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HomeMy WebLinkAbout02-0231IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALTEGRA CREDIT COMPANY, Plaintiff, CIVIL DIVISION NO. Oa ? c;23 (3 L) COMPLAINT IN MORTGAGE FORECLOSURE vs. RAEANN M. WITTLE and WILLIAM E. WITTLE, wife and husband, Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 150 Allegheny Center Mall, Pittsburgh, PA15212. 2. The Defendant(s) is/are individuals with a last known mailing address of 14 North Enola Drive, Enola, PA 17025. The property address is 14 North Enola Drive, Enola, PA 17025 and is the subject of this action. 3. On the 7th day of April, 1997, in consideration of a loan of Fifty-Five Thousand, One Hundred Twenty-Five and 00/100 ($55,125.00) Dollars made by Altegra Credit Company, a PA corporation, to Defendant(s), the said Defendant(s) executed and delivered to Altegra Credit Company, a PA corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Altegra Credit Company, as mortgagee, which mortgage was recorded on the 10th day of April, 1997, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1374, page 449. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: (See Exhibit "A" attached hereto). 5. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since July 11, 2001, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 7. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 8. The amount due on said mortgage is itemized on the attached schedule. 9. Plaintiff does hereby release the personal representative, heir and/or devisee of the mortgagor(s) from liability for the debt secured by the mortgage. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of Sixty-Seven Thousand, Two Hundred Sixty-Six and 63/100 Dollars ($67,266.63) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY Louis P. Vitti, Esquire Attorney for Plaintiff WITTLE, WILLIAM E. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 55,098.52 Interest @ 14.5400% from 06/11/01 through 01/31/2002 5,136.03 (Plus $21.9488 per day after 01/31/2002 ) Late charges through 01/14/2002 0 months (& 35.36 Accumulated beforehand 1,175.18 (Plus $35.36 on the 17th day of each month after 01/14/2002 ) Attorney's fee 2,754.93 Escrow deficit 3.101.97 (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) BALANCE DUE 679266.63 EXHIBIT "App y ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSIO OF EAST PENNSBORO, COUNTY OF CUMBERLAND AND COMMONWEALTH OF pENNSYLVANI.A BOUNDED AND DESCRIBED AS FOLLOWS,. TO WIT; , MORE PARTICULARLY BEGINNING AT R.R. SPIKE IN THE EASTERN LINE OF NORTH ENOLA DRIVE ONE HUNDRED SIXTY-FIVE (165.0) FEET NORTH OF THE NORTHEAST CORNER OF THE INTERSECTION OF CUMBERLAND ROAD WITH NORTH ENOLA DRIVE, THENCE NORTH 10 DEGREES 20 NMgLr ES WEST, TWENTY-FIVE (250) FEET TO A POINT AT OR OPPOSITE THE CENTER OF THE PARTITION WALL DIVIDING PROPERTIES KNOWN AS NO. 14 AND NO. 16 NORTH ENOLA DRIVE; THENCE NORTH 79 DEGREES 40 MNtnES EAST THROUGH THE CENTER OF THE PARTITION WALL DTVIDTNG PROPERTIES KNOWN AS NO. 14 AND NO. 16 NORTH ENOLA DRIVE AND BEYOND ONE HUNDRED FIFTEEN (115.0) FEET TO A POINT; 'T'HENCE SOUTH 10 DEGREES 20 MINUTES EAST, TWENTY-FIVE (25.0) FEET TO AN IRON PIN;. THENCE SOUTH 79 DEGREES 40 IvUNUrEs WEST, ONE HUNDRED FIFTEEN (115) FEET TO THE PLACE OF BEGINNING. WI'I'IT.E oe Of < ,;mod ii ?n and l BA mY t P EXNIBR //?--_1T r Pood374 racy: 455 AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Louis P. Vitti Dated: January 14, 2002 CD Cr, F SHERIFF'S RETURN - REGULAR r CASE NO: 2002-00231 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALTEGRA CREDIT COMPANY VS WITTLE RAEANN M ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WITTLE RAEANN M the DEFENDANT at 1948:00 HOURS, on the 23rd day of January 2002 at 14 NORTH ENOLA DRIVE ENOLA, PA 17025 by handing to WILLIAM WITTLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this .30 day of ??,cjp.2J A.D. T Prothonotary So Answers: R. Thomas Kline 01/24/2002 LOUIS VITTI By : l? Depu Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-00231 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALTEGRA CREDIT COMPANY VS WITTLE RAEANN M ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WITTLE WILLIAM E the DEFENDANT , at 1948:00 HOURS, on the 23rd day of January , 2002 at 14 NORTH ENOLA DRIVE ENOLA, PA 17025 by handing to WILLIAM WITTLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and subscribed to before me this 30 day of a/v-2-) A.D. othono/ tK avy So Answers: R: Thomas Kiine 01/24/2002 LOUIS VITTI By: Deputy ShIff i f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALTEGRA CREDIT COMPANY, CIVIL DIVISION NO. 02-231 CIVIL TERM Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF VS. MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, Code MORTGAGE FORECLOSURE Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, VS. Plaintiff, NO. 02-231 CIVIL TERM RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, Defendants, PRA ip . FOR D .FA .T Ti D MENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $67,837.30, in favor of the Altegra Credit Company, Plaintiff in the above-captioned action, against the Defendants, Raeann M. Wittle and William E. Wittle, husband and wife and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $55,098.52 Interest from 6/11/01-2/26/02 5,706.70 (Plus $21.9488 per day after 2/26/02) Late charges (Plus $35.36 per month from 1/14/02-6/5/02-$176.80) 1,175.18 Attorney's fee 2,754.93 Escrow Deficit 39101.97 (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) Total Amount Due x,837.30 The real estate, which is the subject matter of the Complaint, is situate in the Twp. of E. Pennsboro, Cumberland Cty., Cmwlth of PA. HET the Southern one-half of a 2 & 1/2 story