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HomeMy WebLinkAbout08-6834PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 191191 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. BRIAN K. MITTEN 126 MEALS DRIVE CARLISLE, PA 17015-3187 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - (oB$y ciyi t -F&M CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 191191 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 (717) 249-3166 File #: 191191 1. Plaintiff is THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN K. MITTEN 126 MEALS DRIVE CARLISLE, PA 17015-3187 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/07/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1954, Page 2458. The 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2008 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 #: 191191 6. The following amounts are due on the mortgage: Principal Balance $243,420.16 Interest $9,262.96 05/01/2008 through 11/13/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $354.65 06/07/2006 to 11/13/2008 Cost of Suit and Title Search 750.00 Subtotal $255,037.77 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $255,037.77 7. 9. 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. The mortgage premises are vacant and abandoned. File #: 191191 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $255,037.77, together with interest from 11/13/2008 at the rate of $47.26 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. By: PHELAN HALLINAV-& SCHMI , LLP LAVn`iZENCE T. FRANCIS S. HALLINAN ES? DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 191191 LEGAL DESCRIPTION ALL THAT CERTAIN plat, tract, parcel or lot of land located in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, o wit: BEGINNING at a point on the eastern right-of-way line of West View (a fifty foot right-of-way) said point being located North zero degrees, ten minutes, nineteen seconds West ( N 00 10' 19- M. a distance of -four hundred eighty-two and nine hundredth feet (482.09') from the terminus of a curve connecting said right-of-way line with the northern right-of-way line of Long View; thence from said point of Beginning. by said eastern right-of-ray line North zero degrees, ten minutes nineteen seconds West (N 0010' 19' W), a distance of eighty feet (80.00') to a point; thence by Lot No. 50 North eighty-nine degrees, forty-nine minutes, forty-one slaconds East (N 89 49' 41" E), a distance of one hundred ninety hundredth feet (190.00') to a point; thence by Lot No. 67 North sixty degrees, seven minutes forty- seven seconds East (N 60 07' 47' E), a distance of one hundred fifteen and twelve hundredth feet (115.12') to a point; thence by Lot No. 65 and Lot No. 64 Phase 4 of North Ridge South zero degrees, ten minutes, nineteen seconds East (S 00 10' 19' E), a distance of one hundred forty-five and eighty hundredth feet (137.03') to a point; thence by Lot No. 52 South eighty-nine degrees, forty-nine minutes, forty-one seconds West (S 89 49 41' W), a distance of two hundred ninety hundredth feet (290.00') to a point on the eastern right-of-way tine of West View, the place of Beginning. Said tract contains 23,051.75 square feet or 0.598 acres. BEING Lot No. 51 on the Final Subdivision Plan for North Ridge Phase 6, prepared by Hartman and Associates Engineers and Surveyors. BEING THE SAME PREMISES which Fred A Gettys, by his Deed dated March 17, 2005 and recorded May 10, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 268, Page 4047, granted and conveyed unto Jeny W. Swartz one of the Grantors herein. Deborah K. Swartz joins in this deed to convey any interest she may have in the within described property as the spouse of Jerry W. Swartz. UNDER AND SUBJECT to Dedaration of Building and Use Bast 1iof;j r•?t:4r3 - May 30, 2002, in Misc. Book 687, Page 2846 and membership in the North Ridge li Home Owners Association, a copy of the By-Law recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Misc. Book 694, Page 2013. Subject to stormwater drainage facilities as shown on the Final Subdivision Plan for North Ridge Phase 6, prepared by Hartman and Associates Engineers and Surveyors and recorded in the Recorder of Deeds Office in and for Cumberland County in Plan Book 89, Page 35 located outside the public street rights of way s ?. be owned and maintained by the owner &Vhe lot on which they are located, and such facilities shall be permanent unless,,a revised stormwater management plan is approved by the North Middleton Township Board of Supervisors. Maintenance of such facilities shall include periodic mowing of vegetation and removal of debris, which restricts water flow. Should drainage facilities be altered as provided for above, the change shall not require the consent of other lot owners in this Subdivision. PREMISES: 60 WEST VIEW TAX I.D. #: 29-06-0019-095 File #: 191191 VERIFICATION I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsifications to authorities. DATE: t !iI (,,, a ?) , (;;;c "^, e?'-- fk 00 S 'D s v 1 C) C ?a c? rlo ?*.,) O -n HIM -r ?7rr: ' 9 e 0 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-OC7 rain aff vs. BRIAN K. MITTEN Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6834 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire Date: 12/4/08 PHS #: 191191 ra rn r??j SHERIFF'S RETURN - REGULAR • 4 CASE NO: 2008-06834 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS MITTEN BRIAN K KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MITTEN BRIAN K the DEFENDANT at 0011:15 HOURS, on the 20th day of November , 2008 at 126 MEALS DRIVE CARLISLE, PA 17015 by handing to MIRIAM MITTEN WIFE OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 21.00 So Answers: R.