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HomeMy WebLinkAbout07-0691PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 141616 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. WILLIAM E. WITTLE, JR JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS 328 FOURTH STREET NEW CUMBERLAND, PA 17070 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07- 4o9/ l.. IUt C??Q,,1? - 1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 141616 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 attorney and filing in writing with the court your defenses or 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 DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 141616 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 141616 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 141616 I . Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM E. WITTLE, JR JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS 328 FOURTH STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/31/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR PUBLIC SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1929, Page: 1337. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 141616 6. The following amounts are due on the mortgage: Principal Balance $119,483.58 Interest $7,124.44 05/01/2006 through 02/01/2007 (Per Diem $25.72) Attorney's Fees $1,250.00 Cumulative Late Charges $171.92 10/31/2005 to 02/01/2007 Cost of Suit and Title Search $550.00 Subtotal $128,579.94 Escrow Credit $0.00 Deficit $806.39 Subtotal $806.39 TOTAL $129,386.33 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 141616 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $129,386.33, together with interest from 02/01/2007 at the rate of $25.72 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP -1? By: s/Francis S. Ha nan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 141616 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point or post on the south side of Fourth Street, 100 feet East of Reno Avenue; thence by the line of said Fourth Street, 25 feet in an eastwardly direction to the line of Lot Nos. 23; thence by the line of said Lot No. 23, southwardly 140 feet to an alley; thence by the line of said alley, westwardly 25 feet to the line of Lot No. 21; thence by the line of Lot No. 21, Northwardly 140 feet to the place of BEGINNING. BEING Lot No. 22, Block K in the General Plan of George W. Buttorff s Addition to New Cumberland as recorded in the Recorder's Office of Cumberland County. BEING improved with one-half of a double two and one-half story frame dwelling house known as 328 Fourth Street, New Cumberland, Pennsylvania. BEING the same premises which Bruce Alan Homes, Inc. by deed dated October 31, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 260, Page 2198, granted and conveyed unto William R. Hamilton and Linda L. Hamilton, husband and wife, Grantors herein. PROPERTY BEING: 328 FOURTH STREET File #: 141616 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ?I)AX-14, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: k_ ?. r? !'? ?? ? -rt t ? ? .? ?` `r `-?--. l ?vJ ?t! t ? 3 --' y .. .. rr 4? } ' _? _? .3 •' -? r/ ?7 '? PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. WILLIAM E. WITTLE, JR. JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS Defendant(s). CIVIL DIVISION NO. 07-691 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against WILLIAM E. WITTLE, JR. and JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $129,386.33 Interest from 02/02/07 to 03/21/07 $1,234.56 TOTAL $130,620.89 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule„ X37.1, copy attached. DANIEL G. SCHMIEG, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ib&a -a9, aa67 PROP OTHY 141616 46 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS,INC. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY WILLIAM E. WITTLE, JR JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS : NO. 07-691 CIVIL TERM Defendants TO: WILLIAM E. WITTLE, JR 328 FOURTH STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: MARCH 6, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU 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 AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE INDEFAULT 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOC ION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ?? Py /FRCIS S. HALLINAN, ESQUIRE Atto vs for Plaintiff .. