HomeMy WebLinkAbout03-1352 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY HOME LOAN
SERVICES, INC., f/k/a ALTEGRA
CREDIT COMPANY, assignee of THE CIT
GROUP/CONSUMER FINANCE, INC.,
CIVIL DIVISION
NO.
Plaintiff,
COMPLAINT IN MORTGAGE
FORECLOSURE
VS.
TERRI L. DOUTRICH,
Defendants.
Code
MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.D. #3810
Supreme Court #01072
Louis P. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
COMPLAINT IN MORTGAGE FORE LOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST
THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE
ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE
ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR
BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR
DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED
WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE
COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE
PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS
IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P.
Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for
its Complaint in Mortgage Foreclosure, sets forth the following:
1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the
Commonwealth of Pennsylvania, having a principal place of business located at 150 Allegheny Center Mall,
Pittsburgh, PA 15212.
2. The Defendant(s) is/are individuals with a last known mailing address of 701 Belmont
Avenue, Mechanicsburg, PA 17055. The property address is 701 Belmont Avenue, Mechanicsburg, PA
17055 and is the subject of this action.
3. On the 15th day of December, 1999, in consideration ora loan of Forty-Seven Thousand,
Seven Hundred Three and 60/100 ($47,703.60) Dollars made by The CIT Group/Consumer Finance
Agency, a PA corporation, to Defendant(s), the said Defendant(s) executed and delivered to The CIT
Group/Consumer Finance, Inc., a PA corporation, a "Note" secured by a Mortgage with the Defendant(s)
as mortgagor(s) and The CIT Group/Consumer Finance, Inc., as mortgagee, which mortgage was recorded
on the 29th day of December, 1999, in the Office of the Recorder of Deeds of Cumberland County, in
Mortgage Book Volume 1589, page 755. The said mortgage is incorporated herein by reference thereto as
though the same were set forth fully at length.
4. The premises secured by the mortgage are:
(See Exhibit "A" attached hereto.)
5. Subsequent thereto, The CIT Group/Consumer Finance, Inc., a PA corporation, assigned
to the Plaintiff, Altegra Credit Company, the said mortgage, that assignment being recorded in the Office
of the Recorder of Deeds of Cumberland County and the said assignment is incorporated herein by
reference.
6. Said mortgage provides, inter alia:
"that when as soon as the principal debt secured shall become due and payable, or
in case default shall be made in the payment of any installment of principal and interest, or
any monthly payment, keeping and performance by the mortgagor of any of the terms,
conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an
Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt,
interest and all other recoverable sums, together with attorney's fees."
7. Since September 20, 2002, the mortgage has been in default by reason, inter alia, of the
failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and
interest) and, under the terms of the mortgage, the entire principal sum is due and payable.
8. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania
Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to
foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been
served upon the mortgagor(s).
9. The amount due on said mortgage is itemized on the attached schedule.
10. Plaintiff does hereby release the personal representative, heir and/or devisee of the
mortgagor(s) from liability for the debt secured by the mortgage.
WHEREFORE, pursuant to Pennsylvania Rule of Civi! Procedure Number 1147(6), Plaintiff
demands judgment for the amount due of Fifty-Six Thousand, One Hundred Thirty-Three and 41/100
Dollars ($56,133.41) with interest and costs.
Respectfully submitted,
LOUIS p. VITTI & ASSOC., P.C.
Louis p. Vitti, Esquire
Attorney for Plaintiff
Doutric~, Tern L.
Unpaid Principal Balance
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Interest ~ 10.4500% from 08/20/02 through 3/31/2003
(Plus $13.3718 per day after 3/31/2003 )
Late charges through 3/25/2003
0 months ~ 21.72
Accumulated beforehand
(Plus $21.72 on the 17th day of each month after
Attorney's fee
3~5~003 )
Escrow deficit
(This figure includes projected additional charges that may be incurred by the Plaintiff
and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale)
BALANCE DUE
46,705.47
2,981.92
467.64
2,335.27
56~133.41
Legal description of the land:
Conestoga Title Insurance Company
PROPERTy DESCRIPTION
ALL that certain tract
P~e.nnsylvania b,', .... _or parcel of lan ~. ...... *
BEGINNING at the intersection of the easter
Maple Avenue; thence
one hundred - along the so ._n line of Belin .
then sixty-three and Uthem line of Ma ont Avenue and t .