•Thomas Kline 11/24/2L0708 PHELAN HTT T INAN S/-+LTNTIEG Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06834 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS MITTEN BRIAN K R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MITTEN BRIAN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 60 WEST VIEW , MITTEN BRIAN NOT FOUND , as to CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 18.00 5.00 .00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 33.00 PHELAN HALLINAN & SCHMIEG 11/24/2008 Sworn and Subscribed to before me this day of A. D. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-OC7 VS. BRIAN K. MITTEN 126 MEALS DRIVE CARLISLE, PA 17015-3187 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-6834 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against BRIAN K. MITTEN, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest -11/14/2008 to 12/31/2008 $255,037.77 $2,268.48 TOTAL $257,306.25 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attac Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _ 4"9 PHs # 191191 PRO PROTHY &a- 49) l5t .t? ;S is AO+ /°P PHELAN HALLINAN & SCHMIEG, LLP By: 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 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 Plaintiff BRIAN K. MITTEN Defendant TO: BRIAN K. MITTEN 126 MEALS DRIVE CARLISLE, PA 17015-3187 DATE OF NOTICE: December 17, 2008 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-6834 CUMBERLAND COUNTY 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. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fmd out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 CHIQ A PETER ON Legal Assistant PHS # 191191 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-OC7 VS. BRIAN K. MITTEN Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-6834 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant BRIAN K. MITTEN is over 18 years of age and resides at 126 MEALS DRIVE, CARLISLE, PA 17015-3187. This statement 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 9-N 'tf •7 N (Rule of Civil Procedure No. 236) - Revised THE BANK OF NEW YORK AS CUMBERLAND COUNTY TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. COURT OF COMMON PLEAS ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 CIVIL DIVISION VS. . No. 08-6834 BRIAN K. MITTEN 126 MEALS DRIVE CARLISLE, PA 17015-3187 Notice is given that a Judgment in the above captioned matter has been entered against you on By: i og?? If you have any questions concerning this matter please contact: Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFOR CEMENT OFA LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, No. 08-6834 SERIES 2006-OC7 . Plaintiff, V. BRIAN K. MITTEN Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $257,306.25 Interest from 01/01/2009 - 06/10/2009 $6,903.68 and Costs (per diem -$42.88 ) TOTAL Note: Please attach description of property. $264,209.93 Q (:: --? z z DA G. SCH G, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff 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. 191191 W rd, W ? a pa ?,?? Ca It Q ? ?+ N H ttz7 U? ?'03a0 N U O U H 0 4 W w a p0 .-A M O d a U ? -d d i? ua ? a ell + L ?QQ Q w ? M o o lm a 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 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006- OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 Plaintiff, V. BRIAN K. MITTEN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6834 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 (X ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. n/l' ? ( 7?( - I G. SC IEG, ESQUIRE Attorney for Plaintiff rr ? ?x co c-n 7 ? w . :? THE BANK OF NEW YORK AS TRUSTEE FOR i THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 Plaintiff, V. BRIAN K. MITTEN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6834 AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7, 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 ,60 WEST VIEW. CARLISLE, PA 17013-8134. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRIAN K. MITTEN 126 MEALS DRIVE CARLISLE, PA 17015-3187 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: 0 Name MERS, INC. MERS AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC. DECISION ONE MORTGAGE COMPANY Last Known Address (if address cannot be reasonably ascertained, please indicate) 3300 SW 34th Avenue Suite 101 Ocala, FL 34474 P.O. Box 2026 Flint, MI 48501-2026 2230 CROSSBOUGH DRIVE TOLEDO, OH 43614 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare 60 WEST VIEW CARLISLE, PA 17013-8134 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 TPL Casualty Unit -Estate Recovery Program MERS AS A NOMINEE FOR SAXON MORTGAGE SERVICES, LLC. SAXON MORTGAGE SERVICES Willow Oak Building Harrisburg, PA 17105 3300 SW 34th Avenue Suite 101 Ocala, FL 34474 4708 MERCANTILE DRIVE FORT WORTH, TX 76137-3605 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.A. § 4904 relating to unswo ification to authorities. February 23, 2009 DATE ANIE G. SC IEG, ESQUIRE Attorney for Plaintiff ?- ? "Y 1 Cil CD THE BANK OF NEW YORK AS TRUSTEE FOR CUMBERLAND COUNTY THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, No. 08-6834 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 Plaintiff, V. BRIAN K. MITTEN Defendant(s). February 23, 2009 TO: BRIAN K. MITTEN 126 MEALS DRIVE CARLISLE, PA 17015-3187 "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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 60 WEST VIEW, CARLISLE, PA 17013-8134, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $257,306.25 obtained by THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT. INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES. SERIES 2006-OC7 (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 Sheriffs 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.) 