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HomeMy WebLinkAbout94-06079 " I I ,'I I I " I -, ,I - .. I' ~ ,-I' .,- E I I I . -7 'I " I Q. J ," ..r I E I' I ~ I, .u Ci ) " I " , / , I' l I ( " I i , , I, ',' ~ I,." " -- " ':1 " ;;1 " " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNSYLVANIA FLEET MORTGAGE CORP., Assignee of COMMONWEALTH MORTGAGE COMPANY OF AMERICA, L.P. CIVIL DIVISION NO. '1/1 &,071 6-v-vt~~ COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, vs. Code 140 MORTGAGE FORECLOSURE VINCENT P. MITCHELL and ANNETTE C. MITCHELL Filed on behalf of Plaintiff Defendants. Counsel of record for this pany: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Coun #01072 Louis P. Vitti & Assoc., P.C. 1031 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ~ NOIltE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 3RD FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 697.0317 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 1121 E. Wells, Milwaukee, W/53202. 2. The Defendants are individuals residing at 191 0 Fry Loop Avenue, Carlisle, PA 17013. 3. On Ihe 29th day of September, 1989, in consideration of a loan of Seventy Thousand Six Hundred Thirty Five and 00/100 ($70,635.00) Dollars made by Commonwealth Mortgage Company of America, loP., a Delaware corporation, to Defendants, the said Defendants executed and delivered to Commonwealth Mortgage Company of America, loP., d Deldware corporation, a "Note" secured by a Mortgage with the Defendants as mortgagors and Commonwealth Mortgage Company of America, as mortgagee, which mortgage was recorded on Ihe 4th day of October, 1989, in the Office of the Recorder of Deeds of Cumberland Counly, in Mortgdge Book Volume 954, page 733. The said mortgage Is incorporated herein by reference. 4. The premises secured by the mortgage are: ALL THAT CERTAIN lot of ground situate in the Township of North Middleton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Western side of Fry Avenue, which point is the Northeastern corner of Lot No. 55, as shown on plan No.4 of Schlusser Village, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in plan Book 7, Page 39; thence in awes ter ly direct ion along the ~orthern line of Lots Nos. 55 and 54 as shown on said Plan of Sch1usser Village 110 feet to a point, the Northwestern corner of aaid Lot No. 54; thence in a Northerly direction parallel with Fry Avenue, as shown on said Plan No.4 of Schlusser Village 110 feet to a point; thence in an Easterly directi.on along lane now or formerly of Mac T. Stambaugh et ux, 110 feet, more o~ less, to a point in the Western line of said Fry Avenue; thence in a southerly direction along the Western line of said Fry Avenue 110 feet to a point, the place of BEGINNING. 5. On the 6th day of October, 1989, Commonwealth Mortgage Company of . America, L.P., a Delaware corporation, assigned to the Plaintiff. Fleet Mortgage Corp., the said mortgage, that assignment being recorded in the Office of the Recorder of Deeds of Cumberland County on the 28th d.1Y of february, 1990, in Mortgage Book Volume .376, page 983. The said assignment is incorporated here;n by reference. 2 devisee of the mortgagor from liability for the debt secured by the mortgage. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for .he amount due of Eighty Seven Thousand Five Hundred Twenty Four and 81/100 Dollars ($87,524.81) with interest and costs. Respectfully submitted, LOUIS p.~ VITTI & ASSOC., P.c. '~>t~ BY r ) L . Vitti, Esquire tto ney lor Plaintiff , 4 '1' IQ "::I' ~ en .". ,- ~\c-j r; . ,!:... -.- ~.() I '-'-- r- .... .....::t- ~ Cry - P ...... I"'- ...... ~ r-- - ....... .g ~ .~~ "(\ ~ c::) ~ '. ~. \::::) ,'" \ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND Fleet Mortgage Corporation, Assignee of Commonwealth Mortgage Company of America, L.P. VB Vincent P. Mitchell and Annette C. Mitchell In The Court of Common PleaL of Cumberland County, Pennsylvllnia No. 94-6079 Civil Term Complaint in Mortgage Foreclosure and Notice J. Michael Ickes, Deputy Sh~riff, who being duly sworn according to law, says that on October 28, 1994 at 11:45 o'clock A.M., E.S.T., he served a true copy of the within Complaint in Mortgage Foreclosure and Notice, in the above entitled action, upon the within nemed defendant, to wit: Annette C. Mitchell, by making known unto Annette Mitchell, at 1831 Walnut Dottom Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Leroy ijippensteel, Deputy Sheriff, who being duly sworn according to law, says that on November 12, 1994 at 4:30 o'clock P.M., E.S.T., he served a true copy of the within Complaint in Mortgage Foreclosure and Notice, in the above entitled action. upon the within named defendant, to wit: Vincent P. Mitchell, by making known unto Vincent Mitchell, at 590 Miller Blvd., Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Sheriff's Costs: Docketing Service Surcharge 18.00 11. 