ce along the wester · ,t~enty-seven hun pie Avenue Nort he _S_Outhem line
~,.'.. L~, '.~, ](J, 9 and ,. ght_hundred~ns 12 So~..u_t.h 26 degrees 4 a. fence Post, a CDr East,
~'_'_~ n.u_nared seven,,, 8~3.n- the.hereinafte/,~L~2,:8-)- fe?t to a fence ,~,,l,.5,.rn~mutes East. one
~[]~e~t 5.elmont Ave~u-~,~. u,i and ninety-thre~'~;;n".u.n_e~,Plan of lots ~;;/~ m~en~ce along Lots'/~/~"~u
--,,,,~ Ua5 05/fe ~ ~,- ,,-': .... ".~ Degrees 3 ,,,~.~. .." "V pin on the
. e...~ ~.e ' 0 ,,-,,u[e .... ,,,
Point and s West o
BEING Lots Nos. 1, 2 3, place °fBEGINNING: ne hundred
which Plan is recorde~ in 4, 5, 6 and 7 in Block 'G,, on a P/an°f lots known as "Harrisburg Manor"
50. the Cumberland County Recorder of Deeds Office in Plan Book Z, Page
Parcel #13-24-0795-088
Premium Rate $484.90
Endorsements $150. O0
Commitment
erty Description)
(1999114685125)
AND NOW Louis p. Vitti ver/fies that the statements made in this Complaint are true and
correct to the best of his know/edge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. 4904, relating to Unsworn falsification to authorities.
By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the
verification cannot be obtained within the time allOwed for the filing of this pleading, the pleading is
submitted by COUnsel having sufficient knOwledge, information and belief based Upon the information
provided him by the Plaintiff.
Dated: March 25, 2003
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY HOME LOAN CIVIL DIVISION
SERVICES, INC., f/k/a ALTEGRA
CREDIT COMPANY, assignee of THE CIT NO. 03-1352 Civil Term
GROUP/CONSUMER FINANCE, INC.,
Plaintiff,
PRAECIPE TO SETTLE AND
DISCONTINUE
VS.
TERRI L. DOUTRICH,
Defendants.
Code - MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.D. #3810
Supreme Court #01072
Louis P Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY HOME LOAN SERVICES,
INC., f/k/a ALTEGRA CREDIT COMPANY,
assignee of THE ClT GROUP/CONSUMER
FINANCE, INC.,
VS.
TERRI L. DOUTRICH,
Plaintiff,
Defendant.
)
)
)
)
)
)
)
)
NO. 03-1352 Civil Term
PRAECIPE TO SETTLE AND DISCONTINUF
TO: PROTHONOTARY OF CUMBERLAND COUNTY
KINDLY settle and discontinue Plaintiff's case as to Defendant, TERRI L.
DOUTRICH.
uts P Vitti, Esqu'
Attorney for Plaintiff
I hereby certify that the foregoing is a true and correct statement of the above case.
Date: April 1, 2003
SWORN TO and subscribed
before me this 1st day
of A~il, 2003
Notary PLi~:'''-~-''' /
~-~-~FICATION OF BAIL
AND DISCHARGE
COMMONWEALTH VS. (Defendant Name and Address)
George Dale Broadwater
2RR .27¥
Box 355A Landisburg Pa 17040
[] ROR (no surety)
[] Bail (total amount set, if any
[] Nominal Bail
$ 500.00
[] Conditions of Release (aside from appearing at court when required:)
C.P. TERM & NO. 02-5934 Civil Term
CHARGE(S):
Indirect criminal contempt = Adult- P F A
NEXT COURT ACTION
Remain good behavior & Comply with terms of P F A
SECURITY OR SURETY (IF ANY)
[] Professional Bondsman
[] Surety Company
[] Money fumished by
[] Defendant
[] 3'~ Party
Name: Laura Martz
Address: 2 RR Box 355A Landisburg Pa 17040
Date and Time Location
4/14/03 at 11:30 AM Courtroom #2, Cumberland County Courthouse
TO: [] Detention Center [] Other
I hereby certify that sufficient bail has been entered
[]By the defendant I~On behalf of the defendant
by:
Laura Martz
(Name & Address of Surety) (License No.)
· Refund of cash bail will be made within 20 days after final disposition
(Pa.R.Cr.P.4015Co)
· Refund of all other types of bail will be made promptly after 20 days following
final disposition. (Pa.R. Cr.P.4015(a)
· Bring Cash Bail Receipt to Prothonotary
JUDGE OR ISSUING AUTHORITY
Edgar B Bayley Judge
APPEARANCE OR BAIL BOND
THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS
AND UNTIL FULL AND FINAL DISPOSITION OF ANY
PETITION FOR WRIT OF CERTIORARI OR APPEAL
TIMELY FILED IN THE SUPREME COURT OF THE
UNITED STATES.
DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF
DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED:
Given under my hand and the Official Seal of this Court.
This 3If(day of April, 2003.
