKEN, III,
Counsel of record for this
party:
Defendant.
Louis P. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
Louis P. Vitti, Esquire
PA I. D . #01072
(412) 281-1725
i"
•
.w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.,
Plaintiff,
BENJAMIN H. MILLIKEN, III,
Defendant.
TO: THE PROTHONOTARY
NO. 06-7321
KINDLY settle and discontinue Plaintiff s case in the above-captioned matter.
KINDLY vacate the judgment.
LOU P. VI ASSOCIATES, P.C.
BY:
Louis P. Vitti, Esquire
Attorney for Plaintiff
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