frame dwg. house k/a 14 N. Enola Dr., Enola, PA 17025. Parcel I.D. #09-14-0832-333. DBV 36T, pg. 1187. ,. Lo ' P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Plaintiff, vs. RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, Defendants, NO. 02-231 CIVIL TERM IMPORTANT NOTICE TO: Raeann M. Wittle William E. Wittle 14 North Enola Drive Enola, PA 17025 Date of Notice: February 13, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LOUIS ITTI & Iow, BY: Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, VS. Plaintiff, RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, Defendants, NO. 02-231 CIVIL TERM I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on February 13, 2002, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. BY: Lo s P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 26th day of February, 2002. a- 1) 1 ? / a0 ? n Notary Public NOTARIAL SEAL Ann M. Gonzales, Notary Public City of Pittsburgh, County of Allegheny My Commission Expires Aug. 17, 2004 AFFIDAVIT OF NON-MILITARY STATUS TO THE BEST OF MY KNOWLEDGE AND BELIEF RAEANN M. WITTLE AND WILLIAM E. WITTLE IS NOT NOW, NOR HAS BEEN IN THE LAST 90 DAYS, A PERSON IN THE MILITARY SERVICE OF THE UNITED STATES AS THAT TERM DEFINED IN THE SOLDIERS AND SAILORS CIVIL RELIEF ACT OF 1940. ALSO, TO THE BEST OF MY KNOWLEDGE AND BELIEF THE AFORE SAID PERSON(S) OWN THE REAL ESTATE AT 14 N. ENOLA DRIVE, ENOLA, PA 17025 MORTGAGE LOAN 4000027415 HELD OR SERVICED BY ALTEGRA CREDIT COMPANY. ALTEG CREDIT COMP NY AREN L. FINNEGAN FORECLOSURESPECI ST STATE OF PENNSYLVANIA, CITY/ COUNTY OF ALLEGHENY I c L?nJt- o? 1EBY A NOTARY PUBLIC IN AND FOR THE FORESAID DO CERTIFY THAT KAREN L. FINNEGAN OF THE FORECLOSURE DEPARTMENT OF ALTEGRA CREDIT COMPANY, WHOSE NAME AS SUCH SIGNED TO THE FOREGOING INSTRUMENT HAS ACKNOWLEDGED THE SAME BEFORE ME. GIVEN UNDER MY HAND THIS DAY, F?ERUARY 11, Y PUBLIC al , Notary Public =Frollini-Conwye ny County EXPIRES: s Jan. 17, 2005 MY COMMISSION C) Q c- n'prf r?tt L ? J 7 it ?21.1 3/i'lo 01- - I L?- ,4 ? PS(Z- PkC-%0E-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALTEGRA CREDIT COMPANY, CIVIL DIVISION NO. 02-231 CIVIL TERM Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF VS. LAST KNOWN ADDRESS Code MORTGAGE FORECLOSURE RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, Filed on behalf of Plaintiff Defendants. Counsel of record for this party. Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT g COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _ _ CIVIL DIVISION PRAECIPE FOR WRIT OF ECECUTION Caption: ALTEGRA CREDIT COMPANY, VS. RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, TO THE PROTHONOTARY OF THE SAID COURT: . ( ) Confessed Judgment ( ) Other : File No. 02-231 CIVIL TERM : Amount Due $679837.30 Interest 2;172'93 Atty's Comm . Costs The undersigned hereby certifies that the below does not arise out of a retail installnent sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above ratter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) PLEASE SEE ATTACHED PROPERTY DESCRIPTION. PRAECIPE FOR ATTA(H?= EXB=ON Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a Lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: February 26, 2002 Signature: Pint Name: Louis P. Vitti, Esquire address: 916 Fifth Avenue Pittsburgh. PA 15219 ;ctornev for: Plaintiff (I.D. # 01072) ?e1ec?.cr.e: (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Plaintiff, VS. RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, Defendants, NO. 02-231 CIVIL TERM I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the Defendants' last known address is 14 North Enola Drive, Enola, PA 17025. SWORN TO and subscribed before me this 26th day of February, 2002. 611J-1 - Notary Public NOTARIAL SEAL Ann M. Gonzales, Notary Public City of Pittsburgh, County of Allegheny My Commission Expires Aug. 17, 2004 Lo 's P. Vitti, Esquire 4 - , : .v 7 v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Plaintiff, vs. NO. 02-231 CIVIL TERM RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, Defendants LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at R.R. spike in the Eastern line of North Enola Drive one hundred sixty-Five (165.0) feet North of the Northeast comer of the Intersection of Cumberland Road with North Enola Drive, thence North l0 degrees 20 minutes West, twenty-five (25.0) feet to a point at or opposite the center of the partition wall dividing properties known as No. 14 and No. 16 North Enola Drive: thence North 79 degrees 40 minutes East through the center of the partition wall dividing properties known as No. 14 and No. to North Enola Drive and beyond one hundred Fifteen ( 115.0) feet to a point, thence South 10 degrees 20 minutes East, twenty-Five (25.0) feet to an iron pin: thence South 79 degrees 40 minutes West, one hundred fifteen ( 115) feet to the place of BEGINNING. HAVING ERECTED TI4EREON the Southern one-half ofa two and one-half story frame dwelling house known as No. 14 North Enola Drive, Enola, PA 17025. BEING known as Parcel I.D. #09-14-0832-333. AS SURVEYED BY D.P. Raffensperger Associates. Camp Hill, Pennsylvania, January 6, 1977, Drawim: No. 331- 139. BEING the same premises which Louis G. Hoffman and Beatrice G. Hoffman, his wife, by Deed dated Januarv 11, 1977 and recorded in the Cumberland County Recorder's Office in Deed Book "Z", Volume 26, Paue 33, granted and conveyed unto Mitchell R. Davis. TOGETHER with all and singular the improvements, ways, streets, alleys, driveways, passages, waters, water- courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof, and all the estates, right, title, interest, property, claim and demand whatsoever of the said Grantor, both in law and in equity, of, in, and to the premises herein described and to every part and parcel hereof with the appurtenances. BEING the same premises which Mitchell R. Davis by Deed dated 1/27/1994 and recorded on 2/1/1994 in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania in Deed Book Volume 36T, page 1137 granted and conveyed unto Raeann M. Wittle and William E. Wittle, her husband. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, ) Plaintiff, ) VS. ) RAEANN M. WITTLE and WILLIAM E. ) WITTLE, husband and wife, ) NO. 02-231 CIVIL TERM Defendants, I, Louis P. Vitti, hereby certify that as representative of Altegra Credit Company am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. SWORN to and subscribed before me this 26th day of February, 2002. r1 Notary Public Louis P. Vitti, Esquire Attorney for Plaintiff NOTARIAL SEAL Ann M. Gonzales, Notary Public City of Pittsburgh, County of Allegheny My Commission Expires Aug. 17, 2004 ? C"r {") 1"J -r; ..? Cu -??, ., nz m ? J: i ?,3 ? . _> L ?- j ?? ?.? rr ? '? r_ 1 _ n. C ? rxa ? ? ?-- y L =' , ?' `' .J _ ` -? c:. < A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Plaintiff, VS. NO. 02-231 CIVIL TERM RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, Defendants, Altegra Credit Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 14 North Enola Drive, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Raeann M. Wittle 14 North Enola Drive William E. Wittle Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) Unifund CCR Partners 11802 Conrey Road Cincinnati, OH 45249 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) r Altegra Credit Company 115 Allegheny Center Mall, IDC 24-050 Pittsburgh, PA 15212-5356 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Twp. of East Pennsboro (School) American Water Trash & Sewer of Twp. of East Pennsboro Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Court of Common Pleas of Cumberland County Domestic Relations Division Attn: Alicia Stine 98 S. Enola Drive Room 101 Enola, PA 17025-0769 P.O. Box 371412 Pittsburgh, PA 15250-7412 98 S. Enola Drive Enola, PA 17025 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough Tenant/Occupant 14 North Enola Drive Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. s February 26, 2002 Date Louis P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 26th day of February, 2002. n n Notary Public NOTARIAL SEAL Ann M. Gonzales, Notary Public City of Pittsburgh, County of Allegheny My Commission Expires Aug. 17, 2004 I mss., '-' NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Raeann M. Wittle William E. Wittle 14 North Enola Drive Enola, PA 17025 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 5, 2002 at 10:00 A.M., the following described real estate, of which Raeann M. Wittle and William E. Wittle, husband and wife are owners or reputed owners: Situate in the Twp. of E. Pennsboro, Cumberland Cty., Cmwlth of PA. HET the Southern one-half of a 2 & 1/2 story frame dwg. house k/a 14 N. Enola Dr., Enola, PA 17025. Parcel I.D. #09-14-0832-333. DBV 36T, pg. 1187. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Altegra Credit Company vs. Raeann M. Wittle and William E. Wittle, husband and wife at No. 02-231 CIVIL TERM in the amount of $67,837.30. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 "THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE." I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Plaintiff, vs. NO. 02-231 CIVIL TERM RAEANN M. WITTLE and WILLIAM E WITTLE, husband and wife, Defendants, LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at R.R. spike in the Eastern line of North Enola Drive one hundred sixty-rive (165.0) feet North of the Northeast corner of the Intersection of Cumberland Road with North Enola Drive, thence North 10 degrees 20 minutes West, twenty-rive (25.0) feet to a point at or opposite the center of the partition wall dividing properties known as No. 14 and No. 16 North Enola Drive, thence North 79 degrees 40 minutes East through the center of the partition wall dividing properties known as No. 14 and No. 16 North Enola Drive and beyond one hundred fifteen (115.0) feet to a point. thence South 10 degrees 20 minutes East, twenty-five (25.0) feet to an iron pin, thence South 79 degrees 40 minutes West, one hundred fifteen ( I IS) feet to the place of BEGINNING. HAVING ERECTED THEREON the Southern one-half of a two and one-half story frame dwelling house known as No. 14 North Enola Drive, Enola, PA 17025. BEING known as Parcel I.D. #09-14-0832-333. AS SURVEYED BY D.P. Raffensperger Associates, Camp Hill, Pennsylvania, January 6, 1977, Drawing No. 331- 139. BEING the same premises which Louis G. Hoffman and Beatrice G. Hoffman, his wife, by Deed dated January 11, 1977 and recorded in the Cumberland County Recorder's Office in Deed Book "Z", Volume 26, Page 83, granted and conveyed unto Mitchell R. Davis. TOGETHER with all and singular the improvements, ways, streets, alleys, driveways, passages, waters, water- courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof, and all the estates, right, title, interest, property, claim and demand whatsoever of the said Grantor, both in law and in equity, of, in, and to the premises herein described and to every part and parcel hereof with the appurtenances. BEING the same premises which Mitchell R. Davis by Deed dated 1/27/1994 and recorded on 2/l/1994 in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania in Deed Book Volume 36T, page 1187 granted and conveyed unto Raeann M. Wittle and William E. Wittle, her husband. t " © o 7 K? I ^ 1 -tv n-. 7 T _t ?