(SEAL/' [ r ¢
(Prothonotary or Issuing Authority)
WE, THE UNDERSIGNED, defendant and surety, our successors, heir and assigns, are jointly and severally
bound to pay to the Commonwealth of Pennsylvania the sum of dollars ($ ).
SEE ATTACHED FOR BAIL CONDITIONS
TO BE USED ONLY FOR PERCENTAGE CASH BAIL:
The undersigned about to become Surety in the case cited herein, being duly sworn (or affirmed), disposes and says:
I reside at my phone number is
and my occupation is and I work for
I have no undisposed of criminal cases against me pending
In the Courts of the aforesaid County, except as follows:
I am not Surety on any bond of any kind except as follows:
DATE AMOUNT DEFENDANT
4. I have carefully read the foregoing affidavit and know it is true and correct.
I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL.
The ~ollbwing~acknowledgement is also applicable
If Percentage Cash Bail is used
THIS BOND SIGNED ON day of
,At Carlisle, PA
Signed and acknowledged before me this
day of ,20
,20
(Prothonotary or Issuing Authority)
SI GN/~'TUEE"O-~ DEFEIqDA
(SEAL)
Signature of Surety (May be Bondsman, Bail Agency, or private i~dividual or
organization). Except when defendant is released on his own recognizance
(ROR), this must be signed in all bail situations, including nominal bail.
~-DDRESS OF SURETY, SURETY COMPANY OR DEFENDANT
Surety No. or Professional Bondsman License No. & Expiration Datu
BAIL CONDITIONS
The Conditions of this bond are that the defendant
will:
(1) Appear before the issuing authority and in the
Courts of the County of Cumberland,
Pennsylvania at all time as his presence may be
required, ordered or directed, until full and final
disposition of the case, to plead, to answer and
defend as ordered the aforesaid charge or
charges.
(2) Submit himself to all orders and processes of the
issuing authority or Court.
(3) The DEFENDAND and SURETY must give
written notice to the issuing authority,
Prothonotary, District Attorney and Court Bail
Agency of any change in his address within forty-
eight hours of the date of his change of address.
(4) Comply with any specific requirement of release
imposed by the issuing authority or Court, such
as a satisfactory participation in a designated
program.
(5) Neither do, nor cause to be done, nor permit to
be done on his or her behalf, any act proscribed
by Crimes Code section 4952 (relating to
intimidation of witnesses or victims) (18 Pa.C.S.
§§4952, 4953).
(6) Obey such other condition as the Court, or Court
Bail Agency with leave of issuing authority or
Court, may impose.
If defendant performs the condition as set forth
herein, then this bond is to be void, otherwise the
same shall remain in full force and this bond in the
full sum thereof shall be forfeited.
And further, in accordance with law, we do hereby
empower any attorney of any court of record
within the Commonwealth of Pennsylvania or
elsewhere to appear before us at any time, and
with or without declarations filed, and whether or
not the said obligation be in default, to confess
judgement against us, and in favor of the
Commonwealth of Pennsylvania for use of the
aforesaid County and its assigns, as of any term
or session of court of record of the aforesaid
County for the above sum and costs, with release
of all errors, without stay of execution, and
inquisition on and extension upon any levy or real
estate is hereby waived, and condemnation
agreed to, and the exemption of person property
from levy and sale on any execution hereon is
also hereby expressly waived and no benefit of
exemption is claimed under and by virtue of any
exemption law now in force or which may be
passed hereafter. And for so doing this shall be
sufficient warrant. A copy of this bond and
warrant being filed in said action, it shall not be
necessary to file the original as a warrant of
attorney, any law or rule of the Court to the
contrary, not withstanding.
CRIMINAL COMPLAINT CHARGES DISTRICT JUSTICE COPY
OTN:
DEFENDANT: GEORGE DALE BROADWATER INCIDENT NO: 20030400038 CAM
23 6114 A1 INDIRECT CRIMINAL CONTEMPT - ADULT 1
COMMONWEALTH Of PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag. Dist. No.:
DJ Name: Hon.
09102
ROBERT V MANLOVE
Address: 1901 STATE ST
CAMP HILL
717 761 0583
Telephone:
PA
AKA:
GEORGE BROADWATER
17011
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
COMMONWEALTH OF
PENNSYLVANIA
VS.
DEFENDANT:
NME and ADDRESS
GEORGE DALE BROADWATER
2 RR BOX 355A
LANDISBURG PA 17040 0000
00
Docket No.:
Date Filed:
OTN:
Registratkm Number
Annual Sticker Number
Complaint Number Complaint Numbers if other
I I .oo o ooo .
OLN Number SID Number
R.S.A.: WM 50
ORI NO.: PA0210100
D.O.B.:
District Attorney's Office Approved Disapproved because:
(The District Attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing.
