HomeMy WebLinkAbout12-4873_ "Ir...?r.D-J JCS
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"!J fCE;}?LG,J CCUN?Y
PENNSYLVANIA
PHELAN HALLINAN & SCHMIEG, LLP
Allison F. Wells, Esq., Id. No. 309519
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
GMAC MORTGAGE, LLC
1100 VIRGINIA DRIVE
P.O. BOX 8300
FORT WASHINGTON, PA 19034
Plaintiff
V.
UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND
ALL PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM OR
UNDER EARL W. WITSIL, DECEASED
4702 NORTH CLEARVIEW DRIVE
CAMP HILL, PA 17011-4013
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM NO. 73 OCUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 291916
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9-4
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, (JO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
File #: 291916
Plaintiff is
GMAC MORTGAGE, LLC
1100 VIRGINIA DRIVE
P.O. BOX 8300
FORT WASHINGTON, PA 19034
The name(s) and last known address(es) of the Defendant(s) are:
UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR
ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER
EARL W. WITSIL, DECEASED
4702 NORTH CLEARVIEW DRIVE
CAMP HILL, PA 17011-4013
who is/are the real owner(s) of the property hereinafter described.
3. On 10/19/2005 EARL W. WITSIL made, executed and delivered a mortgage upon the
premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INCORPORATED AS A NOMINEE FOR GMAC MORTGAGE
CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Book 1928, Page 0661 The PLAINTIFF is now
the mortgagee and is in the process of formalizing an assignment of same. The mortgage
and assignment(s), if any, are matters of public record and are incorporated herein by
reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its
obligations to attach documents to pleadings if those documents are of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 11/01/2011 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 #: 291916
6.
The following amounts are due on the mortgage as of 02/17/2012:
Principal Balance $109,847.30
Interest $2,485.87
10/01/2011 to 02/17/2012
Late Charges $152.16
Subtotal $112,485.33
Escrow Credit $529.93
TOTAL $111,955.40
7
8
9
10
11
12
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.
Mortgagor EARL W. WITSIL died on 12/27/2011 and, upon information and belief, his
surviving heir(s) is CYNTHIA ANNE WITSIL.
Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY
and was informed that no estate has been raised on behalf of the decedent mortgagor.
By executed waiver(s), CYNTHIA ANNE WITSIL waived her right to be named as a
defendant in the foreclosure action. Said waiver(s) is/are attached as Exhibit "A".
Plaintiff hereby releases EARL W. WITSIL, from liability for the debt secured by the
mortgage.
File # 291916
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$111,955.40, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN HALLINAN-.;&SCHMIEG, LLP
F. Wells, Esq., Id. No. 309519
for Plaintiff
File #: 291916
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the
Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the Southern side of Clearview Drive which point is 110 feet West of
the Southwest corner of Clearview Drive and Hampden Avenue and at the division line of Lot
Nos. 36 and 106 on the hereinafter mentioned Plan of Lots; THENCE South 03 degrees 8
minutes East along said division line a distance of 75 feet to a point at the division line between
Lot Nos. 107 and 36 on said Plan; THENCE South 02 degrees 39 minutes East a distance of
43.54 feet to a point; THENCE South 86 degrees 52 minutes West a distance of 63.81 feet to a
point at the division line between Lot Nos. 36 and 37; THENCE North 03 degrees 8 minutes
West along said division line a distance of 115.05 feet to a point on the Southern side of
Clearview Drive; THENCE South 86 degrees 52 minutes East along the Northern side of
Clearview Drive 65 feet (erroneously known as Southern side of Clearview Drive 65 feet on
prior Deed) to a point, the Place of BEGINNING.
BEING Lot No. 36 and a triangular part of Lot No. 107 on the General Plan of Sections 2 and 3,
Clearview Farms, as recorded in Cumberland County Plan Book 9, Page 6.
HAVING THEREON ERECTED a single dwelling known and numbered as 4702 Clearview
Drive, Camp Hill, Pennsylvania 17011.
File #: 291916
BEING THE SAME PREMISES which Nancy E. Kauhl and David H. LeRoy, her husband by
Deed dated 6/14/02 and recorded 6/18/02, in the Office of the Recorder of Deeds for Cumberland
County, Pennsylvania, in Book 252, page 1175, granted and conveyed unto Earl W. Witsil, his
heirs and assigns.