> -. (, -C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALTEGRA CREDIT COMPANY, CIVIL DIVISION NO. 02-231 CIVIL TERM, Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. RAEANN M. WITTLE and WILLIAM H. WITTLE, husband and wife, Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 -1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, NO. 02-231 CIVIL TERM Plaintiff, : vs. ; RAEANN M. WITTLE and WILLIAM E. WITTLE, : husband and wife, Defendants. PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: situate in: Amount Due $67,837.30 Interest 02/27/02-03/07/07 20451.55 Total 95 037.47 The real estate, which is the subject matter of the Praecipe for Writ of Execution is East Pennsboro Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 14 North Enola Drive, Enola, PA 17025. Parcel No. 09-14-0832-333. (az??v Louis P. Vitti, Esquire Attorney for Plaintiff 1 " CD ,.rte C_.. r co 7 f ti IN Ti-IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF F.<ECUTION Caption: Altegra Credit Company, vs. ( ) Confessed Judgment : ( ) Other File No. 02-231 Civil Term Amount Due $67,837.30 Raeann M. Wittle and William E. Wittle, Interest 20,451.55 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate or?.ginal proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and co'sts.upon the following described property of the defendant(s) Please see attached legal description PRAECIPE FOR AZTAC f?EDM EXEC=0N Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: September 27, 2006 Signature: Print Name: Louis P. Vitti, Esq. .dress: 916 Fifth Avenue Pittsburgh, PA 15219 ev for: Plaintiff A torn Tele hone: (412) 281-1725 O 1 4m, V) w r`'-?, to c, • w w w y C`°' ' f s. w IR, X :J 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Plaintiff, VS. RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, NO. 02-231 CIVIL TERM Defendants. LEGAL DESCRIPTION ALL that certain tract of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at R.R. spike in the Eastern line of North Enola Drive one hundred sixty-five (165.0) feet North of the Northeast corner of the intersection of Cumberland Road with North Enola Drive; thence North 10 degrees 20 minutes West, twenty-five (25.0) feet to a point at or opposite the center of the partition wall dividing properties known as No. 14 and 16 North Enola Drive; thence North 79 degrees 40 minutes East through the center of the partition wall dividing properties known as No. 14 and No. 16 North Enola Drive and beyond one hundred fifteen (115.0) feet to a point; thence South 10 degrees 20 minutes East, twenty-five (25.0) feet to an iron pin; thence South 79 degrees 40 minutes West, one hundred fifteen (115.0) feet to the place of beginning. HAVING erected thereon a dwelling known as 14 North Enola Drive, Enola, PA 17025. PARCEL NO. 09-14-0832-333 BEING the same premises which Mitchell R. Davis by deed dated 01/27/1994 and recorded on 02/01/1994 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 36T, page 1187, granted and conveyed unto Raeann M. Wittle and William E. Wittle, her husband. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Plaintiff, VS. RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, NO. 02-231 CIVIL TERM Defendants. AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the Defendants' last known address is 14 North Enola Drive, Enola, PA 17025. Louis P. Vitti, Esquire SWORN TO and subscribed before me this 27th day of September, 2006. NotarPublic_ ate^a? 4 eai -ioti )VP! r? .? c:? ? ? ,? ??? ?-- _--? 1 ..-..-j i ? .....?t S 'i '?y.. _> y "i't?i -? ? _-r C3? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-231 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALTEGRA CREDIT COMPANY, Plaintiff (s) From RAEANN M. WITTLE AND WILLIAM H. WITTLE, HUSBAND AND WIFE (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 $67,837.30 Interest $20,451.55 Atty's Comm % Atty Paid $151.35 Plaintiff Paid Date: OCTOBER 6, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Curds R. Lon ro onotary By: Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF PENNSYLVANIA In RE: WILLIAM E. WITTLE, SR. and RAEANN M. WITTLE, Debtors. HomeComings Financial Network, Assignee of National City Home Loan Services, Inc. f/k/a Altegra Credit Company, Movant, vs. William E. Wittle, Sr. and Raeann M. Wittle, Charles J. DeHart, III, Respondents, Trustee. CASE NO. 1:02-bk-00532-MDF Chapter 13 ORDER OF COURT AND NOW, based upon the Motion submitted and attached hereto, it is hereby Ordered, Adjudged and Decreed and determined that the Motion is granted. Movant, shall be and is hereby permitted to proceed and continue with an action in mortgage foreclosure and is hereby permitted to levy and Sheriff Sale the property located at 14 N. Enola Drive, Enola, PA 17025 and to pursue its remedies under state law in connection with the subject note and deed of trust/mortgage. By the coma. l Dan1 rup s' Jllil-,Q (JDK) This document is electronically signed and filed on the same date. Dated: September 21, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Plaintiff, VS. RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, Defendants AFFIDAVIT NO. 02-231 CIVIL TERM I, Louis P. Vitti, hereby certify that as representative of Altegra Credit Company am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. SWORN to and subscribed before me this 27th day of September, 2006. 1?(o41af otarial Seai f '-rry L. House, Notary Pi hlic r! "?r!!s Bort, AH g?eny ;c ty is is Exni,e i rY?ary L 81, 2 1 Louis P. Vitti, Esquire Attorney for Plaintiff r_"3 ? < ? ? ? ?-s? .? .: ? ?? ` ?? r- ?' -c)?.. G? • r.? 1r (^ § ,_? ? „? ?_3 __Y ?