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 5613-7000 COUNTRYWIDE HOME LOANS,INC. : COURT OF COMMON PLEAS Plaintiff Vs. CIVIL DIVISION CUMBERLAND COUNTY WILLIAM E. WITTLE, JR JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS : NO. 07-691 CIVIL TERM Defendants TO: JENNIFER L. WITTLE A IA JENNIFER L. RHOADS 328 FOURTH STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: MARCH 6, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU 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 AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 S. HALLINAN, ESQUIRE for Plaintiff' PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 X215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE Plaintiff, V. WILLIAM E. WITTLE, JR. JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-691 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant WILLIAM E. WITTLE, JR. is over 18 years of age and resides at, 328 FOURTH STREET, NEW CUMBERLAND, PA 17070. (c) that defendant JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS is over 18 years of age, and resides at, 328 FOURTH STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCFWIE , ESQUI Attorney for Plaintiff (z 70 W N ? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. WILLIAM E. WITTLE, JR. JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS Defendant(s). CIVIL DIVISION NO. 07-691 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 7. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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." .- CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. WILLIAM E. WITTLE, JR. JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS No. 07-691 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'1 cost Interest from 03/21/07 to SEPTEMBER 5, 2007 (per diem -$21.47) $130,620.89 $ 1,980.00 $3,606.96 and Costs TOTAL $136,207.8 17"ANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Stati 1617 John F. Kennedy Boulevar uite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 141616 H O? a? zz Xa O E-? v 00 O U? ?w F? t-- S...f Ll.. C\j '- `lLLI u t: c! a z COO 0 W O w A H 0 A O a az ?d w? ?w a I a w O H U ^ z? wwl ?Tm V Pro wo V n O ? Q O. -Nj 'V (? 1v 0 y 00 0 0 dd as AzA ?d W W A??M x X UU 33 zz ww xx co 00 00 M M W y V c a 0 U ? V M ? J LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point or post on the south side of Fourth Street, 100 feet East of Reno Avenue; thence by the line of said Fourth Street, 25 feet in an eastwardly direction to the line of Lot Nos. 23; thence by the line of said Lot No. 23, southwardly 140 feet to an alley; thence by the line of said alley, westwardly 25 feet to the line of Lot No. 21; thence by the line of Lot No. 21, Northwardly 140 feet to the place of BEGINNING. BEING Lot No. 22, Block K in the General Plan of George W. Buttorffs Addition to New Cumberland as recorded in the Recorder's Office of Cumberland County. BEING improved with one-half of a double two and one-half story frame dwelling house known as 328 Fourth Street, New Cumberland, Pennsylvania. BEING the same premises which Bruce Alan Homes, Inc. by deed dated October 31, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 260, Page 2198, granted and conveyed unto William R. Hamilton and Linda L. Hamilton, husband and wife, Grantors herein. PROPERTY BEING: 328 FOURTH STREET File #: 141616 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. WILLIAM E. WITTLE, JR. JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-691 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? O ? ?a E ?: ___? ? ?? ? ?''? ' E ? ? f,y `.. ? , 7 4 ??, ?? ? - # 4.? ?" . `SJ .-R ...- %. COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. , WILLIAM E. WITTLE, JR. JENNIFER L. WITTLE AIK/A JENNIFER L. RHOADS , Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-691 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,328 FOURTH STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name WILLIAM E. WITTLE, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 328 FOURTH STREET NEW CUMBERLAND, PA 17070 JENNIFER L. WITTLE A/K/A JENNIFER 328 FOURTH STREET L. RHOADS NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 1-% 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 328 FOURTH STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsw falsification to authorities. March 21, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff v ? Q ? . ? -cJ L."? + ? s ?? `:. N .r3 s" - ?' ,_ ? ? . ?, {? >?