PROPERTY ADDRESS: 4702 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011-
4013
PARCEL # 10-21-0279-113
File #: 291916
E xhibit "A"
WAIVER BY HEIR OF RIGHT TO BE NAMED
AS A DEFENDANT IN FORECLOSURE ACTION
I, CYNTHIA ANNE WITSIL, Heir of EARL W. WITSIL, Deceased, hereby
acknowledge that I may have an ownership interest in the property located at 4702 NORTH
CLEARVIEW DRIVE, CAMP HILL, PA 17011-4013, in accordance with Section 301(b) of the
Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby
waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141
et seq., which may be instituted by GMAC MORTGAGE, LLC, involving said property, which
property was owned by the decedent at the time of his death.
I hereby consent to the foreclosure action, without any further notice of said action,
including but not limited to the Sheriffs sale, and understand that any interest I may have in the
mortgaged premises will be divested upon completion of the foreclosure action.
I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise
payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff s
sale of the mortgage premises.
Date: t(.A..- .;i ? '?' ??. ?,
CYNTHIA ANNE WITSIL, Heir
of EARL W. WITSIL, Deceased
VERIFICATION
GA B N'ddew'" , hereby states that he/she is Auk offim
of GMAC
MORTGAGE, LLC, Plaintiff in this matter, that he/she is authorized to make this Verification,
and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are
true and correct to the best of his/her information and belief. The undersigned understands that
this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
DATE: AL L 11- PU-
File#: 291916
Name:
Christiana Nffldm
Title: Auth0riZCd 4ffICCf
GMAC MORTGAGE, LLC
File #: 291916
GMAC MORTGAGE, LLC
Plaintiff(s)
vs.
UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL
PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING
RIGHT, TITLE OR INTEREST FROM OR UNDER EARL
W. WITSIL, DECEASED
IN THE COURT OF C NWN I AS
OF CUMBERLAI C(IeNT),i
PENNSTNIV
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Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have an attorney, you must take the following steps to be eligible for a conciliation
conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at
(717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not
charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative
within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all the requested financial information so that a loan
resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be
filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a
conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an
attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward,
IF YOU WISH TO SAVE, YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
6bNN' _
Date
Respectfully submitted:
Signature unsel or Plaintiff
lrt%, Ll_?k?
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Please Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different)
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender:__
Type of Loan: _
Loan Number: _
Second Mortgage Lender:
Type of Loan: _
Loan Number:
How long?
State: Zip:
Yes ? No ? Listing date: Price: $_
Realtor Phone:_
Yes ? No ?
Home:
Cell:
Home:
Cell:
State: Zip:
Office:
Other:
Office:
Other:
State: Zip:
How long?
Date you Closed Your Loan:
Total Mortgage Payments Amount: $
Date of Last Payment: _
Included Taxes & Insurance:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed:
Home: $
Other Real Estate: $
Retirement Funds: $
Investments: $
Checking: $
Savings: $
Other: $
V51117P-
Automobile #1: Model:
Amount owed:
Automobile #2: Model:
Year:
Value:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Year:
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
I . monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2" Mortgage Utilities
Car Payment(s) Condo/Nei h. Fees
Auto Insurance Med. (not covered)
Auto fuel/re airs Other prop. payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day/Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office):
Email:
Fax:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company
to resolve your delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if you know, regarding your lender or lender's
loan servicing company:
Lender's Contact (Name):
Phone:
Servicing Company (Name):
Contact: Phone:
I/We, _ , authorize the above
named _ to use/refer this information to my lender/servicer for the
sole purpose of evaluating my financial situation for possible mortgage options. I/We
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature
Co-Borrower Signature
Date
Date
Please forward this page along with the following information to lender:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
6. Listing agreement (if property is currently on the market)
PHELAN HALLINAN & SCHMIEG, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
GMAC MORTGAGE, LLC
Plaintiff
vs.
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COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
UNKNOWN HEIR5, SUCCESSORS, No. 12-4873 CIVIL
ASSIGNS, AND ALL PERSONS, FIRMS, OR
ASSOCIATIONS CLAIMING RIGHT, TITLE
OR INTEREST FROM OR UNDER EARL W.
WITSIL, DECEASED
Defendants
PRAECIPE TO REINSTATE CIVIL ACTION/MURTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above
captioned matter.
Date: November 9, 2012
JNL/jqd, Svc Dept.