76 4.00 33.76 Pd. by Atty. 11-14-94 So Answers: .0 /A __"_.~,. I .,..~": ...- ..... ..' .',' , .............~_...,;". ...._~ .. .~. .....~ .-':.;;.,.......,..::.:.t~ R. Thomas Klin , S eriff . Sworn and Subscribed to Before Me BY Duty BY~~~~;"''' 4;..,..-./~r- Del)"-~ SheMff , This ~_ 1994, A.D. Day of 711 ro" ...J..~ '~L"'--'l '-.. [~. hi, 1.~.t.'J .' Jlrothonotary ,I\.~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FLEET MORTGAGE CORP., Assignee of COMMONWEALTH MORTGAGE COMPANY OF AMERICA, L.P., . . . . . . : Plaintiff. . . VII. 94-6079 Civil Term VINCENT P. MITCHELL and ANNETTE C. MITCHELL, Defendal'l~s. ~.RTI.ICA~O. O. KAXLlwq I, Louis P. Vit'.:!, do I:crt;bv cf':!.'t1fy that a ~oticll of Intention , to Take Judgment was mailed to th~ r.oferdant{e), V1ncert P. Mitchell\and Annette C. Mitchell ir, the above""::ilptionei case on 1;>ecember 5, 1994, giving ten (10) day nc.t.ice tha\: j..dglner.t would hfl p,rtered should no , action be taken. LOUIS P. VITTI & A~SOcrATES, P.C. -~ I trtt'i'" VE, quire' Pldntit! SWORN to llnd sUbscribed before me this 21st day of oecenber, 1994. (:lY2?<1 / 11 .'>- !.:i" ,'), <ctf' Notary Publ ic ,J "'1, ':,',;1 I J AnnMCr:II;,;'h, :;":.P'I""II',!c F\t'hJI.I' \:1 ';1,." ,~ " ltf;C..l1'llk ",I:f,.,:" 'I'"~ , ,',',t I, !1 l:~ 'I r', ,:7:':;,~;,~~i':'~ ~~~ ;;:;z~ ..1 I ;. iN THE COURT OF C -"'ON PLEAS OF' CI1MBERLAND cr!I..'r'i, PENlIS'iLVANIA CIVIL DIVISION FLEET MORTGAGE CORP., Assignee of COMMONWEALTH MORTGAGE COMPAN'i OF AMERICA, L. P. , Plaintiff, Vlll. No.: 94-6079 civil Term VINCENT P. MITCHELL and ANNETTE C. MITCHELL, Defendants. IHPOaTAHf HOTICI TO: Annette C. Mitchell 1831 Walnut Bottom Road Newville, PA 17241 'iou are in default because you have failed to take action required of you in th~ above-captioned case. Unless you act within ten (10) days from the date of this Notice, a judgment may be entered against you without a hearing and /0\1 may lose your property or other important rights. 'iou 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 f"llowing office set forth below to find out where you can get legal help: CUMBERLAND LAW'iER REFERRAL SERVICE COURT ADMINISTRATOR 3RD n..oOR CUMBERLAND COUNT'i COURTHOUSE CARLISLE, PA 17013 TELEPHONE: (717) 697-0317 I~UIS P. VITTI & ASSOCIATES, P.C. ~ B'i: Vitti, Esquire At ney for Plaintiff 1031 Fifth Avenue Pittsburgh, PA 15219 Date of Notice: December 5, 1994 ,', . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT'i, PENNS'iLVANIA CIVIL DIVISION COMMONWEALTH OF PENNS'iLVANIA, SS: COUNT'i OF ALLEGHEN'i BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, E~quire, who, being duly sworn dccording 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 veri~y believes. This Affidavit is made under the provisions of. the Soldiers and Sailors civil Relief Act of 1940. SWORN to and subscribed before me this 21st day of December, 1994. c;.;Hn / lJ VA.,;" Notary Public ~. . 'I Aru-"~} ," 'i'. . j''.I.:'r;; f . UvC " .0,,1"\ (-1 . I - --....-.... . -.- " '. . ,'-~-..~,.I. ~I . ,. ~ l.., I ~. 'Q . . , ~, '! ~ ~ -- ~ ~ ~ "v -s: 1 '\J'- .~ "--t-- f'-~ Cl , "'- CJ 1,(/ U"> ~~ r-- ~ "-_) --tJ c:n - " I ~ ~ '- ..- ....- - oj .-\-. !.. r:. (\:--J ../,. "::,j, ~ \.-1 .... -.) ~~~ - ,......" .:r.~ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FLEET MORTGAGE CORP., Assignee of COMMONWEALTH MORTGAGE COMPANY OF AMERICA, L.P., Plaintiff, CIVIL DIVISION NO.: 94-6079 civil Term PRAlCIPI roa waIT or IXICUTION AND AFFIDAVIT or LAST KNOWN ADDall1 vs. VINCENT P. MITCHELL and ANNETTE C. MITCHELL, Code 140 MORTGAGE FORECLOSURE Filed on behalf of Plaint! ff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PA I. D. *3810 supreme Court *01072 Louis P. Vitti & Assoc., P.C. l031 Fifth Avenue Pittsburgh, PA 15219 (412) 28l-1725 IN THE COURT or COMMON PLEAS 0'- CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FLEET MORTGAGE CORP., Assignee o~' COMMONWEALTH MORTGAGE COMPANY OF AMERICA, L.P., Plaintiff, vs. 94-6079 Civil Term VINCENT P. MITCHELL and ANNETTE C. MITCHELL, Defendants. PRAICIPI Foa waIT or IXICUTION IN MOaTOAGI FoalCLOsual TO: PROTHONOTAR'i 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 $87,524.81 ./ Interest 11/1/94 - 6/7/95 3,919.07 Total S91.443.88 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Twp. of N. Middleton, cumberland cty., PA. HET a dwg. k/a 1910 Fry Ave., Carlisle, PA 17013. Parcel j16-1094-249. Lo Attorney . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FLEET MORTGAGE CORP., Assignee of COMMONWEALTH MORTGAGE COMPAN'i OF AMERICA, L.P., Plaintiff, vs. 94-6079 Civil Term VINCENT P. MITCHELL and ANNETTE C. MITCHELL, Defendants. Arl'IDAVIT 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 that the Plaintiff seeks to execute on. That the Defendants' last known address is 1831 Walnut Bottom Road, Newville, PA l7241 for Annette C. Mitchell and 590 Miller Blvd., Mechanicsburq, PA 17055 for Vincent P. Mitchell SWORN TO and subscribed before me this 21st day of uvr-' December, 1994. Nnlc",:',.1 .'J' htnM'. G()!I~.:,;" :-" N"r:lrjPIJbIlc F'tW:bl Jlqti ^1"l~'1rJP;II.;l;'l.;I'IIY ~ccml~~:::_I~':~:~':~.::.,~~~ ' . r1, ..0r, ttn(lU~""W1hj ~l.A.l/.l~UI) vI I'i.t.lui',-,:.. ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FLEET MORTGAGE CORP., Assignee of : COMMONWEALTH MORTGAGE COMPANY OF AMERICA, L. P. , Plaintiff, vs. 94-6079 Civil Term VINCENT P. MITCHELL and ANNETTE C. MITCHELL, Defendants. . . Arl'IDAVJT I, Louis P. Vitti, d~ hereby swear that, to the best Qf my knowledge, information and belief, the Defendant(s), is/are the owners of the real property that the Plaintiff seeks to execute on. That the Defendants' last known address is 1831 Walnut Bottolll Road, Newville, PA 17241 for Annette C. Mitchell and 590 Miller Blvd., MechanicsDurq, PA 17055 for vincent P. Mitchell SWORN TO and subscribed befors me this 21st day of December, 1994. up; N"!~r.:~' ..: --. ! Ann M(l:I"'::,,' ~,"j\~:r'-f'lI;r.11C J '. F'lillil:lltl;1l". .VI,VJp:.~', '.;;:'I~"'!'I ' ~"Ccn'm.&.M[.,,',r"'1""'j, i'-, t'll"A' '''''I".cor, Wlns;;;w'~~j~:--'I-':';"';". : ...'...w..,..... '/ \ " ' Notary Publ ic ,.' ,II {, I I" '" I IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FLEET MORTGAGE CORP., Assignee of COMMONWEALTH MORTGAGE COMPANY OF AMERICA, L. P., Plaintiff, . . . vs. 94-6079 Civil Term VINCENT P. MITCHELL and ANNETTE C. MITCHELL, Defendants. AFFIDAVIT I, Louis P. vitti, hereby certify that as repressntative of Fleet Mortgage corp., et al. am familiar with the above-captior.ed case and various servicing activities related thereto and that ths provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. ~ Attorney for Plaintiff SWORN to and subscribed before m~ this 21st day of December, 1994. ,~ - Afln M. (\~jrli'>I~,I,.. .:j':}-\~I PI rbllO J' F1:1~'t'I..I'J!1 ~ "I' ,t- (f'-',: l"o.lU.: '9 , ~~Catnllllt;~,0I1.i,,>,-f1-,"}' .1,~_.. - EI~'l>vr, 81111;;', JJ,I.i~,';=~j':'~l.i~:-i\'i:....,...j - Address cannot bs ascertained. Rich Knosky Suzanne J(nosk~' 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) Commercial Credit Corporation 810 Camp Hill Mall Camp Hill, PA 17011 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 salel Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of North Middleton Township Carlisle Suburban Authority (Water & Sewage) Commonwealth of PA -DPW 5 Hill Drive Carlisle, PA l7013 240 Clearwater Drive CarliSle, PA 17013 P.O. Box 8016 HarriSburg, PA l7105 PA Inher 1 tarlC8 Tax I>ept. Bureau of Compliance Dept. 1280946 Harrisburg, PA l7128-0946 Attnl Susan Dolack W' I verity thCllt the statemtllnts made in th!8 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. December 21. 1994 Date , Esquire Plaintiff J1Jr- SWORN TO and subscribed before me this 2lst day of December, 1994. Nn',1p.,1 "",,1 1 .. ....,.. ~'h.'lni'l Pllhllc Pi'!~.l)\.\n..ll." /I,!~(':ih~ry '- Ol,.ll1Y MI CI:ll1illir.:.,on E:'!:"'-2':'.:2~.~:.~':~. _ I ',",.,r, f\:I)I1:~:;ij;;i\it..;;.....lJQ(' ""I, ,";1>,',.", d 'I;R . ~ .::.. r I e) <-:> '" , ., !I ~'I' , I' "" , ... ,--., , I ,;\ .wICR 01' "'UR'S SALII OF UAL ..ftn PUUVU'l' '10 .....YLnIIIA RULlI or CIV%L JPaX:m)UU 3111.1 '101 VI.c.n P. HITeBILL 5.0 KILL.. BLVD. HlC~IC82UaG, PA 17055 AKNBTT. C. HITCHILL 1131 WALNUT BOTTOH aOAD Hl1IVILL.. PA 17241 DIU ALL LIlli HOLDlas TAXI .OTIC. that by virtue of the above Writ of Execution is.u~d 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 JUDe 7, 1"5. at 10100 A.... the following described real estate, of which vincent P. Mitchell and Annette C. Mitchell are owners or reputed owners: 'I'Wp. of N. Middleton, Cumberland Cty., PA. !lET a dwg. k/a 1910 Fry Ave., Carlisle, PA 17013. Parcel *16-1094-249. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Fleet Mortgage Corp., et 41. vs. Vincent P. Mitchell and Annette C. Mitchell at No. 94-6079 Civil Term in the amount of $87,524.81. 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 Schedul.e of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because thore is a juc',gment against you. It may cause your property to be held or taken to pay the judgment. 