Pa.R.Cr.P. 107.) When the affiant is not a police officer as defined in Rule 51(C) and the offense(s) charged include(s) a misdemeanor or felony which
does not involve a clear and present danger to any person or the community, the complaint shall be submitted to the attorney for the Commonwealth, who
shall approve or disapprove without unreasonable delay).
(Issue Date)
I, (Name pi Affiant) PO DAVID BpEPPERMAN
of CAMP HILL POLICE DEPT.
residing at 2199 WALNUT ST. CAMP HILL
do hereby state: (check appropriate area)
1.
PA 17011
(Signature)
BADGE 1711
X I accuse the above named defendant, who lives at the address set forth above or,
I accuse an individual whose name is unknown to me but who is described as
I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I
have therefore designated as John Doe
BOROUGH
with .vig~tiQg the penal laws of the Commonwealth of Pennsylvania at: CAMP HILL
±uu ~ 16TH ST R CAMP HILL (Place-PoliticalSubdivision)
in (County) CUMBERLAND on or about 03 06 2003 1030
TO 04 03 2003 1020
HRS
HRS
Participants were: (if there were participants place their names here, repeating name of above defendant)
The acts committed by the accused were:
(Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidence nor the statute
allegedly violated need be cited, nor shall a citation of the statute allegedly violated, by itself, be sufficient. In a summary case, set forth a
citation of the specific section and sub-section of the statute or ordinance allegedly violated).
INDIRECT CRIMINAL CONTEMPT - ADULT CTS 1
THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER
NUMBER 02-59364 CIVIL TERM
~THE ORDER WAS SIGNED BY THE HONORABLE EDGAR B BAYLEY
THE ORDER WAS DATED 12/13/02
Copy: District Justice Defendant Return of Service Police 4/97wp
Page 2
Defendant Name:GEORGE DALE
BROADWATER I Docket Number:
I
INCIDENT NO:
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
20030400038 CAM
THE ACTOR VIOLATED THE ORDER BY DRIVING BY THE VICTIM'S
RESIDENCE NUMBEROUS TIMES. THESE STARTED MARCH 6TH, 2003 AT
1030 HRS AND 1130 HRS. MARCH 13TH, 2003 AT 1415 HRS AND 1530
HRS. MARCH 16TH, 2003 AT 1425 HRS. MARCH 18TH, 2003 AT 2000
HRS WHILE SHE VISITED A FRIEND AT 2144 MARKET STREET IN CAMP
HILL BOROUGH. AGAIN ON MARCH 20TH, 2003 AT 2025 HRS DRIVING BY
HER RESIDENCE AND THEN THIS DATE, APRIL 3RD, 2003 AT 1020 HRS
THE DEFENDANT DID DRIVE BY THE VICTIM'S RESIDENCE AND BEEPED
HIS HORN, THEN DROVE AWAY. A SHORT TIME LATER HE DID C3LLL HER
A SHORT TIME LATER FROM PAYPHONE (717)761-9606 AND SHE HTJNG UP.
ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMO~TH OF
PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY,
OR IN VIOLATION OF 6114 A1 OF THE ACT OF 23
OR THE ORDINANCE OF
3. I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges
I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be
completed and sworn to before the issuing authority.)
4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information
and belief. I certify the complaint has been properly completed and verified, and that there is probable cause
for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes
Code (18 PA. C.S. 4904) relating to unsworn falsificatie~to authoj;itie~s.
Date:
(Signature of Complainant)
AND NOW, on this date, I certify the complaint has been properly completed and
verified, and that there is probable cause for issuance of process.
(Magisterial District) {issuing Authority) (SEAL)
CAMP HILL POLICE DEPT.
PROBABLE CAUSE AFFIDAVIT
INCIDENT NUMBER: 20030400038 CAM DATE: 03/06/2003 OTN:
CHARGE(S):
23 6114 A1 INDIRECT CRIMINAL CONTEMPT - ADULT
COMMONWEALTH VS GEORGE DALE BROADWATER
PG 1
#CTS
1
INFORMATION:
ON 4-3-03 AT OR AROUND 1055 }{RS THIS OFFICER WAS CONTACTED BY
CAMP HILL POLICE BASE AND ADVISED TO RESPOND TO THE BROADWATER
RESIDENCE AT 108 SOUTH 16TH STREET, REAR IN CAMP HILL BOROUGH
TO SPEAK WITH CECILIA BROADWATER IN REFERENCE TO HER EX-HUSBAND
VIOLATING HIS PFA. THIS OFFICER DID SO AND UPON ARRIVAL WAS
ADVISED THE FOLLOWING.