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 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 CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717).249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN plat, tract, parcel or lot of land located in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of West View (a fifty foot right-of-way) said point being located North 00 degrees, 10 minutes, 19 seconds West, a distance of 482.09 feet from the terminus of a curve connecting said right-of-way line with the northern right-of-way line of Long View; thence from said point of BEGINNING, by said eastern right-of-way line North 00 degrees, 10 minutes 19 seconds West, a distance of 80 feet to a point; thence by Lot No. 50 North 89 degrees 49 minutes 41 seconds East, a distance of 190 feet to a point; thence by Lot No. 67 North 60 degrees 07 minutes 47 seconds East, a distance of 115.12 feet to a point; thence by Lot No. 65 and Lot No. 64 Phase 4 of North Ridge South 00 degrees 10 minutes 19 East, a distance of 137.03 feet to a point; thence by Lot No. 52 South 89 degrees 49 minutes 41 seconds West, a distance of 290 feet to a point on the eastern right-of-way line of West View, the place of BEGINNING. Vested by Special Warranty Deed, dated 6/2/2006, given by Jerry W Swartz and Deborah K. Swartz, husband and wife to Brian K. Mitten, married man and recorded 6/13/2006 in Book 275 Page 488 Instrument #2006-020671. PREMISES BEING: 60 WEST VIEW, CARLISLE, PA 17013-8134 PARCEL NO. 29-06-0019-095 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6834 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK AS TRUSTEE FOR THE CERIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 206-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 206-OC7 Plaintiff (s) From BRIAN K. MITTEN (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$257,306.25 L.L.$.5O Interest FROM 01/01/2009 - 06/10/2009 (PER DIEM- $42.88) - $6903.68 AND COSTS Atty's Comm % Atty Paid $94.50 Plaintiff Paid Date: February 25, 2009 (Seal) Due Prothy $2.00 Other Costs 0-110 A Ncwf C s R. Long, Pro ry By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006- OC7 DEFENDANT(S) BRIAN K. MITTEN SERVE BRIAN K. MITTEN AT: 126 MEALS DRIVE CARLISLE, PA 17015-3187 SERVED CUMBERLAND COUNTY No. 08-6834 ACCT. #191191 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 10, 2009 Served and made known to Egl" 9. AMEN 'Defendant, on the 3 RA day of N W KC t? , 200q, at ;D S o'clock P.m., at lit (e M EA L.5 Wye) 9 S L I^- Commonwealth of Pennsylvania, in the manner described below: t? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is_ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age jQ0 Height -5!(I D' )10 Race (P SexAA Other 1, RW+LD t' Vl 0 L (~- a competent , being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sher'f to the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed ?N NQ P'?NfG`N ?$ o1?5ITO *" before me this a3 r 91 day of M 206 SA Notary:., rm. ?? ?„-? ,? GOM By: Cg I??? PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200, at o'clock -.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Ist Attempt: / / Time: 2nd Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 200. Notary: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7004 FILED-Offi F ;alt.. . 7,7-- "ITIMY 2009 APP --7 A 10: 04 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 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County No. 08-6834 BRIAN K. MITTEN Defendant 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: Plaintiff commenced this foreclosure action by filing a Complaint on November 19, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A", 2. Judgment was entered on January 2, 2009 in the amount of $257,306.25. 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 June 10, 2009. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through June 10, 2009 Per Diem $58.35 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL 6. $243,420.16 $22,979.69 $231.87 $1,725.00 $571.50 $0.00 $152.50 $0.00 $0.00 $0.00 ($0.00) $2,629.00 $271,709.72 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 Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as 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 Defendant on April 20, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's 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. 107 Phelan Hallinan & Schmieg, LLP DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff 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 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 Plaintiff V. BRIAN K. MITTEN Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-6834 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE BRIAN K. MITTEN 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 60 WEST VIEW, CARLISLE, PA 17013-8134. 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, Defendant 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 Defendant 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 Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh 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 Defendant 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 Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 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 mortgagor has 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 Sheriff s 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 Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s 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 Defendant 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. VI. 