'iou may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. It you wish to exerciBe your right. you must act promptly. , YOg SHOgLD TAl. THIS HOTIC. AND TH. WRIT OF IXICUTIOH TO YOua LAwy.a AT OHC.. II' YOU DO HOT KAVa A LAwy.a oa CAIQIOT UFORD 0111, GO TO OR TILIPHO.. THI OFrIC. '.T roaTH BILOW TO rIHD OUT WHIRl YOU CAlI OIT LIOAL ADVICI. CUKBIRLAND LAWYla alrlRRAL 81aVICI COURT ADHIHI8TRAToa 3RD I'LOOa CUHBlaLAIID COUNTY couaTHOUSI CARLISLI, PA 17013 TILIPHOIfII, (717) 697-0317 'iou may have legal rights to prevent the Sheriff's Sale and thQ loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be abl~ to help you. You may have the right t'l prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a p6tition 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 '/alid 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. 'iou may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. .. You may also have the right to have the Sheriff's Sale set aside if the property is sold tor a grossly inadequate price or if there are defects in the Sheriff's Sale. To exercise this right, you should tile a petition with the Court after the sale and before the sheriff hu delivered his Deed to the property. The Shel.itf will deliver the Deed it no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Dilstribution is filed in the Office of the Sheriff. L quire At ey for Plaintiff 1031 Fifth Avenue pittsburgh, PA 15219 (412) 281-1725 **TBI DB.T COLLBCTOa I8 ATTINPTINQ TO COLLICT A DB.T AND AMY INrOINATIO. OBTAIKBD WILL 81 V81D roa THAT PVaP081.*. ./ PROPER~Y DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of North Middleton, County of Cumberland and Commonwealth of pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Western side of Fry Avenue, which point is the Northeastern corner of Lot No. 55, as shown on Plar. No. 4 of Schlusser Village, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland county in Plan Book 7, Page 39; thence in a westerly direction along the Northern line of Lots Nos. 55 and 54 as shown on said Plan of Schlusser Village 110 feet to a point, the Northwestern corner of said Lot No. 54; thence in a Northerly direction parallel with Fry Avenue, as shown on said Plan No. 4 of Schlusser village 110 feet to a point; thence in an Easterly direction along land now or formerly of Mac T. Stambaugh et ux, 110 feet, more or less, to a point in the Western line of said Fry Avenue; thence in a southerly direction along the Western line of said Fry Avenue 110 feet to a point, the place of BEGINNING. HAVING erected thereon a dwelling known as 1910 Fry Loop Avenue, Carlisle, PA 17013. PARCEL NO.: 16-1094-249. BEING the same property which Wayne P. Maggs and Ruth A. Maggs, husband and wife, by their Deed dated September 26, 1989 and recorded in the Recorder's Office of Cumberland County, Pennsylvania on October 4, 1989 in Deed Book Volume F34, Page 13, granted and conveyed unto Vincent P. Mitchell and Annette C. Mitchell, his wife. , , " PROPERTY DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of North Middleton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Western side of Fry Avenue, which point is the Northeastern corner of Lot No. 55, as shown on Plan No. 4 of Schlusser Village, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 7, Page 39; thence in a westerly direction along the Northern line of Lots NOE. 55 and 54 as shown on said Plan of Schlusser Village 110 feet to a point, the Northwestern corner of said Lot No. 54; thence in a Northerly direction parallel with Fry Avenue, as shown on said Plan No. 4 of SchluBser Village 110 feet to a point; thence in an Easterly direction along land now or formerly of Mac T. stambaugh et ux, 110 feet, more or less, to a point in the Western line of said Fry Avenue; thence in a southerly direction along the Western line of said Fry Avenue 110 feet to a point, the place of BEGINNING. HAVING erected thereon a dwelling known as 1910 Fry Loop Avenue, Carlisle, PA 17013. PARCEL NO.: 16-1094-249. BEING the same property which Wayne P. Maggs and Ruth A. Maggs, husband and wife, by their Deed dated saptember 26, 1989 and recorded in the Recorder's Office of Cumberland County, Pennsylvania on October 4, 1989 in Deed Book Volume F34, Page 13, granted and conveyed unto Vincent P. Mitchell and Annette C. Mitchell, his wife. 'W'J - ~ ';"-,.. ,-. . ~ ' ..., .. <::> C> C'.I ',j 1{ " , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FLEET MORTGAGE CORP.. Assignee of COMMONWEALTH MORTGAGE COMPANY OF AMERICA, L.P,. CIVIL DIVISION NO, : M.6079 Civil Term Plaintiff, AFFIDAVIT OF SERVICE vs. Code 140 MORTGAGE FORECLOSURE VINCENT p, MITCHELL and ANNETIE C, MITCHELL. Filed on behalf of Plaintiff Defendants, Counsel of record for this party: Louis p, Vil,i. Esquire PA I.D. #3810 Supreme Court #01072 Louis p, Vitti & Assoc,. P.C. 916 Fifth Avenue Pittsburgh, PA IS219 (412) 281.172S IN THE COTJRT OF COMMON PLEAS or CI1HBBRLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FLEET MORTGAGE CORP., Assignee of COMMONWEALTH MORTGAGE COMPANY OF AMERICA, L.P., Plaintiff, vs. No.: 94.6079 Civil Term VINCENT P. M!TCHELL and ANNETTE C. MITCHELL, Defendants. AFFIDAVIT OF S.aVIC. I, Rebecca L. Fischer , do hereby certify that a Notice of sale was mailed and served upon the Defendant(sl, by certified mail, on December 24, 1994 and on all Lien Holders, by Certificate of Mailing for service in the above-captioned case on D~cember 22, 1994, advising them of the Sheriff's sale of the property at 1910 Fry Loop Avenue, Carlisle, PA 17013, on June 7, 1995. LOUIS P. VITTI & ASSOCIATES, P.C. /") ", - B.J..:!