SHE STATED THAT TODAY HER HUSBAND AGAIN DROVE BY HER RESIDENCE
AT ABOUT 1020 HRS AND BEEPED. HE THEN WAS OBSERVED DRIVING OFF
AND A SHORT TIME LATER CALLED HER ON A PAYPHONE # (717)
761-9606 WHERE HE STATED TO HER "I THOUGHT YOU WERE HOME
SCHOOLING " AT THIS POINT HEARING HIS VOICE SHE HUNG UP THE
PHONE AND CALLED HER ATTORNEY. WHO ADVISED HER TO CONTACT THE
POLICE.
IN TALKING TO HER FURTHER SHE ADVISED THAT THESE INCIDENTS
STARTED ABOUND MARCH 6TH, 2003 WHEN BROADWATER DROVE BY HER
RESIDENCE AT 1030 HRS AND AGAIN AT 1415 HRS. SHE STATED THAT HE
AGAIN DROVE BY HER RESIDENCE ON MARCH 13TH, 2003 AT 1415 HRS
AND AGAIN AT 1530 HRS.
SHE THEN STATED THAT HE AGAIN DROVE BY HER RESIDENCE ON MARCH
16TH, 2003 AT 1425 HRS. ON MARCH 18TH, 2003 WHILE VISITING A
FRIEND AT 2144 MARKET STREET, SHE OBSERVED BROADWATER DRIVE BY
AT 2000 HRS. SHE FURTHER STATED THAT AGAIN ON MARCH 20TH, 2003
BROADWATER WAS OBSERVED DRIVING BY HER RESIDENCE AGAIN AT 2025
HRS. SHE STATED THAT SHE HAD NOT SEEN HIMTHEN UNTIL TODAY.
I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED
TO ANSWER THE CHARGE(S) I HAVE MADE IN THE ABOVE AFFIDAVIT.
I SWEAR TO, OR AFFIRM, TH.F~WI~I~FIDAVIT UPON MY KNOWLEDGE, INFORMATION
BELZEF, mOO SZGN IT ON , 200_3 ,
BEFORE ' ' WHOSE OFFI,~'E IS THAT OF
SIGNATURE & SEAL OF DISTRICT JUSTIC~ SIGNATURE OF AFFIANT
PRINT
2 COPIES - DISTRICT JUSTICE 1 COPY - BUREAU OF POLICE
METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC)
PAGE: 1 WITNESS REQUEST SHEET FOR DJ HEARING 04/03/03 DBP1 CAM8
INC#: CAM 20030400038 DT,TM: 2003 03 06 1030 THU TO: 2003 04 03 1020 THU
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
METHOD SERVED: HAND COPY / BY MAIL
CECILIA FRANCES BROADWATER
VICT WITN REPT-BY
DOB: 520721 SS#: 218649173
ADDR: 108 S 16TH ST REAR
CAMP HILL PA 17011
EMPL: NONE
ADDR: 00000
RSA: WF 50
CDS: 4 7 20 DJ,CRT APPEAR: 2
RESIDENT STATUS: R HISP: N CUBN: N
PHONE: 717 763 4343
OCCUP:
WRKHRS:
PHONE: 999 999 9999 9999
GEORGE DALE BROADWATER
RSA: WM 50
SUSP ACCU ARREST#:
DOB: 520610 SS#: 215567796
ADDR: 2 RR BOX 355A
LANDISBURG PA 17040
EMPL: DDSPW
i~DDR: ST JOHNS DR 99999
MECHANICSBURG PA 17055
CDS: 1
C/F:
RESIDENT STATUS: N
DJ, CRT APPEAR: 2
HISP: N CUBN: N
PHONE: 717 789 4050
OCCUP:
WRK HRS:
PHONE: 717 770 5453
METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC)
PAGE: 1 WITNESS REQUEST SHEET FOR DJ HEARING 04/03/03 DBP1 CAM8
INC#: CAM 20030400038 DT,TM: 2003 03 06 1030 THU TO: 2003 04 03 1020 THU
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
METHOD SERVED: HAND COPY / BY MAIL
CECILIA FRANCES BROADWATER
VICT WITN REPT-BY
DOB: 520721 SS#: 218649173
ADDR: 108 S 16TH ST REAR
CAMP HILL PA 17011
EMPL: NONE
ADDR: 00000
GEORGE DALE
SUSP ACCU ARREST#:
DOB: 520610 SS#: 215567796
ADDR: 2 RR BOX 355A
LANDISBURG PA 17040
EMPL: DDSPW
ADDR: ST JOHNS DR 99999
MECHANICSBURG PA 17055
CDS: 4 7 20
RESIDENT STATUS: R
BROADWATER
CDS: 1
C/F:
RESIDENT STATUS: N
RSA: WF 50
DJ,CRT APPEAR: 2
HISP: N CUBN: N
PHONE: 717 763 4343
OCCUP:
WRK MRS:
PHONE: 999 999 9999 9999
RSA: WM 50
DJ,CRT APPEAR: 2
HISP: N CUBN: N
PHONE: 717 789 4050
OCCUP:
WRKMRS:
PHONE: 717 770 5453
METRO THE HARRISBURG AREAPOLICE INFORMATION RESOURCE SYSTEM (ICRIPINC)
PAGE: 1 WITNESS REQUEST SHEET FOR DJ HEARING 04/03/03 DBP1 CAM8
INC#: CAM 20030400038 DT,TM: 2003 03 06 1030 THU TO: 2003 04 03 1020 THU
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
METHOD SERVED: HAND COPY / BY MAIL
CECILIA FRANCES BROADWATER
VICT WITN REPT-BY
DOB: 520721 SS#: 218649173