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 an d Loan Association v. Street Road Shoppin Cg enter, 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: zo /y Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMILG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id.' No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., I& No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., I& No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 } 191191 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 7105 CORPORATE DRIVE PIANO, TX 75024 Plaintiff V. BRIAN K. MITTEN 126 MEALS DRIVE CARLISLE, PA 17015-3187 Defendant File #: 191191 . rs ra Q C eo o 9 nrl r , :33 .c '. Y' ? 0 . b Q Cam .. rv ATTORNEY FOR PLAINTIFF COURT OF COMMQN PLEAS CIVIL DIVISION TERM NO. OS - (6834 0wilTti°. 1K CUMBERLAND COUNTY We hereby-Cerft do within to be a true and correct copy of the original filed of record CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNEY FILE COPY PLEASE RETURN 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 YC)L? DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BE ,0 W . 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 (717) 249-3166 File #: 191191 1. Plaintiff is THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDER.S CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN K MITTEN 126 MEALS DRIVE CARLISLE, PA 17015-3187 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/07/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in "Mortgage Book No. 1954, Page 2458. The 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(8); 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 06/01/2008 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 #: 191191 6. The following amounts are due on the mortgage: Principal Balance $243,420.16 Interest $9,262.96 05/01/2008 through 11113/2008 Attorney's Fees $1,250.00 Cumulative We Charges $354.65 06/07/2006 to 11/13/2008 Cost of Suit and Title Search 750.00 Subtotal $255,037.77 Escrow Credit $0.00 Deficit $0.00 Subtotal $ -0-0 TOTAL $255,037.77 7. 8. 9. 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 1a,, % .; 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. The mortgage premises are vacant and abandoned. File #. 191191 WHEREFORE, PLAINTIFF demands an in rein Judgment against the Defendant(s) in the surd of $255,037.77, together with interest from 11/13/2008 at the rate of $47.26 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. By. PHELAN LAVMLINCE T. FRANCIS S. HALLINAX jQb1IRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIlVIE MCGUINNESS, ESQUIRE Attorneys for Plaintiff File t1: 191191 LEGAL DESCRIPTION ALL THAT CERTAi"lat, tract, parcel or lot of land located in North Middleton Township, Cumberland County, Permsytvania, bounded and described as follows, wit BEGINNING at a point on the eastern right-f-way tine of West View (a fifty loot right-of-way) said point being located North zero degrees, ten minutes, nineteen seconds West ( N 0010' 19' W), a distance of lour hundred eighty-two and nine hundredth feet (482.09') from the terminus of a curve connecting said right-of-way tine with the northern right-of-way lime of Long View,, thence from said point of BIng, by said eastern right-of-way line North zero degrees, ten mites, nineteen seconds West (N 0010' 19' W), a distance of eighty feet (80.00') to a poif ii: thence by Lot No. 50 North eighty-nine degrees, forty-nine minutes, forty-one seconds East (N 89 49' 41` E), a distance of one hundred ninety hundredth feet (190.001 to a point; thence by Lot No. 67 North sixty degrees, seven mtrwtes, forty- seven seconds East (N 60 07' 47' E), a distance of one hundred fifteen and twelve hundredth feet (115.12') to a paint; thence by Lot No. 65 and Lot No. 64 Phase 4 of North Ridge South zero degrees, ten minutes, nineteen seconds East (S 00 10' 19" E), a distance of one hundred forty-five and eighty hundredth feet (197.03') to a point; thence by Lot No. 52 South eighty-nine decrees, forty-nine minutes, forty-one seconds West (S 89 49' 41' Vii). a dist of two hundred ninety hundredth feet (290.00') to a point on the eastern right-of-way time of West View, the place of Beginning. Said tract contains 23,051.75 square feet or 0,598 adzes. BEING Lot No. 51 on the Final Subdivision Plan for North Ridge Phase 6, prepared by Hartman and Associates Engineers and Surveyors. BEING THE SAME PREMISES which Fred A Gettys, by his Deed dated March 17, 2005 and recorded May 10, 2005 in the Offrve of the Recorder of Deeds in and for Cumberland County, Pennsylvania In Deed Book 258, Page 4047, granted and conveyed unto Jerry W. Swartz one of the Grant= herein Deborah K. Swartz Joins in this deed to convey any interest she may have in the within described property as the spouse of Jerry W. Swartz. UNDER AND SUBJECT to Declaration of Building and Use Restri(t. 0m, recoW--.: May 30. 2002, In Misc. Book 687. Page 2846 and membership in the North Ridge ll Home Owners Association, a copy of the By-Law recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Misc. Book 694, Page 2013. Subject to stormwater drainage facilities as shown on the Fiirlal Subdivision Plan star North Ridge Phase 6. prepared by Hartman and Associates Engineers and Surveyors and recorded in the Recorder of Deeds Office in and for Cumberland County in Plan Book 89, Page 35 located outside the public street rights of way sh:j;t be owned and maintained by the owner of'fhe lot on which they are located, and such facilities shalt be pennanent umlessa revised stormwater management plan is approved by the North Middleton Township Board of Superv sors. Maintenance of such facilities shall include periodic mowing of vegetation and removal of debris, which restricts water flaw. Should drainage facilities be altered as provided for above, the change shall not require the consent of other tot owners In this Subdivision. PREMISES: 60 WEST VIEW TALC I.D. #: 29-06-0019-095 File #: 191191 VERIFICATIOl*T I hereby state that I am the 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 of the pleading, that I am authorized to make this verification pursuant to