(lx/tltLliv:.- ~-i_ V/J('/t( .J / SWORN to and subscribed before me this 16th day of May, 1995. f ~SIoII 1m M, CIarIMo.I'INaIv "'1*1 . PilIIIlWl, -)>/If1v County Mt~'.preo""u,l,,19Oll "'...~,.- (,'\ fl Notary . \ \ I '/ i 1- \, , (.\ I r~' -~\ I i ~ .{ 1, }. ..... Public ' " .- . . . . :;. ....." . .II8~1C1 CIERTIFICA TI OF M~ MAy I. UIID POll DOMIITIC AND INT.ltNA llONAl MAll. DC)III Nor '"OVID' '0" INIUIltANCI_ ~OITMAITI" ., .~ ( , .-' , \', ""nll '" h.,.. I" 'tempI Or mller POtt.ge tnd POlt m,rle. '"qUi,. of PO.lm'''I' fOr CIJ"."t ~ rll. '); .~. ,..,'1. I ... l' "_',1 "'(IIVld "om louis r, ~1l1 ana Assocrat p 103 J f'lflll Avenue es,.c, Pill ,/" "P,'n:~---rs.~ J 9 /'1'1 "'" ~/~... --' ' On, pl.el 0' ordln.,., mill ..,dr....d 10: , " COmmercial Credit Corp. 810 CarnpHill Mall Camp f1ill~ 17011 PS ~.'m 3817, Mar. 1989 GPO I 19~J 0 - 151-0~1 Mitchell :<In.. S,.vlel <:ERT'F'C~ MAY I. USlo '0" OOMISTlC ANO tNTI"NATIONAL MArL DOllS NOT 'IItOVIDI 'OR INSU"ANCI-POSTMASTr" ' "IIIUIVld'rom' ""he t.. '-rlln It'm,,, or mlt., ~.t.g.. .,d IXllt mtrle. '"qui,. 0' "a.lm'''lr for Cur,.", i ,... [OlliS ~. Vitti and ASSOciates p 1031 Fifth AVAn"" , .C, Pittsburgh, PA 15219 On. Ql.c. 0' anJln.,v m.1t .ddrelll.d 10: Carlisle Suburban Authority !Water & SewageJ 240 rlp~r~atar nr CarlisleL_PA 17013 PS Form 3817, Mar, 1989 GPO f 1993 0 . 151~OSl Mitchell S, I'OST.f.l SI"vlel MAV" US'D 1'0" DOMiSTIC AND INTI"NA TtONAl MAIL, DOllS NOT ,..OVIDI'OR ...!NSU"ANCI-POSTMASTU Affhl f.. h.r.ln .tamp. or m.t., go".U. end POI~ lTf.rlt. I,.... of Poarm'lt.r '()~ ""'tn, ~ f... ""cal"'d I'rom, louiLa....v+m IMd ASSOC/.1leS " C 1031 fifth Avenue ' .... . P-IU"b,,, ,.I" '-P1t 1~2I9' C)n, pille. 1.1' lJrdln.ry mill .ddr"ud fa: Tax Collector of N. Mi~d~_~~~ . 5 lIill Or. Carlis~A 170)3 -.-.-. PI F.rm 38l7, Mar, 19'9 Mitchell GPO 199J 0 . l~l~OSl . Fleet Mortgage Corp. Assignee of Commonwealth Mortgage Co. of America vs Annette C. Mitchell, Vincent P. Mitchell In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-6079 Civil Term Robert Fink, Deputy Sheriff, who being duly sworn according to law, says on April 5, 199~ at 11.05 o'clock A.M., E.D.S.T., he posted the property of Annette C, Mitchell and Vincent P. Mitchell at 1910 Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania with a copy of Real Estate Wr.it, Notice Poster and Description according to law. Robert Fink, Deputy Sheriff who being duly sworn according to law, says on January 20, 1995 atlO.10 A.M., E.S.T. he served true copies of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants, to wit. Annette C., Mitchell by making known unto Robert LLoyd Friend of Annette C. Mitchell at 1831 ~alnut Bottom Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true an attested copies of the same. Robert Fink, Deputy Sheriff, who being duly sworn according to law, says on January 24, 1995 at 8.30 o'clock P.M., E.S.T., he served true copies of Real Estate Writ, NOtice and Description in the above entitle action upon one of the within named defendants, to wit. Vincent P. Mithcell by making known unto Vincent P. Mitchell 516 S. West Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and attested copies of the same. Robert Fink, Deputy Sheriff, who being duly sworn according to law says on April 7, 1995 at 3.30 o'clock P.M., E.D.S.T., he served true copy of Real Estate Poster in the above entitled action upon one of the within named defendants, to wit. Annette C. Mitchell by ~aking known unto Annette C. Mitchell at 831 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania, its contents and at the ame time handing to her personally the said true and attested copy of the same. Robert Fink, Deputy Sheriff, who being duly sworn according to law, says on April 12, 1995 at 6.25 o'clock P.M., E.D.S.T., he served true copy of Real Estate Poster in the above entitled action upon one of the within named defendants, to wit. Vincent P. Mitchell at 516 S. West Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law says that he served the above Real Estate Writ, Notice Poster and Description in the following manner. The Sheriff mailed one of the within named defendants, to wit: Annette