ADDR: 108 S 16TH ST REAR
CAMP HILL PA 17011
EMPL: NONE
ADDR: 00000
CDS: 4 7 20
RESIDENT STATUS: R
RSA: WF 50
DJ,CRT APPEAR: 2
HISP: N CUBN: N
PHONE: 717 789 4050
OCCUP:
WRK HRS:
PHONE: 717 770 5453
GEORGE DALE BROADWATER
CDS:
SUSP ACCU ARREST#:
DOB: 520610 SS#: 215567796
ADDR: 2 RR BOX 355A
LANDISBURG PA 17040
EMPL: DDSPW
ADDR: ST JOHNS DR 99999
MECF~Z~NICSBURG PA 17055
RSA: WM 50
DJ, CRT APPEAR: 2
HISP: N CUBN: N
1
C/F:
RESIDENT STATUS: N
PHONE: 717 763 4343
OCCUP:
WRK HRS:
PHONE: 999 999 9999 9999
Cecilia Frances Broadwater,
Plaintiff
George Dale Broadwater,
Defendant
: IN THE COURT OF COMMON
: PLEAS OF ~,.
: CUMBERLAND COUNTX~',
: PENNSYLVANIA
;
: No. 02-5934
: CIVIL ACTION -LAW
: PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name: George Dale Broadwater
Defendant's Date of Birth: June 10, 1952
Defendant's Social Security Number: 215-56-7796
Names and Dates of Birth of All Protected Persons, including Plaintiff and
minor children:
Names
Cecilia Frances Broadwater
Dates of Birth
July 21, 1952
Plaintiff or Protected Person(s) is/are:
[X] spouse or former spouse of Defendant
[ ] parent of a common child with Defendant
[ ] current or former sexual or intimate partner with Defendant
[ ] child of Plaintiff
[ ] child of Defendant
[ ] family member related by blood (consanguinity) to Defendant
[ ] family member related by marriage or affinity to Defendant
[ ] sibling (,person who shares biological parenthood) of Defendant
[ ] current or former cohabitant (person who lives with) Defendant.
Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice
of the time, date and location of the hearing scheduled in this matter.
AND NOW, this 12th Day of February, 2003 the court having jurisdiction
over the parties and the subject-matter, it is ORDERED, ADJUDGED and
DECREED as follows:
Pursuant to consent of the parties, which does not constitute Defendant's
admission to the averments of abuse in the petition, the following order will be
entered:
o
Plaintiff's request for a final protection order is granted.
Defendant shall not abuse, stalk, harass, threaten or attempt to use physical
force that would reasonably be expected to cause bodily injury to the Plaintiff
or any other protected person in any place where they might be found.
Except as provided in Paragraph 4 of this Order, Defendant is prohibited from
having ANY CONTACT with the Plaintiff, or any other person protected
under this Order, at any location, including but not limited to any contact at
Plaintiff's school, business, or place of employement.
Except as provided in Paragraph 4 of this Order, Defendant shall not contact
the Plaintiff, or any other person protected under this Order, by telephone or
by any other means, including through third persons.
4. Custody of the following minor children:
1. Jeremy Stephen Broadwater
2. Cecilia Michelle Broadwater
shall be as follows:
Defendant may have periods of partial custody as the
parties may agree. Defendant may not be under the
influence of drugs and/or alcohol during periods of
partial custody.
5. The following additional relief is granted as authorized by {}6108 of the Act:
- Defendant is prohibited from having any contact with Plaintiff's
relatives and Plaintiff's children listed in this petition, except as is
necessary with respect to partial custody and/or visitation with the minor
children.
- Defendant shall not destroy or damage any property owned jointly by
the parties or solely by the Plaintiff.