-?' C -1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, NO. 02-231 CIVIL TERM Plaintiff, VS. RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, Defendants. AFFIDAVIT PURSUANT TO RULE 31291 Altegra Credit Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 14 North Enola Drive, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Raeann M. Wittle 14 North Enola Drive William E. Wittle Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) Unifund CCR Partners 11802 Conrey Road Cincinnati, OH 45249 ? At 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of East Pennsboro Township Attn: Alicia Stine American Water East Pennsboro Township Trash & Sewer Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse 98 South Enola Drive, Room 101 Enola, PA 17025-0796 P.O. Box 371412 Pittsburgh, PA 15250-7412 98 South Enola Drive Enola, PA 17025 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 r ? Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 14 North Enola Drive Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. September 27. 2006 Date SWORN TO and subscribed before me this 27th day of September, 2006. Notary Fubl' otanal Seal ';"nrry House, Notary Public s nt idii!s Boro. Allegheny Gounty n 'issien Expires January 28, 200 Louis P. Vitti, Esquire Attorney for Plaintiff © 0 - u? 4? NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Raeann M. Wittle William E. Wittle 14 North Enola Drive Enola, PA 17025 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on March 7, 2007 at 10:00 A.M., the following described real estate, of which Raeann M. Wittle and William E. Wittle are owners or reputed owners: East Pennsboro Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 14 East Enola Drive, Enola, PA 17025. Parcel No. 09-14-0832-333. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Altegra Credit Company vs. Raeann M. Wittle and William E. Wittle at No. 02-231 Civil Term in the amount of $67,837.30. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. Y.. _ I YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff s Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff s Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff s Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Plaintiff, VS. RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, Defendants. LEGAL DESCRIPTION NO. 02-231 CIVIL TERM ALL that certain tract of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at R.R. spike in the Eastern line of North Enola Drive one hundred sixty-five (165.0) feet North of the Northeast corner of the intersection of Cumberland Road with North Enola Drive; thence North 10 degrees 20 minutes West, twenty-five (25.0) feet to a point at or opposite the center of the partition wall dividing properties known as No. 14 and 16 North Enola Drive; thence North 79 degrees 40 minutes East through the center of the partition wall dividing properties known as No. 14 and No. 16 North Enola Drive and beyond one hundred fifteen (115.0) feet to a point; thence South 10 degrees 20 minutes East, twenty-five (25.0) feet to an iron pin; thence South 79 degrees 40 minutes West, one hundred fifteen (115.0) feet to the place of beginning. HAVING erected thereon a dwelling known as 14 North Enola Drive, Enola, PA 17025. PARCEL NO. 09-14-0832-333 BEING the same premises which Mitchell R. Davis by deed dated 01/27/1994 and recorded on 02/01/1994 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 36T, page 1187, granted and conveyed unto Raeann M. Wittle and William E. Wittle, her husband. --s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Plaintiff, VS. RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, Defendants. AFFIDAVIT OF SERVICE 02-231 CIVIL TERM I, Audra J. Hunger, do hereby certify that a Notice of Sale was mailed and served upon all lien holders by Certificate of Mailing for service in the above-captioned case on October 4, 2006, advising them of the Sheriffs sale of the property at 14 North Enola Drive, Enola, PA 17025, on March 7, 2007. LOUIS P. VITTI & ASSOCIATES, P.C. BY AJ. Hung SWORN to and subscribed t ALTH OF PEP'N'- _VANiA before me this 6th day Notarial Seal Boyce, Notary Public of February, 2007. ?: tsburgh, Allegheny County n ission Expires May r1, 2010_ Notary Public a -1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitt! $ Associates. P.C. 916 Fifth Avenue. Pittsburah. PA 15219 One piece of ordinary mail addressed to: PA Dept. of Sheriff Sales Bureau of Compliance Dept. #281230 Harrisburg, PA 17128-1230 ro ru1111 00 11, Jdrludly LUU 1 AJ/Wittle/3-7-07 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburah. PA 15219 One Piece of ordinary mall addressed to: Tenant/Occupant 14 North Enola Drive Enola, PA 17025 ro rurln ?o i 1, January ew r or n Affi; piT?f or n pos p A Pos r fee. t, ? rn C H am c n rn ?? 4 . . v i "r '.0 M +?? - 1 P ' - O fi 1 V M / 1 /(f e Atli) or IT, post Post[ PlT •? fee. cri 4M UP srtTt?y? c U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From Louis P. Vitti & Associates. P.C. 916 Fifth Avenue, Pittsburah. PA 15219 One piece of ordinary mail addressed to: Unifund CCR Partners 11802 Conrey Road Cincinnati, OH 45249 f-a rorm oo_i r, January zvu I AJMittle/3-7-07 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From Louis P. Vitt! & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 One piece of ordinary mail addressed to: Tax Collector of East Pennsboro Township 98 South Enola Drive, Room 101 Enola, PA 17025-0796 Attn: Alicia Stine ra rurrn oo i r, January [uu I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 One piece of ordinary mail addressed to: American Water P.O.Box 371412 Pittsburgh, PA 15250-7412 ra rorm oo r r, January tuu l U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates, P.C. 916 Fifth Avenue, Pittsburah. PA 15219 One piece of ordinary mail addressed to: East Pennsboro Township Trash & Sewer 98 South Enola Drive Enola, PA 17025 - -... JV 1 /, Jdlludly euu 