C. Mitchell a notice of the pendency of the action by regular mail to her last known address at 1831 Walnut Bottom Road, Newville, Pennsylvania 17241. This letter was mailed under the date of April 13, 1995 and was never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says that he served the above Real Estate Writ, Notice Poster and Description in the following manner. The Sheriff mailed one of th~ within named defendants, to wit. Vincent P. Mitchell a notice of the pendency of the action by regular mail to his last known address at 516 S. West Street, Carlisle, Pennsylvania 17013. This letter was mailed under the date of April 13, 1995 and was never returned to the Sheriff's Office. R. Thomas Kline. Sheriff, who being duly sworn according to law says tht after due and legal notice had been given according to law, exposed the wtihin described premises at public venue or outcry at the Court House. Carlisle. Cumberland County, Pennsylvania on June 7. 1995 at 10.00 o'clock A.M.. F..D.S.~., and sold the same for the sum of $1.00 to Attorney Louis P. Vitti for Fleet Mortgage Corp. Its successors and assigns. It being highest bid and the best price received for the same Fleet Mortgage Corp. at 11200 W. Parkland Miluaukee Wi. 53224 being the buyer in this Execution paid Sheriff R. Thomas Kline the sum of $2.562.56 it being poundage. stamps etc. Sheriff's Costs listed below. See attached distribution sheet for additional costs. Sheroff's Costs. Docketing Poundage Posting Bills Advertising ACknowledging Deed Auctioneer :'aw Library County Mileage Cert Mail Levy Surchat"ge 22.00 1.750.50 15.00 15.00 30.00 10.00 .50 1.00 21.84 3.90 15.00 6.00 1.890:74Pd. by Atty. 6-7-95 Sworn and subscribed to before me this .<'.3....,.4.. day Of~. 1995 -":\.-1..'1' ~- C. l\"-tt._, j "'\;f-r~ / ---r I Prothonotary So answers I .~ ,.,~r ......' 'I' .."'" '." t ' R. Thomas Kline, Sheriff by 0& . (.~ Ql d.,,>>,-~ eputy Sheriff 'l"". ," ()!.. <,"l"~ · v 1" . . , .. - IN THE COUH'l' OF COMMON PLEAS or.' CtlMBERIAND COUN'r'i, PENNSYLVANIA CIVIL DIVISION FLEET MOR'rGAGE COHP., Assignee of COMMONWEAL'l'H MORTGAGE COMPANY OF AMERICA, L.P., Plaintiff, vs. 94~6079 civil Term VINCENT P. MITCHELL and ANNETTE C. MITCHELL, Defendants. llUJ.P'A VI'r.. .!'YJliH!].NT.. T-CL.R l!_t.~_tlll.., 1 Fleet Mortgage corp., et al., Plaintilf in the above action, sets forth as of the date the Praecipe for the w~it of Execution was filed the following information concerning tho ~eal property located at 1910 Fry Loop Avenue, carliSle, PA 17013. 1. Name and 'a,ddress of Ownor(s) or Reputed Owner(s) : Name: Address (Plea'H! indicR to if this cannot be reasonably aSGcrtained) Vincent P. Mitchell 590 Miller Blvd. MechanicsulIrq, PA 17055 Annette C. Mitchell 1331 Walnut Bottom Road New'vUle, PA 17241 2. Name and address of Defendant(a) in the jUdgment: Name: Address (Please indicate if this cannot be reasonably Rscertained> Same as #1 listed above. 3. Name and l<lst known address of fJvery judgment cred itor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot bfJ reanonably ascertained) Pennsylvania Power and Light Company LB01 Elro"kwood Street !lar'ri::;ourq, PA 17L0.1 1.'l\QERB.'l':LP1;~B.ll~.r.LQtl ALL TIlA.T CERTAIN lot of '1nJUnd situate in the Township of North Middleton, county of Cumberland and Commonwealth of pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on t.he Westerll sIde of Fry Avenue, which point is the Northeastern corner of Lot No. ~S, no shown on Plan No. 4 of Schlusser village, vlhich plan is recorded III the Office of the Recorder of Deeds in and for Cumberland county in Plan nook 7, Pago 39; thence in a westerly direct ion a 10llg the NOl'th('rn lltw of Lot s Nos. 55 and 54 as shown c..n sait! Plan of SchLussl'r Villaqe 110 f"ut to iI !Joint, the Northwestern corner 0 f :.;;1 id Lot tlo. 54; thence ln a Northerly direction paralle 1 with Fry Avenue, as sho'm on sa it! Plan No. 4 of Schlusser Village 110 feet to ~l polnt; thence in an East.orly dinJction along land now or formerly uf M.1C '1'. StilmbaU<jh et UX, 110 teet, more or less, to a point in the Western line ot said Fry Avenue; thence in a southerly direction along the Western line of said Fry Avenue 110 feet to a point, the place of BEGINNING. HAVING EH'ected thereon a dwellinCj known as 1910 Fry Loop Avenue, Carlisle, PA 17013. PARCEL NO.: 16-1094-249. ~.lEING the same property ,,{hich Wayne P. Mi.1ggs and Ruth A. Maggs, husband and wife, by their Deed uated Septemb~r 26, 1989 and recorded in the Recorder's Office of Cumberland County, Pennsylvania on October 4, 1989 in Oeed Book Volume F34, Page 13, granted and conveyed unto Vincent P. Mitchell and Annette C. Mitchell, his wife. IIO'I'IC1I O. Boun' S BALa OF au. .8~AT. .0000ua11'r '1'0 .....Sn.VUIA auu OF ClIVIL PROClWDu.. 