- Defendant may enter the residence one time with a constable to retrieve
his personal property at a time mutually agreeable to the parties. In the
event that the parties do not agree on the ownership of any property :.:,
requested by Defendant, said property shall remain in the possession of
Plaintiff until the issue is resolved in the parties' pending divorce action.
6. A certified copy of this Order shall be provided to the police department
where Plaintiff resides and any other agency specified hereafter:
Camp Hill Borough Police Department
7. THIS ORDER SUPERSEDES:
1. ANY PRIOR PFA ORDER
8. All provisions of this order shall expire on: June 13, 2004
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS
PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE
OF UP TO SIX MONTHS. 23 PA.C.S. {}6114. VIOLATION MAY ALSO
SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER
THE PENNSYLVANIA CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE
DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND
THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE
AGAINST WOMEN ACT, 18 U.S.C. {}2265. IF YOU TRAVEL OUTSIDE OF
THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY
BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT
ACT. 18 U.S.C {}{}2261-2262. IF YOU POSSESS A FIREARM OR ANY
AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE
CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS
PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU
FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. {}922(g)(8).
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiffs residence OR any location
where a violation of this order occurs OR where the defendant ma~ be located,
shall enforce this order. An arrest for violation of Paragraphs 1 through 4 of this
order may be without warrant, based solely on probable cause, whether or not
the violation is committed in the presence of the police. 23 Pa.C.S. {}6113.
Subsequent to arrest, the police officer shall seize all weapons used or
threatened to be used during the violation of the protection order or during prior
incidents of abuse. The Cumberland County Sheriffs Office shall maintain
possession of the weapons until further order of this Court.
When the defendant is placed under arrest for violation of this order, the
defendant shall be taken to the appropriate authority or authorities before whom
defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt"
shall then be completed and signed by the police officer OR the plaintiff.
Plaintiffs presence and signature are not required to file the complaint.
If sufficient grounds for violation of this order are alleged, the de~fend.~nt~
be arraigned, bond set and both parties given notice of the d/~,,~_e of, tffT~'
E, d_~/, B. l~ayley, -J~dg~ · ~ Date
Entered pursuant to the consent of Plaintiff and Defendant:
Cecilia Frances Broadwater, Plaintiff
Philip Bfigfinti, y for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Distribution to:
Philip Briganti, Attorney for Plaintiff
Matthew Eshelrnan, Attorney for Defendant
Faxed and Mailed to PSP
Matthew Eshel~uan, Attorney for Defendant
Law Office of Patrick F. Lauer, Jr.
2108 Market Street
Camp Hill, PA 17011
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2003-01352 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MATIONAL CITY HOME LOAN SERVI~
VS
DOUTRICH TERRI L
R. Thomas Kline , Sheriff , who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
DOUTRICH TERRI L
unable to locate Her
COMPLAINT - MORT FORE
in his bailiwick.
but was
He therefore returns the
the within named DEFENDANT
, DOUTRICH TERRI L
NOT SERVED
, as to
701 BELMONT AVENUE
MECHANICSBURG, PA 17055
SERVICE STOPPED PER FAX FROM ATTORNEY.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18 00
00
00
10 00
00
R. Thomas Kline
Sheriff of Cumberland County
LOUIS VITTI & ASSOC
0~/03/2003
Sworn and subscribed to before me
this .70 ~ day of ~ ~zz3
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY HOME LOAN
SERVICES, INC., f/k/a ALTEGRA
CREDIT COMPANY, assignee of THE
CIT GROUP/CONSUMER FINANCE,
INC.,
CIVIL DIVISION
NO. C~.~- 135.2,.
COMPLAINT IN MORTGAGE
FORECLOSURE
Plaimiff,
VS.
TERRI L. DOUTRICH,
Defendants.
Code
MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.D.//3810
Supreme Court//01072
Louis P. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
COMPLAINT IN MORTGAGE FORECLOSURE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND
AGAINST THE CLAIMS SET FORTIt IN THE FOLLOWING PAGES, YOU MUST
TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND
NOTICE ARE SERVED, A,BY ENTERING A WRITTEN APPEARANCE
PERSONALLY OR BY THE TTORNEY AND FILING IN WRITING WITH THE
COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIl. TO DO SO THE CASE
MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED
AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY
MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR
RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P.
Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for
its Complaint in Mortgage Foreclosure, sets forth the following:
1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the
Commonwealth of Pennsylvania, having a principal place of business located at 150 Allegheny Center Mall,
Pittsburgh, PA 15212.
2. The Defendant(s) is/are individuals with a last known mailing address of 701 Belmont
Avenue, Mechanicsburg, PA 17055. The property address is 701 Belmont Avenue, Mechanicsburg, PA
17055 and is the subject of this action.