Pa.KC.P. 1424 (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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsifications to authorities. DATE-- I tq ?,, a SG{-/-KI e r'- LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements erected thereon situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 105 on the Resubdivision Plan of Section 12 of Noll Manor, as recorded in the Office of the Recorder of Deeds for Cumberland County, in-Plan Book 39, Page 30; containing 149.17 feet along the North along Lot No. 104, Section 12: containing 21.331 feet along the East along Noll Manor, Section 8; containing 149.41 feet along the South along Lot No. 106, Section 12, and containing 21.33 feet along the West along Douglas Drive as shown on said Plan. CONTAINING 3,184 square feet and being improved with a townhouse known as and numbered 1871 Douglas Drive, Carlisle, Pennsylvania 17013. BEING parcel B' of the premises which William M. Kronenberg, et. ux. and Norman L. Rynard et. ux. by deed dated November 30, 1987 and recorded February 8, 1988 in the Office of Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book E Volume 33 Page 462, granted and conveyed to William M. Kronenberg, Norman L. Rynard and Stephen D. Tiley, three of the Grantors herein. PARCEL NO: 29-16-1094-361 PROPERTY ADDRESS: 1871 DOUGLAS DRIVE File #: 189985 VERIFICATION I hereby state that I am the 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 of the pleading, that I am 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 the Plaintiff and are true and convect to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unswom falsifications to authorities. 6!701 Attorney for Plainti DATE: 10-03- 67' Exhibit "B" Phelan Hallinan & Schmieg, IL.P By. Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563- THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-OC7 VS. BRIAN K. MITTEN 126 MEALS DRIVE CARLISLE, PA 17015-3187 .? ?.. c _. ! nz ? C J z t Attorney for Plaintiff ?`•' C ?FO CUMBERLAND COUNT r7l COURT OF COMMON PLEAS : CIVIL DIVISION No. 08-6834 ATTORNEY RLSSOP \ pi EASE PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against BRIAN K. MITTEN, 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 Plaintiff's damages as follows: As set forth in Complaint $255,037.77 Interest -11/14/2008 to 12/31/2008 $2,269.48 TOTAL $257,306.25 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attac ?r1 Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /,6gAy A 1,16kw PHS # 191191 PRO PROTRY Exhibit `6C" r? b?0 O' a n oo rl M ? li O r p 6 ? b d a a C) .? O U A w Ov' w 0-4 ? a W o O 04 W U cad v o g 'n o, lu F a ¢ a c ? ? Uaf C a> WW a> aka Z ? N U n'y a C ? yh y V C a Z d 5 ?o Os v o y g?v o Q ? N 7 U C N ? E CU L61 3Q00 diZ WO&oglitlW ' O £C oLolLzg000 b 6002 a' dd V'll z 0 • 0 0Z o o o 4 G o .. ? ejNia ANON ' A- i . CY 00 aCi `??' 'o v too k ? w IT M OP M O a w a &OD a? U W F wl 3 O ?O w F Ri 0.1 O? x a u E w •O b ? ? O V d O ? y , y O W ?•p U A O UU ? N ? O ? O .. A n. •a vg ?,E > q 0 ooo• q o wo` w .. ?wss C 0 O O Vim] c o?? s a a ?d d n. a°w o ~ z? Fa '6,> 1-8 F d: 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 unsworn falsification to authorities. By: Phelan Hallinan & Schmieg, LLP DATE: _ ?! LO t ds ??i'm? Michele M. Bradford, Esquire Attorney for Plaintiff 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 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 Plaintiff V. BRIAN K. MITTEN Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-6834 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. BRIAN K. MITTEN 126 MEALS DRIVE CARLISLE, PA 17015-3187 DATE: BRIAN K. MITTEN 60 WEST VIEW CARLISLE, PA 17013-8134 Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff ir t d.J ri"v :. OF 2010 9 Ai,-i 2 rill lt?: .i eta . :? ,''.iNTY APR 3 0 20004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 Plaintiff V. BRIAN K. MITTEN Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-6834 RULE AND NOW, this day of M2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on_the dad of 20 at -'-Gn f?1 ' 11 WV 9- IN 6002 i'bv Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ?m ichele. bradfordgfedphe.com BRIAN K. MITTEN 126 MEALS DRIVE CARLISLE, PA 17015-3187 BRIAN K. MITTEN 60 WEST VIEW CARLISLE, PA 17013-8134 191191 OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK AS TRUSTEE FOR THE CUMBERLAND COUNTY CERTIFICATEHOLDERS CWALT, INC. COURT OF COMMON PLEAS ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 CIVIL DIVISION Plaintiff V. NO. 08-6834 BRIAN K. MITTEN Defendant(s) COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF BLAIR ) SS: AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I ( /? Esq. attorney for THE BANK OF NEW YORK AS TRUSTEE .?. l / FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 herby verify as follows: As required by Pa. R.C.P. 3129. 1 (a), Notice of Sale has been given to all known Lienholders and any known interested party 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. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". PHELAN HALLINAN & SCHMIEG, LLP By: 6?) ) Lawrence T. Phelan, Esq., Id. No. 32227 --Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Attorneys for Plaintiff Date: 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. 191191 ?bo r, y rz U r p 00 Q., A w N co j .- c>y z m zx z a ?C4 0 ° 0 n C5 -? Na -?bo ? oz oW ° btu o b? a?n o ??? °Z xba? YOrnO ?W?a Y ?O z 3 o o>C O v"?v' on d nv' J m • ov' o? p v'v' ' ? O z d Z Z ? CrJ a ?C O a p 7? Q ? •, X p a hy b1 o O O C/) j 0 C/> k tn C/) Ct7 C1? a a °o u En O X C4 00 Y CD NC -4 >n Q O ;o 93? : C) > ;c x z•? > z wAcn O x d] Z a p ? o rn p z Y ° ?Y o0 o to w w O -V tTl o no can ? z v > ? R ? R ?G7 a? [17 o w ? ? n? ? ?? ' ? ?-3 y r" z 4 z ra n G aco G) A x ° ?' 