1 ? Af or PC ' o }??? Pc fe, cc tz' to C"M OPT Sj tD m q ma y rrr ? O C] Ln rrr Aff o or Po Po fee D a W ci C m m CID AP-il EI Affi. or m P ost p Post fee. r ?C -P. o to C.n L" m c.n,r +/ ei ?.. . mm jj C fA rlr •. ?D O 1 ? M AM rrr or r pos Pos.. fee. r o / T? r1 t>7 c a? ii? `+* ` Celt M ? cn y 00'= 0 ? ? rN Q cn rrr I Q . U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue, Pittsburah. PA 15219 One piece of ordinary mall addressed to: Commonwealth of PA - DPW P.O. Box 8016 Harrisburg, PA 17105 vzs corm 3877, January zUU1 AJ/W ittle/3-7-07 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburgh, PA 15219 One piece of ordinary mail addressed to: Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 YS I-orm 3817, January zuu1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitt! & Associates, P.C. 916 Fifth Avenue. Pittsbursih, PA 15219 One piece of ordinary mall addressed to: Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 ra rorm sai f, Januaryeuu-i U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitt! & Associates. P.C. 916 Fifth Avenue. Pittsburgh, PA 15219 One piece of ordinary mall addressed to: Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 ro rorm 3aT f, uanuary zuui Affix fi or me post n Postrr fee. Affix fi or me post m Postmi fee. Affix fi or me' post n Postmi fee. Affix I or me poste Postr fee. WJ tx 1, A ? LP C l11 '" CJ CJ7 cJ ? 1 21 )411 C? Ln am eti wm ebit ,? N? 111 ? ? ' ,;• y ',.: to c N c? Ln Lrr .m ` arl o (q co o ?O P/T ?r ,\ rn C co t t- m L' jig r O a Lt) m Z' m a ov ? 111 t3 r? ? C ? T s f'*'i T r 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 Paul M Mickley is the grantee the same having been sold to said grantee on the 7th day of March A.D., 2007, under and by virtue of a writ Execution issued on the 6th day of Oct, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 231, at the suit of Altegra Credit Co against RaeAnn M Wittle & William E is duly recorded in Deed Book No. 279, Page 3057. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 17 day of A.D.2, 0 0 Recorder of Deeds Rf=dw a DMIC Cw ftdv d Co". COW PA Mr Cowrye w E*M the ft MW4" of Jae. 2010 Altegra Credit Company In the Court of Common Pleas of VS Cumberland County, Pennsylvania Raeann M. Wittle and William E. Wittle -Writ No. 2002-231 Civil Term Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2007 at 1957 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Raeann M. Wittle and William E. Wittler, by making known unto Raeann Wittle, personally and wife of William E. Wittle, at 20 West Beale Ave., Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1131 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 Raeann M. Wittle and William M. Wittle located at 14 North Enola Drive, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Raeann M. Wittle and William E. Wittle, by regular mail to their last known address of 20 West Beale Ave., Enola, PA 17025. These letters were mailed under the date of January 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 07, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $72,000.00 to Paul M. Mickley, on behalf of AFPIP Foreclosure Resolutions LLC. It being the highest bid and best price received for the same, AFPIP Foreclosure Resolutions LLC, of 920 Carrolls Tract Road, Gettysburg, PA 17325 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $75,425.66. Sheriff s Costs: Docketing $30.00 Poundage 1,440.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 52.80 Certified Mail 1.40 Levy 15.00 Surcharge 30.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 355.00 331.10 16.83 25.00 39.50 $2,426.13 ? So Answers: .00?' R. Thomas Kline, Sheriff BY Real Estate ergeant / / 9?s/? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Plaintiff, NO. 02-231 CIVIL TERM vs. RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Altegra Credit Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 14 North Enola Drive, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Raeann M. Wittle 14 North Enola Drive William E. Wittle Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) Unifund CCR Partners 11802 Conrey Road Cincinnati, OH 45249 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of East Pennsboro Township Attn: Alicia Stine American Water East Pennsboro Township Trash & Sewer Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse 98 South Enola Drive, Room 101 Enola, PA 17025-0796 P.O. Box 371412 Pittsburgh, PA 15250-7412 98 South Enola Drive Enola, PA 17025 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 14 North Enola Drive Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. September 27, 2006 Date SWORN TO and subscribed before me this 27th day of September, 2006. Notary YU-b7' otariai Seal Sherry House, Notary Public r---Fang Hills Borc. Allegheny County ) nission Expires January 28, 20LY! 7„ 7;? Louis P. Vitti, Esquire Attorney for Plaintiff I 1 ry? NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Raeann M. Wittle William E. Wittle 14 North Enola Drive Enola, PA 17025 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on March 7, 2007 at 10:00 A.M., the following described real estate, of which Raeann M. Wittle and William E. Wittle are owners or reputed owners: East Pennsboro Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 14 East Enola Drive, Enola, PA 17025. Parcel No. 09-14-0832-333. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Altegra Credit Company vs. Raeann M. Wittle and William E. Wittle at No. 02-231 Civil Term in the amount of $67,837.30. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. . . 