- ?.._ t'" s ? d.! COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. WILLIAM E. WITTLE, JR. JENNIFER L. WITTLE AIK/A JENNIFER L. RIIOADS Defendant(s). CUMBERLAND COUNTY No. 07-691 CIVIL TERM March 21, 2007 TO: WILLIAM E. WITTLE, JR. 328 FOURTH STREET NEW CUMBERLAND, PA 17070 JENNIFER L. WITTLE A/KIA JENNIFER L. RHOADS 328 FOURTH STREET NEW CUMBERLAND, PA 17070 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTFMPT'TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 328 FOURTH STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland ounty Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 5130,620.89 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P Rule 31219.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point or post on the south side of Fourth Street, 100 feet East of Reno Avenue; thence by the line of said Fourth Street, 25 feet in an eastwardly direction to the line of Lot Nos. 23; thence by the line of said Lot No. 23, southwardly 140 feet to an alley; thence by the line of said alley, westwardly 25 feet to the line of Lot No. 21; thence by the line of Lot No. 2I, Northwardly 140 feet to the place of BEGINNING. BEING Lot No. 22, Block K in the General Plan of George W. Buttorffs Addition to New Cumberland as recorded in the Recorder's Office of Cumberland County. BEING improved with one-half of a double two and one-half story frame dwelling house known as 328 Fourth Street, New Cumberland, Pennsylvania. BEING the same premises which Bruce Alan Homes, Inc. by deed dated October 31, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 260, Page 2198, granted and conveyed unto William R. Hamilton and Linda L. Hamilton, husband and wife, Grantors herein. PROPERTY BEING: 328 FOURTH STREET File #: 141616 - 13 3t? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-691 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From WILLIAM E. WITTLE, JR., AND JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS (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 $130,620.89 L.L. $.50 Interest FROM 3/21/07 TO 9/5/07 (PER DIEM - $21.47) - $3,606.96 AND COSTS Atty's Comm % Atty Paid $169.92 Plaintiff Paid Due Prothy $2.00 Other Costs ADD'L COST - $1,980.00 Date: MARCH 29, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Curtis R. ng, Prothonota By: Deputy t .. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00691 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WITTLE WILLIAM E JR ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WITTLE WILLIAM E JR the DEFENDANT , at 1655:00 HOURS, on the 12th day of February-, 2007 at 328 FOURTH STREET NEW CUMBERLAND, PA 17070 by handing to WILLIAM E WITTLE JR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 29.92 Affidavit .00 Surcharge 10.00 .00 3/s?1t,7 V 57.92 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/13/2007 PHELAN HALLINAN SCHMIEG By. /6,Z ?? Deput Sheriff A. D. A , CASE NO: 2007-00691 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WITTLE WILLIAM E JR ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WITTLE JENNIFER L AKA JENNIFER L RHOADS the DEFENDANT , at 1655:00 HOURS, on the 12th day of February-, 2007 at 328 FOURTH STREET NEW CUMBERLAND, PA 17070 by handing to WILLIAM E WITTLE JR ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ? 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/13/2007 PHELAN HALLINAN SCHMIEG BY: / , Deputy Sheriff A. D. AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) WILLIAM E. WITTLE, JR. JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS SERVE WILLIAM E. WITTLE, JR. AT 328 FOURTH STREET NEW CUMBERLAND, PA 17070 SERVED CUMBERLAND COUNTY No. 07-691 CIVIL TERM ACCT. #141616 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 5, 2007 Served and made known to W (1 gW f - W I;LLtle If - Defendant, on the _ day of • 1V. ' , 2007 at . /d , o'clock _V.m., at 3XB 6 dU g - 1 kQV L "%hQ AW Commonwealth of Pennsylvania, in the manner described below: L/ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: " ?A Description: Age Height 0 Weight ? Race W Sex Iv` Other I, ' N " MA Lk, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su ed bef- this day of 200'. No -' _By: EAS T 3MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Ncta?r Public NOT SERVED State i New Jersey P EdiS 200-, at o'clock m., Defendant NOT FOUND because: s u,1 - Moved Unknown No Answer Vacant 1" Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of -200- Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ?? 3 ? C"? CC-a r- ' 77 N .C' AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. 1 Two??