0 -? i7 c' c o N CA 6 CD d b O ? ?Ov ??? a ? t:lyy G O ('? lV !? (D ""I 0 tTl w ?',, ?C co C"O ?? ,n ? co n ? Qp w [S7 rTl d ? Hy -o N O ' o Cc7 o t o V) P y Cn ? 7y 0 } ( C ?} a 0 r" n P CD CD z Cr1 A M b ? o O ? ? CD CD cn a z zz r C D V CD < n z o Y In' $ o . ?n Ln ... ? 5. 0 r r O .. C ?O J W q? C) h ° O A0 "T1 O o rr n e 00 N a wgmg? p O O CD O b O 0 M D (D K yOo C O CD ? g? n Q1 W , ? N ? O N o' ? ` ° Q' C7 N y R C C ng ?0 cr O \?" Poet w n C G 0 Q '' meld 0 A ZI --PV- 'MMMOW PITNEY W MES 0 ?••a? 02 lm $ 04.460 °n a 0004218010 FEB24 2009 o° x g 3 MAILED FROM ZIP CODE 19 103 ? s . a 2 - ,two 3 ? ?. A 9 ?.s 0 m H n'oo °a ° ; o ?a? A -a c? a 7r ° > o cr?Z crt cn ? c R C? c : rz r cn ?o O l? ?J ? F?E;=ri OF THE PR,''-"'MOTARY 2009 MAY -8 A i 1: 6 5 -1 1 HE% 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 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 Plaintiff V. BRIAN K. MITTEN Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-6834 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 5, 2009 Rule was sent to the following individual on the date indicated below. BRIAN K. MITTEN BRIAN K. MITTEN 126 MEALS DRIVE 60 WEST VIEW CARLISLE, PA 17015-3187 CARLISLE, PA 17013-8134 DATE: S if A?? iHallinan & chmi g, P By: 1-14V-V) MWheYe Bradod, Esquire Attorney for Plaintiff T ,. ton ?f '# Nil I"'* PHELAN LINAN & SCHMIEG, LLP by: Michele . Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. ennedy Boulevard Philadelphia, A 19103-1814 THE BANK DF NEW YORK AS TRUSTEE FOR THE CERTI ICATEHOLDERS CWALT, INC. ALTERNAT IVE LOAN TRUST 2006-OC7, MORTGAG PASS-THROUGH CERTIFICATES, SERIES 200 -OC7 Plaintiff V. I BRIAN K. Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-6834 MOTION TO MAKE RULE ABSOLUTE THE ALTERNA? 2006-OC7,1 Court to mal follows: 1. ANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. IE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as That it is the Plaintiff in this action. 2. ? A Motion to Reassess Damages was filed with the Court on April 29, 2009. 3. A Rule was entered by the Court on or about May 5, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rile is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 13, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 25, 200 . WHE R.EFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolu a and grant Plaintiff s Motion to Reassess Damages. allinan & Sc ' g, LLP DATE: U By: Michele Bradford*Euijr?N Attorney for Plaintiff PHELAN LINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, A 19103-1814 THE BANK F NEW YORK AS TRUSTEE FOR THE CERTI ICATEHOLDERS CWALT, INC. ALTERNA VE LOAN TRUST 2006-OC7, MORTGAG PASS-THROUGH CERTIFICATES, SERIES 200 -OC7 Plaintiff V. BRIAN K. Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-6834 A M?tion to Reassess Damages was filed with the Court on April 29, 2009. A Rule was entered by the Court on or about May 5, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on May 13, 2009 in accordance with the applicable rules of civil procedure. Defendant f 'led to respond or otherwise plead by the Rule Returnable date of May 25, 2009. WHEIEFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absoluie and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Sc ieg, LLP DATE: By: Mi hel . B ord, Esquire Attorney for Plaintiff Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE BAN THE CEW ALTERN,? MORTGA SERIES 2( V. BRIAN K. C OF NEW YORK AS TRUSTEE FOR 'IFICATEHOLDERS CWALT, INC. TIVE LOAN TRUST 2006-OC7, JE PASS-THROUGH CERTIFICATES, Plaintiff MITTEN Court of Common Pleas Civil Division CUMBERLAND County No. 08-6834 Defendant ANDI to show Damages. Rule R RULE this J4'k- day of 2009, a Rule is entered upon the Defendant why an Order should not be entered granting Plaintiffs Motion to Reassess w4ox> ao tai- C W*E 4t' `AJ x 100? . 7tm at ;n +U- AA.- BY THE COURT I /) /.. ) J. irk MW OW 4 W cm us. • a Michele M. radford, Esquire Phelan Hall' an & Schmieg, LLP 1617 JFK B levard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 63-7000 FAX: (215) 563-3459 BRIAN K. MITTEN 126 MEALS DRIVE CARLISLE. PA 17015-3187 BRIAN K. MITTEN 60 WEST.VIEW CARLISLE, PA 17013-8134 191191 Exhibit "B" PHELAN IL by: Michele Atty. I.D. No One Penn Cc 1617 John F. LLINAN & SCHMIEG, LLP vI. Bradford, Esquire 69849 ater, Suite 1400 Kennedy Boulevard PA 19103-1814 C ° Z9 0 -- ? r;1?r, ' 'n ATTORNEY FOR P LAr -IF F- ( , nrn E THE BAN OF NEW YORK AS TRUSTEE FOR THE CERT FICATEHOLDERS CWALT, INC. ALTERNA IVE LOAN TRUST 2006-OC7, MORTGA E PASS-THROUGH CERTIFICATES, SERIES 20 6-OC7 Plaintiff V. BRIAN K. Defendant . ^'Gk ,urt of Common Pleas vision ND County No. 08-6834 CERTIFICATION OF SERVICE the BRIAN K. 126 MEAI DATE: by certify that a true and correct copy of the Court's May 5, 2009 Rule was sent to individual on the date indicated below. [ITTEN 4),;? BRIAN K. MITTEN DRIVE WEST VIEW PA 17015-3187 ?6(0 as? kFLISLE, PA 17013-8134 ?f n Phel Hallinan & chmi P By: M e . Brad d, Esquire Attorney or Plaintiff VERIFICATION 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 Make Rule Absolute are true and correct to the best of her knowledge, information d belief. The undersigned understands that this statement herein is made subject to the sworn nalties of 18 Pa.C.S. 4904 relating to the unsworn falsification of authorities. helan Hallin & S ieg, LLP C I J 7 DATE: By: V1 11 Vt 1) - Pie? h M. Bradford, Esq ' j Attorney for Plaintiff PHELAN HA[LLINAN & SCHMIEG, LLP by: Michele . Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. ennedy Boulevard, Suite 1400 Philadelphia, A 19103-1814 THE BANK F NEW YORK AS TRUSTEE FOR Court of Common Pleas THE CERTI ICATEHOLDERS CWALT, INC. ALTERNA VE LOAN TRUST 2006-OC7, Civil Division MORTGAG PASS-THROUGH CERTIFICATES, SERIES 200 -OC7 CUMBERLAND County Plaintiff No. 08-6834 V. i BRIAN K. ITTEN Defendant CERTIFICATION OF SERVICE I her by certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in upport thereof were served upon the following individuals on the date indicated below. BRIAN K. ITTEN 126 MEAL DRIVE CARLISLE PA 17015-3187 DATE: BRIAN K. MITTEN 60 WEST VIEW CARLISLE, PA 17013-8134 Phelan Hallinan & S ieg, LLP P ["I it, A je By: M 1 M. B ord, Esq re Attorney for Plaintiff n//r^, i) 1.