312'.1 TOI VIHClINT.. MITCBILL 5'0 HILLla BLVD. HlClBAHICSBURQ, PA 17055 AHNITTI C. MITCB.LL 1831 WALNUT BOTTOM aOAD NIlWVILU, PA 17241 AND I ALL LIZH HOLD.RS TAX! HOTICI 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 connty, directed, there will be exposed to Public Sale in Cumberland County Courthouse on JUDe 7, 1"5, at 10aOO A.M., the following described real estate, of which Vincent P. Mitchell and Annotte C. Mitchell are owners or reputed owners: Twp. of N. Middleton, Cumberland Cty., PA. HET a dwg. k/a 1910 Fry Ave., Carlisle, PA 17013. Parcel #16-1094-249. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Fleet Mortgage corp., et al. vs. vincent P. Mitchell and Annette C. Mitchell at No. 94-6079 civil Term in the amount of $87,524.81. 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 toe 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 Off.ice of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from beipg ~aken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKI THIS NOTICI AND THB WRIT OF BXECUTION TO you a ~WYIR AT OHCII. IF YOU DO NOT RAVII A LAWYEa oa CANNOT AlVORD ONI, GO TO OR TILIPHOMII THI orrICI 811'1' roaTH BILOW TO rIND OUT WHIRl YOU CAN GilT LIOAL ADVICI. CUMBERLAND LAWYla RErBRRAL SllaVICII COURT ADHINISTRAToa 3RD rLOOR CUMBIlRLAND COUNTY COURTHOUSI CARLI8LII, PA 17013 TIlLIlPHOMlll (717)697-0317 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed p~nding 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 Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff's Sale set aside if the prQperty is sold for a grossly inadequate price or it there are defects in the Sheriff's Sale. To exercise this right, you should file a petition with the Court after the sale and before the Shet'iff 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. quire At ey for Plaintiff 1031 Fifth Avenue Pittsburgh, PA l5219 (412) 281-1725 ..THI DIBT COLLICTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY IHrORHATION OBTAINlD WILL BI U81D FOa THAT PUaP08E... PROPERTY DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of North Middl9ton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Western side of Fry Avenue, which point is the Northeastern corner of Lot No. 55, as shown on Plan No.4 of Schlusser Village, which plan is recorded in the Offl.ce of the Recorder. of Deeds in and for Cumberland County in Plan Book 7, Page 39; thence in a westerly direction along the Northern line of Lots Nos. 55 and 54 as shown on said Plan of Schlusser Village 110 feet. to a point, the Northwestern corner of said Lot No. 54; thence in a Northerly direction parallel with Fry Avenue, as shown on said Plan No. 4 of Schlusser Village 110 feet to a point; thence in an Easterly direction along land now or formerly of Mac T. stambaugh et ux, 110 feet, more or less, to a point in the Western line of said Fry Avenue; thence in a southerly direction along the Western line of said Fry Avenue 110 feet to a point, the place of BEGINNING. HAVING erected thereon a dwelling known as 1910 Fry Loop Avenue, Carlisle, PA 17013. PARCEL NO.: 16-1094-249. BEING the same property which Wayne P. Maggs and Ruth A. Maggs, husband and wife, by their Deed dated Septemb~r 26, 1989 and recorded in the Recorder's Office of Cumberland County, Pennsylvania on October 4, 1989 in Deed Book Volume F34, Page 13, granted and conveyed unto Vincent P. Mitchell and Annette C. Mitchell, his wife. . . Ql i/.:l,fIj PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LA W JOURNAL (Under Act No. 587. approved May 16. 1929). P. L.l784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : 55. ROller M. Morllenthal, EsquIre. Editor of the Cumberland Law Journal. of the County and SllIle 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 penodical 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 date8. viz: APRIL 28. MAY 5. 12. 1995 Affiant further depose,~ that he is a\lthorized to verify this statement by the Cumberland Law Journal. a legal periodical of general circulation. and that he is not interested is the subject matler of the aforesaid notice or advertisement. and that all allegations in the foregoing statements as to time. place and character of publication are true, _..t-~ ' IL___ R;fger ,Morgenthal. Editor ..... """1'II1I.U& NO. , writ No, 94.6079 Clvtl Judg. No, 94.6079 Clv" Flee.. Mortgage Corp. AMignee of Commomwalth Mortgag~ Co. of America L. P. ... Annette C. Mitchell. Vinetnt P. Mitchell Atty.: l.4ulo P. Vitti PROPERlY OESeR/PI10N ALL 1'tIAT CERTAIN lot of ground lltuatelr1 the TownshIp of North MId- dleton, County of Cumberland and Commonwealth of PennsylvanIa. boun~ and described as rolJo~. 