-) n CUMBERLAND COUNTY No. 07-691 CIVIL TERM DEFENDANT(S) WILLIAM E. WITTLE, JR. JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS SERVE JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS AT 328 FOURTH STREET NEW CUMBERLAND, PA 17070 ACCT. #141616 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 SERVED ' JA Served and made known to 1eGlr) f e1( W a 0Q , Defendant, on the day of Ape-, , , 200 , at I& o'clockp.m., at 39,5 Nitrri4St • t hew(3L(Mb4W(9Kk , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 3 9 Height 5'"7 Weight 130 Race W Sex IF Other I, RO NA LD W LL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and day ,200 By: pLjr'I PEMPT"SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE Notary Public ATTEMPTED. State of New Jersey NOT SERVED PATRi IA E. HARRIS Wnmf ie ices WO 6, j 2003, at T 1 O o'clock P.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant pat uJ ? I ' ? k)1+1'0 ? aM'? I' l 18t Attempt: / / Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 6;Z,72-- 2°d Attempt: Time: 3?5 014t, %, IVeWCu•t &NN,4 ,*br'/AF 30 oZ ..,? -fit ? ?.?? s:.- ?-' .? t' .r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. Plaintiff V. WILLIAM E. WITTLE, JR. JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-691 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: 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: 328 E01IRT14 STRRF.T, NEW CUMBERLAND, PA 17070. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: hily 31, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the ahs .n of it r presentative of the plaintiff at the. Sheriff's Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 141616 I , oaa arrow 0 3000 Z OL08LZ `OZO C04Z ;Z?j W G W ? xN 0 3 o W2 O ? y F ? W ? H D Cl) x' N '? ? O Mt",y ? m cn a Z O tC o? 7, 1.1.. IL 8 -4 M fA , N 09 1 -JA wi Ab U ? 1 ?a 'v N ? ^ G4 ro ? 'a Leo a -ri c? S ? D , ca r o ca PHELAN HALLINAN & SCHMIEG, LLP by Michele M. Bradford Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Horne Loans, Inc. Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County William E. Wittle, Jr. No. 07-691 CIVIL TERM Jennifer L. Wittle, a/k/a Jennifer L. Rhoads Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on February 5, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "Al, 2. Judgment was entered on March 29, 2007 in the amount of $130,620.89. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 5, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $119,483.58 Interest Through 9/05/07 12,448.04 Per Diem $25.37 Late Charges 171.92 Legal fees 1,250.00 Cost of Suit and Title 976.50 Sheriffs Sale Costs 0.00 Property Inspections 62.50 Appraisal/Brokers Price Opinioin 0.00 Mortgage Ins. Premium/Private 1,692.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 1,704.13 TOTAL $1379788.67 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on August 7, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: A141 R- Phelan Hallinan & Sc g, LLP B 4ich sq aBr)udfor , uire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff VS. William E. Wittle, Jr. Jennifer L. Wittle, a/k/a Jennifer L. Rhoads Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 07-691 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 328 Fourth Street, New Cumberland, PA 17070. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburp-h v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: `K'1416A- Attorney for Plaintiff LLP Esquire Exhibit "A" O 07r?= 'r ti^ K! .?-ii N PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 141616 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff WILLIAM E. WITTLE, JR JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS 328 FOURTH STREET NEW CUMBERLAND, PA 17070 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. 07 -?41 ????,? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNEY FILE GOR ? OLEEASE RETURN rye: ?. File A: 141616 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 attorney and. filing in writing with the court your defenses or 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 DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 141616 RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS Fite 4: 141616 TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 141616 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM E. WITTLE, JR JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS 328 FOURTH STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/31/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR PUBLIC SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1929, Page: 1337. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2006 and each month thereafter are due and unpaid; and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Filo #: 141616 6. The following amounts are due on the mortgage: Principal Balance $119,483.58 Interest $7,124.44 05/01/2006 through 02/01/2007 (Per Diem $25.72) Attorney's Fees $1,250.00 Cumulative Late Charges $171.92 10/31/2005 to 02/01/2007 Cost of Suit and Title Search $550.00 Subtotal $128,579.94 Escrow Credit $0.00 Deficit $806.39 Subtotal 806.39 TOTAL $129,386.33 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 141616 9 Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $129,386.33, together with interest from 02/01/2007 at the rate of $25.72 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP 0 By: 721"Frmancis S. H nan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Pile #: 141616 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point or post on the south side of Fourth Street, 100 feet East of Reno Avenue; thence by the line of said Fourth Street, 25 feet in an eastwardly direction to the line of Lot Nos. 23; thence by the line of said Lot No. 23, southwardly 140 feet to an alley; thence by the line of said alley, westwardly 25 feet to the line of Lot No. 21; thence by the line of Lot No. 21, Northwardly 140 feet to the place of BEGINNING. BEING Lot No. 22, Block K in the General Plan of George W. Buttorffs Addition to New Cumberland as recorded in the Recorder's Office of Cumberland County. BEING improved with one-half of a double two and one-half story frame dwelling house known as 328 Fourth Street, New Cumberland, Pennsylvania. BEING the same premises which Bruce Alan Homes, Inc. by deed dated October 31, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 260, Page 2198, granted and conveyed unto William R. Hamilton and Linda L. Hamilton, husband and wife, Grantors herein. PROPERTY BEING: 328 FOURTH STREET File N: 141616 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE. Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, V. ATTORNEY FILE COPY ?. PLEASE RETURN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-691 CIVIL TERM WILLIAM E. WITTLE, JR. JENNIFER L. WITTLE A/K/A JENNIFER L. BROADS ATTORNEY FILE JGOPY TI PLEASE RETt1 F= I sn Defendant(s). 2 r-` "' PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO `ate -AN$WER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against WILLIAM E. WITTLE, JR. and JENNIFER L. WITTLE A/VA JENNIFER L. RHOADS. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $129,386.33 Interest from 02/02/07 to 03/21/07 $1,234.56 TOTAL $130,620.89 1 hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Ru1yJ37.1, copy attached. 0 1 1 ATTORNEY FILE COPY N I E L G-'§ L A 1? 4 1E G, ESQUIRI~ . ,\ PLEASE RETURN Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 141616 ` ATTORNEY FILE CONPY PLEASE RETUR PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire August 7, 2007 William E. Wittle, Jr. Jennifer L. Wittle, a/k/a Jennifer L. Rhoads 328 Fourth Street New Cumberland, PA 17070 Representing Lenders in Pennsylvania and New Jersey RE: Countrywide Home Loans, Inc. vs. William E. Wittle, Jr. and Jennifer L. Wittle, a/k/a Jennifer L. Rhoads Premises Address: 328 Fourth Street, New Cumberland, PA 17070 Cumberland County CCP, No. 07-691 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by August 13, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V truly ours, the S. B d ko&s-quire For Phelan Hallinan & Schmieg, LLP Enclosure 0 W £ 0 l5 L 3000 dIZ NOW 031104 LOOZ LOJfId 0 wo LZb000 09030 $ V4 z o S3AMM AlMid AMMMWM C ®/® O 16 ow "1Sbd 5 +?? O w 00 N M vi 0 4-N+ y 10 Cd d u tom ai g , ti.. C 4+ o -j o 0O' f? H 4 u O? ??¢ 3r X r''-+ .'? 3 ? p" ? 3 U p fil a? Z (u cd b z 3 0 a x . a A °• c 'A EO ?o H ?o E'- s u E `? yLy' cn E L u t - c 'w A o H _? v 0 0 O 6 y o? 5 ? o ? ? E y x E <! LLl ' X E G V ? _ h A C V N y 0 vo?.!2 0 mo m u a ? p E ? 'gggW O4.H •-- p C O ? O` V7 o E ? E U ? rn - ? h ? u v a `o v d 4. dw u u a0 w.. 0 0 0. A z; E-° a z v V? ~ u x aka a ' ? z' `' v qu W a i--l N M d' 'n ?O t- 00 O? I 7 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE: ? H 16-? Phelan Hallinan & Schmieg, LLP iM. Bradford Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. William E. Wittle, Jr. Jennifer L. Wittle, a/k/a Jennifer L. Rhoads Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 07-691 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. William E. Wittle, Jr. Jennifer L. Wittle, a/k/a Jennifer L. Rhoads 328 Fourth Street New Cumberland, PA 17070 LLP DATE: ? Michele M. y? Attorney for a m? ``i?i 4 ? J T?7 ?^ , . ? 