$,t r JUN 0 2 2009 (Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK AS TRUSTEE FOR Court of Common Pleas THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, Civil Division MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 CUMBERLAND County V. BRIAN K. MITTEN Plaintiff No. 08-6834 Defendant ORDER AND NOW, this 2, 1 day of J Arl e , 2009, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $243,420.16 Interest Through June 10, 2009 $22,979.69 Per Diem $58.35 Late Charges $231.87 Legal fees $1,725.00 Cost of Suit and Title $571.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $152.50 Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $0.00 $0.00 ($0.00) $2,629.00 $271,709.72 Plus interest from June 10, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT 4' J. 191191 r ?J Cl) M COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which CWALT INC TRUST TR is the grantee the same having been sold to said grantee on the 5TH day of AUG A.D., 2009, under and by virtue of a writ Execution issued on the 25TH day of FEB, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 6834, at the suit of CWALT INC TRUST TR against BRIAN K MITTEN is duly recorded as Instrument Number 200928959. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. Recorder of Deeds 4s, Cumbara W County, CM*. PA Evk a to Fk* Monday of Jan. 2010 In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-6834 Civil Term The Bank of New York as Trustee for the Certificateholders CWALT-Inc., Alternative Loan Trust 2006-OC7, Mortgage Pass-Through Certificates, Series 2006-OC7 Vs Brian K. Mitten William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 10, 2009 at 2040 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Pamela J. Eshleman by making known unto Brian K. Mitten, personally, at, 126 Meals Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 14, 2009 at 0930 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 Brian K. Mitten, located at, 60 West View, Carlisle, Cumberland County Pennsylvania, according to law 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: Brian K. Mitten, by regular mail to his last known address of 126 Meals Drive, Carlisle, PA 17013. This letter was mailed under the date of April 2, 2009 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 August 5, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of, The Bank of New York as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2006-OC7, Mortgage Pass-Through Certificates, Series 2006-OC7 of, 7105 Corporate Drive, Plano, TX, 75024, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 944.14. Docketing 30.00 Poundage 18.51 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 9.00 Levy 15.00 Surcharge 20.00 Post Pone Sale 20.00 Law Journal 355.00 Patriot News 296.20 Share of bills 15.43 Distribution of proceeds 25.00 Sheriff s deed 49.50 14 944. So Answer R. Thomas Kline, Sheriff By &UWh=9VUj=A Real Estate Coordinator n. ?. J V -7133/13,7Y ?a i,`` THE ZANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 Plaintiff, V. BRIAN K. MITTEN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6834 AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7, 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 ,60 WEST VIEW, CARLISLE, PA 17013-8134. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRIAN K. MITTEN 126 MEALS DRIVE CARLISLE, PA 17015-3187 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name MERS, INC. MERS AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC. DECISION ONE MORTGAGE COMPANY Last Known Address (if address cannot be reasonably ascertained, please indicate) 3300 SW 34th Avenue Suite 101 Ocala, FL 34474 P.O. Box 2026 Flint, MI 48501-2026 2230 CROSSBOUGH DRIVE TOLEDO, OH 43614 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 60 WEST VIEW CARLISLE, PA 17013-8134 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Estate Recovery Program MERS AS A NOMINEE FOR SAXON MORTGAGE SERVICES, LLC. SAXON MORTGAGE SERVICES Willow Oak Building Harrisburg, PA 17105 3300 SW 34th Avenue Suite 101 Ocala, FL 34474 4708 MERCANTILE DRIVE FORT WORTH, TX 76137-3605 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.A. § 4904 relating to unswo ification to authorities. February 23, 2009 DATE ANIE G. SC IIEG, ESQUIRE Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE FOR CUMBERLAND COUNTY THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC7, No. 08-6834 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC7 Plaintiff, V. BRIAN K. MITTEN Defendant(s). February 23, 2009 TO: BRIAN K. MITTEN 126 MEALS DRIVE CARLISLE, PA 17015-3187 * *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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 60 WEST VIEW, CARLISLE, PA 17013-8134, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $257,306.25 obtained by THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT. INC. ALTERNATIVE LOAN TRUST_2006-OC7, MORTGAGE PASS-THROUGH CERTIFICATES. SERIES 2006-OC7 (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 Sheriffs 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.) 