1 ' YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff s Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Plaintiff, vs. RAEANN M. WITTLE and WILLIAM E. WITTLE, husband and wife, Defendants LEGAL DESCRIPTION NO. 02-231 CIVIL TERM ALL that certain tract of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at R.R. spike in the Eastern line of North Enola Drive one hundred sixty-five (165.0) feet North of the Northeast corner of the intersection of Cumberland Road with North Enola Drive; thence North 10 degrees 20 minutes West, twenty-five (25.0) feet to a point at or opposite the center of the partition wall dividing properties known as No. 14 and 16 North Enola Drive; thence North 79 degrees 40 minutes East through the center of the partition wall dividing properties known as No. 14 and No. 16 North Enola Drive and beyond one hundred fifteen (115.0) feet to a point; thence South 10 degrees 20 minutes East, twenty-five (25.0) feet to an iron pin; thence South 79 degrees 40 minutes West, one hundred fifteen (115.0) feet to the place of beginning. HAVING erected thereon a dwelling known as 14 North Enola Drive, Enola, PA 17025. PARCEL NO. 09-14-0832-333 BEING the same premises which Mitchell R. Davis by deed dated 01/27/1994 and recorded on 02/01/1994 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 36T, page 1187, granted and conveyed unto Raeann M. Wittle and William E. Wittle, her husband. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-231 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALTEGRA CREDIT COMPANY, Plaintiff (s) From RAEANN M. WITTLE AND WILLIAM H. WITTLE, HUSBAND AND WIFE (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 $67,837.30 L.L. $.50 Interest $20,451.55 Atty's Comm % Due Prothy $1.00 Atty Paid $151.35 Other Costs Plaintiff Paid Date: OCTOBER 6, 2006 (Seal) C is R. Long onota ' ' y By: Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 Real Estate Sale # 16 On October 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 14 North Enola Drive, Enola, more fully described on Exhibit "A" Wz Q filed with this writ and by this reference incorporated herein. Date: October 31, 2006 By: , U j Real Es(ate Sergeant S fi :1 d I 1 00 9QO1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. a Marie Coyne, rtor SWORN TO AND SUBSCRIBED before me this 9 day of Februar. NOTARIAL SEAL - LO1S E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 IiZM, ZOTATZ SMS NO. 16 Writ No. 2002-231 Civil Altegra Credit Company VS. Raeann M. Wittle and William E. Wittie Atty.: Louis Vitt! LEGAL DESCRIPTION ALL that certain tract of land situ- ate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylva- nia, more particularly bounded and described as follows, to wit: BEGINNING at R.R. spike in the Eastern line of North Enola Drive one hundred sixty-five (165.0) feet North of the Northeast corner of the intersection of Cumberland Road with North Enola Drive; thence North 10 degrees 20 minutes Wept, twenty-five (25.0) feet to a point at or opposite the center of the parti- tion wall dividing properties known as No. 14 and 16 North Enola Drive; thence North 79 degrees 40 min- utes East through the center of the partition wall dividing properties known as No. 14 and No. 16 North Enola Drive and beyond one hun- dred fifteen (115.0) feet to a point; thence South 10 degrees 20 min- utes East, twenty-five (25.0) feet to an iron pin; thence South 79 de- grees 40 minutes West, one hun- dred fifteen (115.0) feet to the place of beginning. HAVING erected thereon a dwell- ing known as 14 North Enola Drive, Enola, PA 17025. PARCEL NO. 09-14-0832-333. BEING the same premises which Mitchell R. Davis by deed dated 01 / 27/1994 and recorded on 02/01/ 1994 in Cumberland County, Penn- sylvania, Recorder of Deeds Office in Deed Book Volume 36T, page 1187, granted and conveyed unto Raeann M. Wittle and William E. Wittle, her husband. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Aet No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duty 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 Citv, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That lie 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 3 t7. PUBLICATION .................... .............................. COPY Sworn to and su set' ed brfore me this 26th day of February 2007 A.D. SALE#16 COMMONWEALTH OF `t'ENNSYLila?NIAT Notarial Seal a Terry L. Russell, Notary Public CO Of Harri urg, Jau 'County Commis an Expir J e 6,201()0 A's_ iation o` Notaries. AR CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 170131 REAL ESTATE SALE #16 Writ No. 2002-231 CWH Tarm Altegra Credit Company Vs. Raeann M. W09 and WWhm E. Wattle Mr. L41f Vau ALL THAT CERTAfi% tract of land situate in the 1la !whip of East Pennsboro, Coamy of Ctmliedfed and Commonwealth of Pennsylvania. more particularly bounded and described as follows, to wit: BEGINNING at R.R. spike in the Eastem line ai North Enola Drive one hundred sixty-fivi (165.0) feet North of the Northeast corner of the intersection of Cumberland Road with North Enola Drive; thence North 10 degrees 20 minutes West, twenty-five (25.0) feet to a mint at or opposite the center of the partition wall dividing properties known as No. 14 and 16 North Enola Drive; thence North 79 degrees 40 minutes East through the center of the partition wall dividing properties known as No. 14 and No. 16 North Enola Drive and beyond one hundred fifteen (115.0) feet to a point thence South 10 degrees 20 minutes East, twenty-five (25.0) feet to an iron pin: thence South 71, degrees 40 minutes West, one hundred fifteen (115.0) feet to the place o`- beginning. HAVING erected thereon a dwelling known as 14 North Enola Drive, Enola, PA 17025 PARCEL # 09-14-0832-333 BEING the same premises which Mitchell R. Davis by Deed dated 01/27/1994 and recorded