4 t i. <'-? AUG 1620V/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Countrywide Home Loans, Inc. Plaintiff VS. William E. Wittle, Jr. Jennifer L. Wittle, a/k/a Jennifer L. Rhoads Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 07-691 CIVIL TERM RULE AND NOW, this day of v 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. w t ? l -i Z O d 7 S ?? c L? e- QJ t S^ (0-3 L Rule Returnable o ire Z main C _Rom of Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com William E. Wittle, Jr. Jennifer L. Wittle, a/k/a Jennifer L. Rhoads 328 Fourth Street New Cumberland, PA 17070 (717)770-2510 141616 ('} r--?r"tfit? 8S :I ld G,t 90V LO Z .t i , .. d :'Hi JCS PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas Plaintiff VS. William E. Wittle, Jr. Jennifer L. Wittle, a/k/a Jennifer L. Rhoads Defendants : Civil Division : Cumberland County : No. 07-691 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of September 6, 2007 was sent to the following individual on the date indicated below. William E. Wittle, Jr. Jennifer L. Wittle, a/k/a Jennifer L. Rhoads 328 Fourth Street New Cumberland, PA 17070 DATE: Ahelan H linan & S eg, LLP By: ele M. radfor , Esquire Attorney for Plaintiff C? p rr; 21 .+ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas- Plaintiff VS. William E. Wittle, Jr. Defendant PRAECIPE TO THE PROTHONOTARY: : Civil Division : Cumberland County : No. 07-691 CIVIL TERM Plaintiff hereby withdraws its Motion to Reassess Damages, filed on August 15, 2007 in the above referenced action. Dad ' 4iche a M. Bradfo d, quire Attorney for Plaintiff r? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas Plaintiff VS. William E. Wittle, Jr. : Civil Division : Cumberland County : No. 07-691 CIVIL TERM Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. William E. Wittle, Jr. Jennifer L. Wittle, a/k/a Jennifer L. Rhoads 328 Fourth Street New Cumberland, PA 17070 9'ihv?? Date Mi hele 4M'Br?dfotd, quire Attorney for Plaintiff _ rtV ? fir;' ? {?.-??].3¢ 'r { COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 29th day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 691, at the suit of Countrywide Home Loans Inc against William E Wittle Jr & Jennifer L aka Jennifer L Rhoads is duly recorded as Instrument Number 200737172. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of Deeds ReCoft of tts* (;UMb*rWW C Xq. Cadft PA My CWMWM the Fiat Moedn d N L2M0 Countrywide Home Loans, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania William E. Wittle, Jr. and Jennifer L. Wittle Writ No. 2007-691 Civil Term a/k/a/ Jennifer L. Rhoads Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2007 at 1640 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: William E. Wittle, Jr., by making known unto William E. Wittle, Jr. personally, at 328 Fourth Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2007 at 1645 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Jennifer L. Wittle, a/k/a Jennifer L.Rhoads, by making known unto Jennifer L. Wittle, a/k/a Jennifer L. Rhoads personally at 325 Ninth Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1300 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William E. Wittle, Jr. and Jennifer L. Wittle a/k/a Jennifer L. Rhoads located at 328 Fourth Street, New Cumberland, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: William E. Wittle, Jr., by regular mail to his last known address of 328 Fourth Street, New Cumberland, PA 17070. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jennifer L. Wittle a/k/a Jennifer L. Rhoads, by regular mail to his last known address of 325 9a' Street, New Cumberland, PA 17070. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $984.22. Sheriffs Costs: Docketing $30.00 Poundage 19.30 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 48.96 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 314.27 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $ 984.22 ;So?An we R. Thomas Kline, Sheriff BY - ,V.? Real Estate 'ergeant 9, ,okay/0-7 u O'o- y? l- ay, 5v r COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. WILLIAM E. WITTLE, JR. JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-691 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC. , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,328 FOURTH STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name WILLIAM E. WITTLE, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 328 FOURTH STREET NEW CUMBERLAND, PA 17070 JENNIFER L. WITTLE A/K/A JENNIFER 328 FOURTH STREET L. RHOADS NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 328 FOURTH STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsw falsification to authorities. v March 21, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE J Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. WILLIAM E. WITTLE, JR. JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS Defendant(s). TO: WILLIAM E. WITTLE, JR. 328 FOURTH STREET NEW CUMBERLAND, PA 17070 March 21, 2007 CUMBERLAND COUNTY No. 07-691 CIVIL TERM JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS 328 FOURTH STREET NEW CUMBERLAND, PA 17070 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUH4 VE PREYIOUSLYRECEIYED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 328 FOURTH STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER. 