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 CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)2149-31616 (ROO) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN plat, tract, parcel or lot of land located in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of West View (a fifty foot right-of-way) said point being located North 00 degrees, 10 minutes, 19 seconds West, a distance of 482.09 feet from the terminus of a curve connecting said right-of-way line with the northern right-of-way line of Long View; thence from said point of BEGINNING, by said eastern right-of-way line North 00 degrees, 10 minutes 19 seconds West, a distance of 80 feet to a point; thence by Lot No. 50 North 89 degrees 49 minutes 41 seconds East, a distance of 190 feet to a point; thence by Lot No. 67 North 60 degrees 07 minutes 47 seconds East, a distance of 115.12 feet to a point; thence by Lot No. 65 and Lot No. 64 Phase 4 of North Ridge South 00 degrees 10 minutes 19 East, a distance of 137.03 feet to a point; thence by Lot No. 52 South 89 degrees 49 minutes 41 seconds West, a distance of 290 feet to a point on the eastern right-of-way line of West View, the place of BEGINNING. Vested by Special Warranty Deed, dated 6/2/2006, given by Jerry W Swartz and Deborah K. Swartz, husband and wife to Brian K. Mitten, married man and recorded 6/13/2006 in Book 275 Page 488 Instrument #2006-020671. PREMISES BEING: 60 WEST VIEW, CARLISLE, PA 17013-8134 PARCEL NO. 29-06-0019-095 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6834 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK AS TRUSTEE FOR THE CERIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 206-OC7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 206-OC7 Plaintiff (s) From BRIAN K. MITTEN (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$257,306.25 L.L.$.5O Interest FROM 01/01/2009 - 06/10/2009 (PER DIEM- $42.88) - $6903.68 AND COSTS Atty's Comm % Atty Paid $94.50 Due Prothy $2.00 Other Costs Plaintiff Paid Date: February 25, 2009 (Seal) C s R. Lon thono By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Deputy 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 Real Estate Sale # 70 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 60 West View, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 By: ?"y J IR PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : 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: May 1, May 8, and May 15, 2009 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. Marie Coyne, Edi SWORN TO AND SUBSCRIBED before me this 15 day of May. 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 N'AL >MM M 90. 70 Writ No. 2008-6834 Civil The Bank of New York as Trustee for the Certificateholders CWALT- Inc. Alternative Loan Trust 2006- OC7, Mortgage Pass-Through Certificates, Series 2006-OC7 VS. Brian K. Mitten Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN plat, tract, parcel or lot of land located in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of West View (a fifty foot right-of-way) said point being located North 00 degrees, 10 minutes, 19 seconds West, a distance of 482.09 feet from the terminus of a curve connecting said right-of-way line with the northern right-of-way line of Long View; thence from said point of BEGINNING, by said eastern right-of-way line North 00 degrees, 10 minutes 19 seconds West, a distance of 80 feet to a point; thence by Lot No. 50 North 89 degrees 49 minutes 41 seconds East, a distance of 190 feet to a point; thence by Lot No. 67 North 60 degrees 07 minutes 47 seconds East, a distance of 115.12 feet to a point; thence by Lot No. 65 and Lot No. 64 Phase 4 of North Ridge South 00 degrees 10 minutes 19 East, a dis- tance of 137.03 feet to a point; thence by Lot No. 52 South 89 degrees 49 minutes 41 seconds West, a distance of 290 feet to a point on the eastern right-of-way line of West View, the place of BEGINNING. Vested by Special Warranty Deed, dated 6/2/2006, given by Jerry W Swartz and Deborah K. Swartz, husband and wife to Brian K. Mitten, married mesa and recorded 6/13/2006 in Book 275 Page 488 Instrument #2006-020671. PREMISES BEING: 60 WEST VIEW, CARLISLE, PA 17013-8134. PARCEL NO. 29-06-0019-095. 'T'he Patriot-News Co. 812, Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c?he ?lahiotwNew s Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 ..... .. ........ Sworn to a sub cribed before me this 12 cl?y of May, 2009 A.D. r Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public Cly Of Harrisburg, Dauphin County My Conxnission E)q*w Nov. 26, 2011 Member, Pennsylvania Assoclatlon of Notaries Real Estate 34" N0.70 Writ No. 2006404 Civil Tom The Bank of Now York as Trustee for the Certlficateholders CW AL T -Inc, Alternative Loan Trust 2006.OC7, Mortgage Pass- Through Certificates, Series 2006-OC7 VS Brian K. Mitten Attorney Daniel Schmleg LEGAL DESCRIPTION ALL THAT CERTAIN plat, tract, parcel or lot of land located in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of- way line of West View (a fifty foot right-of-way) said point being located North 00 degrees, 10 minutes, 19 seconds West, a distance of 482.09 feet from the terminus of a curve connecting said right-of-way line with the northern right-of- way line of Long View; thence from said point of BEGINNING, by said eastern right-of-way line North 00 degrees, 10 minutes 19 seconds West, a distance of 80 feet to a point; thence by Lot No. 50 North 89 degrees 49 minutes 41 seconds East, a distance of 190 feet to a point; thence by Lot No. 67 North 60 degrees 07 minutes 47seconds East, a distance of 115.12 feet to a point; thence by Lot No. 65 and Lot No. 64 Phase 4 of North Ridge South 00 degrees 10 minutes 19 East, a distance of 137.03 feet to a point; thence by Lot No. 52 South 89 degrees 49 minutes 41 seconds West, a distance of 290 feet to a point on the eastern right-of-way fine of West View, the place of BEGINNING. Vested by Special Warranty Deed, dated 6121 2006, given by Jerry W Swartz and Deborah K. Swartz, husband and wife to Brian K, Mitten, married man and recorded 6/13/2006 in Book 275 Page 488 Instrument #2006-020671. PREMISES BEING: 60 WEST VIEW, CARLISLE, PA 17013-8134 PARCEL NO. 29-06-0019-095