3. On the 15th day of December, 1999, in consideration of a loan of Forty-Seven Thousand,
Seven Hundred Three and 60/100 ($47,703.60) Dollars made by The CIT Group/Consumer Finance Agency,
a PA corporation, to Defendant(s), the said Defendant(s) executed and delivered to The CIT
Group/Consumer Finance, Inc., a PA corporation, a "Note" secured by a Mortgage with the Defendant(s)
as mortgagor(s) and The CIT Group/Consumer Finance, Inc., as mortgagee, which mortgage was recorded
on the 29th day of December, 1999, in the Office of the Recorder of Deeds of Cumberland County, in
Mortgage Book Volume 1589, page 755. The said mortgage is incorporated herein by reference thereto as
though the same were set forth fully at length.
4. The premises secured by the mortgage are:
(See Exhibit "A" attached hereto.)
5. Subsequent thereto, The CIT Group/Consumer Finance, Inc., a PA corporation, assigned
to the Plaintiff, Altegra Credit Company, the said mortgage, that assignment being recorded in the Office
of the Recorder of Deeds of Cumberland County and the said assignment is incorporated herein by
reference.
6. Said mortgage provides, inter alia:
"that when as soon as the principal debt secured shall become due and payable, or in
case default shall be made in the payment of any installment of principal and interest, or any
monthly payment, keeping and performance by the mortgagor of any of the terms, conditions
or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of
Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest
and all other recoverable sums, together with attorney's fees."
7. Since September 20, 2002, the mortgage has been in default by reason, inter alia, of the
failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and
interest) and, under the terms of the mortgage, the entire principal sum is due and payable.
8. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania
Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to
foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been
served upon the mortgagor(s).
9. The amount due on said mortgage is itemized on the attached schedule.
10. Plaintiff does hereby release the personal representative, heir and/or devisee of the
mortgagor(s) from liability for the debt secured by the mortgage.
WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff
demands judgment for the amount due of Fifty-Six Thousand, One Hundred Thirty-Three and 41/100
Dollars ($56,133.41) with interest and costs.
Respectfully submitted,
LOUIS P. VITTI & ASSOC., P.C.
BY
Louis P. Vitti, Esquire
Attorney for Plaintiff
. Doutfich, Terri L.
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance
Interest @ 10.4500% from 08/20/02 through
(Plus $13.3718 per day after 3/31/2003 )
3/31/2003
Late charges through 3f25/2003
0 months @ 21.72
Accumulated beforehand
(Plus $21.72 on the 17th day of each month after
Attorney's fee
3/25/20O3 )
Escrow deficit
(This figure includes projected additional charges that may be incurred by the Plaintiff
and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale)
BALANCE DUE
46,705.47
2,981.92
467.64
2,335.27
3,643.11
56,133.41
Conestoga Title Insurance Company
PROPERTY DESCRIPTION
Legal description of the land:
ALL that certain tract or parcel of land situate in Lower Allen Township, Cumberland County,
Pennsylvania, bounded andiLclescdbed in accordance with survey and plan thereof made by Gerrit J.
Betz, Registered Surveyor, ~ated January 2, 1970, as follows:
BEGINNING at the intersection of the eastern line of Belmont Avenue and the southern line of
Maple Avenue; thence along the southern line of Maple Avenue North 52 degrees 10 minutes East,
one hundred sixty-three and twenty-seven hundredths (163.27) feet to a fence post, a corner,
thence along the western line of Windsor Place South 26 degrees 45 minutes East, one hundred
twenty-two and twenty-eight hundredths (122.28) feet to a fence post; thence along Lots Nos. 14,
13, 12, 11, 10, 9 and 8 on the hereinafter mentioned plan of lots South 52 degrees 10 minutes West,
one hundred seventy-four and ninety-three hundredths (174.93) feet to a~ iron pin on the eastern
line of Belmont Avenue; thence along the same North 21 dearees 30 minutes West, one hundred
twenty-five and five hundredths (125.05) feet to the point and place of BEGINNING.
BEING Lots Nos. 1, 2, 3, 4, 5, 6 and 7 in Block "G" on a plan'of lots known as "Harrisburg Manor"
which plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book Z, Page
50.
Parcel #13-24-0795-088
Premium Rate $484.90
Endorsements $150.00
TLTA Commitment
. (Property Description)
(1999114685/25)
VERIFICATION
AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true
and correct to the best of his knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to
authorities.
By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the
verification cannot be obtained within the time allowed for the filing of this pleading, the pleading
is submitted by counsel having sufficient knowledge, information and belief based upon the
information provided him by the Plaintiff.
Dated: March 25, 2003
Louis P. Vitti