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment of $130,620.89 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) S 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE • t . LEGAL DESCRIPTION ALL TIIAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follotivs, to wit: BF(UNNING at a point or post on the south side of Fourth Street, 100 feet East of Reno Avenue; . once by the line of said Fourth Street, 25 feet in an eastwardly direction to the line of Lot Nos. 23; thence by the line of said Lot No. 23, southwardly 140 feet to an alley; thence by the line of said alley, westwardly 25 feet to the line of Lot No. 21; thence by the line of Lot No. 21, Nothwardly 140 feet to the place of BEGINNING. LING Lot No. 22, Block K in the General Plan of George W. Buttorffs Addition to New Cumberland as recorded in the Recorder's Office of Cumberland County. BEING improved with one-half of a double two and one-half story frame dwelling house known as 328 Fourth Street, New Cumberland, Pennsylvania. BEING the same premises which Bruce Alan Homes, Inc. by deed dated October 31, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 260, Page 2198, granted and conveyed unto William R. Hamilton and Linda L. Hamilton, husband and wife, Grantors herein. PROPERTY BEING: 328 FOURTH STREET File #: 141616 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-691 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From WILLIAM E. WITTLE, JR., AND JENNIFER L. WITTLE A/K/A JENNIFER L. RHOADS (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 $130,620.89 L.L. $.50 Interest FROM 3/21/07 TO 9/5/07 (PER DIEM - $21.47) - $3,606.96 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $169.92 Other Costs ADD'L COST - $1,980.00 Plaintiff Paid Date: MARCH 29, 2007 (Seal) I Curti . Long, Pr nota By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 P!M (AM 6i Real Estate Sale # 02 On April 13, 2007 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 328 Fourth Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 13, 2007 By: ju c(.?.t sw? Real Estate Sergeant ZC :(8 V S- da°I 10D1 ! N 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of July and the 1st day(s) of August 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 SALE #2 Sworn to and subscribed b %*#* ;dAy 4 A, si?2Y)Q1'AA.D. Terry i_.Ru?° ' :r,t . y iulic a iry Of Hat Dauphin Gowh iMy Ccmmission Exp;res Jt!no McMho , cnnavi ?n fl Ag6nr^^+'^? nt A1r}ar '_ N ARY PUBLIC 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 OWMarie Coyne, itor SWORN TO AND SUBSCRIBED before me this __I _-day of August, 2007 Notary C ?' NOTARIAL SEAL GE90RAN A COLLMIS NOW Public CARLISLE aORO. CUMBERLAND COUNTY MY CoMMMOn Eq*w Apr 2e. 2010 COMMONWEALTH 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: July 20, July 27, and August 3, 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. 1AAL MATR *AAA !O. Z Writ No. 2007-691 Civil Countrywide Home Loans, Inc. vs. William E. Wittle, Jr. and Jennifer L. Wittle a/k/a Jennifer L. Rhoads Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point or post on the south side of Fourth Street, 100 feet East of Reno Avenue; thence by the line of said Fourth Street, 25 feet in an eastwardly direction to the line of Lot Nos. 23; thence by the line of said Lot No. 23, southwardly 140 feet to an alley; thence by the line of said alley, westwardly 25 feet to the line of Lot No. 21; thence by the line of Lot No. 21, Northwardly 140 feet to the place of BEGINNING. BEING Lot No. 22, Block K in the General Plan of George W. Butte ff's Addition to New Cumberland as recorded in the Recorder's Office of Cumberland County. BEING improved with one-half of a double two and one-half story frame dwelling house known as 328 Fourth Street, New Cumberland, Pennsylvania. BEING the same premises which Bruce Alan Homes, Inc. by deed dated October 31, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 260, Page 2198, granted and conveyed unto William R. Hamilton and Linda L. Hamilton, husband and wife, Grantors herein. PROPERTY BEING: 328 FOURTH STREET. '"oo I