00 wit: t:JEGrNNINO It a point on the _tern side 01 fry A...nue, which poUlt Ia the Northeastern corner of Lot No. 55, ... ~ on PI8n No, 4 01 !lehlu_r VIII...., wtuch pion iii '_In .... Oftke 01 the Roc_ 01 Deed. 'n IUld for Cumberland County In Plan Book 7, Page 39: thence In a W1!8tcrly direction along Ihe Northotrn hoe of lots Noo. ,5 and 54 .. shown on IllJd Plan of Schluo- .., vma.e I 10 reel to a poln!. the Northwestern comer SWORN TO AND SUBSCRIBED before me this 12 daYllf MAY .1995 ftJ-- W. AI. IIIRl1NI_hllA ..,_ CII1IIt, c.-..CMv. Po. ~I ..... : nee In a 0 rr y ( neUon pMolIl"1 'Ntth Fay ^wnu~, WI .hown un Mid Plun No, of of s,..hluflMr VIl- Illgr 110 [rt"t to Ii point; thrlll'r' In un Easterly tllrc,,'Uon wong IIUlII JlOW ur formrrly of Mile T. 8lUI1l~)Uu)th r.l ux. 110 feet. mort." or !rstt, tn u pulllt In the w.al<rn 1Ine olaald Fry Avenue; thence In . aoutherly dlr<cl1on olong the w.al<rn Uno 01 said Fry Avenue 110 leetlO a peAnt. the pl.ce 01 BE. GlNNING, HAVING erected therron . dw<ll. \n&knownaa 1910 Fry Loop Avenue, CllrIlale, VA 17013. PARCEL NO.: 16.1094.249, BEING the same property wlllch Wa)ne p, Mogga and Ruth A. Maggs. huaband and wile, by their om dated s.pl<mber 26, 1989 and re. corded In the Record...'. Office 01 Cumbertand County, Pennsylvania on October 4. 1989 In Deed Book Volume F34. Page 13, granted and conveyed unlD Vincent P. Mitchell and Annell< C, Mllchell, hJa wife. ~ ,.. -_........""""'_""'..Il"ll'.i.t'-....-....~:...~-'I...."~1 , , I. I , I' . .. . ' . '. Pro.f of Pu.llcatlon of Notle.ln Th. Patriot and Th. Evenliil N.ws an~!h~d ~~n.!~lp!~~~!~~~~ Cl)m,"MI"'fol/~ of P"'Mylll""io. } CO'III/II of DOl/pili" RR: ...,................,...........,~~.S~~,~t..r::~,~.~~.~..,...................beinlf duly Iworn accord!nr to la., depole. and uYI: Asst. Controller That hell the ............................of THE PATRIOT .l'\EWS CO., a corporation orl'anlzed and elll.tlnl' under the law. of the Commonwealth of Pennlylvania, with Its principal office and place of bu.lne.. at 812 to 818 Market Street, In the City of Harrl.burr, County of Dauphin. SlIte of Pennsylvania, owner and publl.her of THE PATRIOT and THE EVENING NEWS and the SUNDAY PATRIOT.NEWS new.papers of weneral circulation, printed and published at 812 10 818 Market Street, In the City. County and State afon.aid; that THE PATRIOT and THE EVENING NEWS and the SUNDAY PATRIOT.NEWS wert established March 4th, 18&4, and February 15th, 1917 and September 18th, 1049 n.pectlvely. and all have been continuously published ever since; ~t the prInted notice or publication which i. securely attached hereto I. exactly u printed and Metro WEtst 2nd, 9th, and 16th publl.hed In their rerulat" editions and luues which appeared on the ..,...........,......,............,..,..................., days of May 1995. ......................................................................................................................................................."..............................., That neither he nor said Company is Interested In the subject matter of uld printed notice or adver. tI.lnl'. and that aU of the allel'atlon. of this statement as to the time, place Ind character of publication .... true; and That h. hu penonll knowledre of the facti afore8ll!d and Is duly authorized and empowered to verify thla .tatement on behalf of The Patriot.News Co, afo~esaid by virtue and pursu.nt to a resolu. tlon unanlmoUlly paued and adopted severally by the stoe h ders and board of directors of the laid Company and .ubaequently duly re.:orded In the office for t R ordlnl1'f Deede In and for Aid County of D=I~I~;::e~n;:~I:::I::M.., VOh',~,~..~,~:,~,~~~.~,~~:~,. ........, (I ~ ----.." u_.......~. Sworn to a d subleri d -_. . June 1IIit;I:t:::'" ,': ............., .. Neran. ....._____ Terryl:.'Ru .. .. c ~.~ // __ c.. .. Ha''''burg, Oa"DI"" au _ l,I, M CQm ,..;on E'.. Jun" 6. 1$~8 .. My -t.-. I, _ ..;:::.~ Statement of Ad"ertlslng Costs : M~~ cu~~.~:~,il,:'l~,~~,~,:r,:~~,nH,j~...9.g!,S,~......, .-'2.r~~ ...........T~..THE..PATRi'OT~NEWS..co::..D;:....". I ~c::t7 t.::: For publllhinW the notice or publication attached hereto on the , e ~, "'~ 312.00 ....... ... .. I .......;;:;:l above stated dat.. . .. .................1........... _ Il........_...._. .00 ~ ~ "" "' _ "'. Probatlnr ume ...........3.IT:'O'O..' ...'Mlillio': .,.,:z.::-~. Total . . .. ............................. _ ~c~~~$ ... ..\t~e= illsh.r's Rec.lpt for Advertising Costs · . ~ ws co" publisher of TlIF. PATRIOT .nd THE EVENING NF.WS and the ""'"",," ~WS. newspapen of weneral circulation, hereby acknowledre receIpt of the .~" blicatlon coat. and ccrllfte. that the ..me have been duly paid. , TilE PATRIOT.N):WS CO, 1,' ~ 8y ..............."......................"".............................".