on 02/01/1994 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 36T, page 1187, granted and conveyed unto Raemm M. With and William E. Wittle, her husband. SCHEDULE OF DISTRIBUTION SALE NO. 16 Date Filed: April 05, 2007 Writ No. 2002-231 Civil Term Altegra Credit Company VS RaeAnn M. Wittle and William E. Wittle 14 North Enola Drive Enola, PA 17025 Sale Date: March 07, 2007 Buyer: AFPIP Foreclosure Resolutions LLC Bid Price: $72,000.00 Real Debt: $67,837.30 Interest: 20,451.55 Attorney Costs: 151.35 Total: $88,440.20 DISTRIBUTION: Receipts: Cash on account (10/31/2006): $ 1,500.00 Cash on account (03/07/2007): 7,200.00 Cash on account (03/23/2007) 68,225.66 Total Receipts: $76,925.66 Disbursements: Sheriff s Costs Legal Search Local Transfer Tax State Transfer Tax Debbie Lupold, Tax Collector East Pennsboro Township Municipal Lien 2002-1925 East Pennsboro Township Municipal Lien 2004-3927 East Pennsboro Township Municipal Lien 2005-5603 East Pennsboro Township Attorney Louis P. Vitti Altegra Credit Company Total Disbursements: Balance for distribution: So Answers: $2,426.13 200.00 887.83 887.83 271.33 416.12 947.34 586.92 115.00 1,500.00 68,687.16 ($76,925.66) 0.00 R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 16 Held: Wednesday, March 7, 2007 Date: March 7, 2007 TAXES: Receipts for all taxes for the years 2004 to 2006 inclusive. Taxes for the current year 2007. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2007, and recorded , 2007, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Mitchell R. Davis by deed dated January 27, 1994 and recorded February 1, 1994, in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book "T," Volume 36, Page 1187, granted and conveyed to Raeann M. Wittle and William E. Wittle, wife and husband. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Enola Drive. 6. Rights in party wall forming a portion of the boundary line for the subject premises. 7. Building conditions, easements and restrictions as shown on or set forth with the Plan of Enola, recorded in Plan Book 1, Page 51. 8. Mortgage in the amount of $55,125.00 given by Raeann M. Wittle and William E. Wittle to Altegra Credit Company dated April 7, 1997 and recorded April 10, 1997 in Mortgage Book 1374, Page 449. Complaint in mortgage foreclosure filed by Altegra Credit Company as Plaintiff against Raeann M. Wittle and William E. Wittle as Defendants, in the Office of the Prothonotary of Cumberland County, on January 16, 2002 to File No. 2002- 231. Judgment in the amount of $67,837.30 entered March 7, 2002. 9. Satisfactory evidence to be produced that release from stay of bankruptcy was obtained for subject Sheriff sale. 10 Complaint filed by Unifund CCR Partners as Plaintiff against Raeann M. Wittle as Defendant, on March 22, 1999 in the Office of the Prothonotary of Cumberland County to File No. 1999-1690. Said judgment may be a lien on the property in the event of the death or divorce of William E. Wittle. 11. Municipal lien filed by East Pennsboro Township as Plaintiff against Raeann M. Wittle and William E. Wittle as Defendants, on April 19, 2002 to File No. 2002- 1925 in the amount of $386.12. 12. Municipal lien filed by East Pennsboro Township as Plaintiff against William E. Wittle as Defendant on August 10, 2004 to File No. 20043927 in the amount of $917.34. Said judgment may be a lien on the subject premises in the event of the death or divorce of Raeann M. Wittle. 13. Municipal lien filed by East Pennsboro Township as Plaintiff against William E. Wittle as Defendant on October 28, 2005 to File No. 2005-5603 in the amount of $556.92. Said judgment may be a lien on the subject premises in the event of the death or divorce of Raeann M. Wittle. 14. Rights granted to S. Elizabeth Jones, her heirs, successors and assigns, by instrument recorded March 17, 1938 in Miscellaneous Record Book 68, Page 431. 15. Building restrictions as set forth in deeds recorded in Deed Book "W," Volume 6, Page 6 and Deed Book "Y," Volume 6, Page 74. 16. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 17. Real estate taxes accruing on and after July 1, 2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be valid or binding until countersigned by an authorized signatory. REAL ESTATE SALE NO. 16 Writ No. 2002-231 Civil Altegra Credit Company VS. Raeann M. Wittle and William E. Wittle Atty.: Louis Vitti LEGAL DESCRIPTION ALL that certain tract of land situ- ate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylva- nia, more particularly bounded and described as follows, to wit: BEGINNING at R.R. spike in the Eastern line of North Enola Drive one hundred sixty-five (165.0) feet North of the Northeast comer of the intersection of Cumberland Road with North Enola Drive; thence North 10 degrees 20 minutes West, twenty-five (25.0) feet to a point at or opposite the center of the parti- tion wall dividing properties known as No. 14 and 16 North Enola Drive; thence North 79 degrees 40 min- utes East through the center of the partition wall dividing properties known as No. 14 and No. 16 North Enola Drive and beyond one hun- dred fifteen (115.0) feet to a point; thence South 10 degrees 20 min- utes East, twenty-five (25.0) feet to an iron pin. thence South 79 de- grees 40 minutes West, one hun- dred fifteen (115.0) feet to the place of beginning. HAVING erected thereon a dwell- ing known as 14 North Enola Drive, Enola, PA 17025. PARCEL NO. 09-14-0832-333. BEING the same premises which Mitchell R. Davis by deed dated 01/ 27/1994 and recorded on 02/01/ 1994 in Cumberland County, Penn- sylvania, Recorder of Deeds Office in Deed Book Volume 36T, page 1187, granted and conveyed unto Raeann M. Wittle and William E. Wittle, her husband.