File# 291916
PHELAN HALLINAN & SCHMIE ,LLP
By:
than Lobb, Esq., Id. No.31 74
ttorney for Plaintiff
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~.,~a$3saq
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
GMAC MORTGAGE, LLC
Plaintiff
2012DEC 20 AN !1: 50
CUN?RLANO COUNTY
PENNSYLVANIA
: COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
CUMBERLAND COUNTY
UNKNOWN HEIRS, SUCCESSORS, No. 12-4873 CIVIL
ASSIGNS, AND ALL PERSONS, FIRMS, OR
ASSOCIATIONS CLAIMING RIGHT, TITLE
OR INTEREST FROM OR UNDER EARL W.
WITSIL, DECEASED
Defendants
PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above
captioned matter.
Date: jnl/jqd, Svc Dept.
File# 291916
PHELAN HALLINAN, LLP
By: ?k-? 'Z/?
4omevy Lobb, Esq., Id. No.312174
for Plaintiff
M a?Dd Q?tI
? Cl?{? ?a sl?c??i
2?a?uug3
Phelan Hall,?,an, I LP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
GMAC MORTGAGE, LLC
Plaintiff
VS.
ATTORNEYS FOR PLAINTIFF
z"7 r a c.: ',
?M M r....
C> C: )
COURT OF COMMON PLEA? '=
?-
,
CIVIL DIVISION
UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND CUMBERLAND COUNTY
ALL PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM No. 12-4873 CIVIL
OR UNDER EARL W. WITSIL, DECEASED
Defendant(s)
AFFIDAVIT OF SERVICE OF COMPLAINT
BY MAIL PURSUANT TO COURT ORDER
I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above
captioned matter was sent by regular mail to the following persons, UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR IWERF,ST
FROM OR UNDER EARL W. WITSIL, DECEASED at 4702 NORTH CLEARVIEW DRIVE, CAMP HILL,,
PA 17011-4013 on December 17, 2012, in accordance with the Order of Court dated October 9, 2012 . The
undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to
unworn falsification. to authorities.
DATE: December 17, 2012
PHS291916/JQD
Phelan Hallinan, LLP
nathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
Phelan Hallinan, LLP
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GMAC MORTGAGE, LLC COURT OF COMMON PLEAS
CIVIL DIVISION
VS.
NO. 12-4873 CIVIL
UNKNOWN HEIRS, SUCCESSORS, ASSiGNS,
AND ALL PERSONS, FIRMS, OR CUMBERLAND COUNTY
ASSOCIATIONS CLAIMING RIGHT, TITLE OR
INTEREST FROM OR UNDER EARL W.
WITSIL, DECEASED
ET AL.
ORDER
AND NOW, this 9 -7* day of a60u , 2012, upon consideration of
Plaintiffs Motion for Service Pursuant to Special Order of court, it is hereby;
ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of
Sheriff's Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the Defendant, UNKNOWN
HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM, OR UNDER EARL W. WITSIL.,
DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by
mailing a true and correct copy of the Complaint by Regular mail. Service by mail is complete
upon the date of mailing; and by posting the mortgaged premises at 4702 NORTH
PHS# 291916/SNM
CLEARVIEW DRIVE., CAMP HILL, PA 17411-4013 by the Sheriff or by a non-party
competent adult.
It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a
certificate of service with the Prothonotary's office to assure compliance with this court order.
BY THE COURT:
J.?
*Prior to fulfilling the requirements of service of Notice of Sale as set forth in this Order, Plaintiff must first attempt
service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the event this attempted service is not successful,
Plaintiff may proceed with service of the Notice of Sale in conformity with this Order.
PHS# 291916/SNM
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
GMAC MORTGAGE,LLC COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
V.
NO.: 12-4873 CIVIL
UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,
FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST
FROM OR UNDER EARL W.WITSIL,DECEASED CUMBERLAND COUNTY
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due $111,955.40
Interest from 02/23/2013 to Date of Sale $3,569.60
($18.40 per diem)
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TOTAL $115,525.00 et
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Ph an Hallinan,LLP
Michael Kolesnik,Esq.,Id No.3088 --
Attorney for Plaintiff G O
Note: Please attach description of property.
PHS#291916
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LEGAL DESCRIPTION
ALL THAT CERTAIN tract or Parcel of land and premises,situate,lying and being in the Township of
Hampden in the County of Cumberland and Commonwealth of Pennsylvania,more particularly described as
follows:
BEGINNING at a point on the Southern side of Clearview Drive which point is 110 feet West of the
Southwest corner of Clearview Drive and Hampden Avenue and at the division line of Lot Nos.36 and 106
on the hereinafter mentioned Plan of Lots;THENCE South 03 degrees 8 minutes East along said division line
a distance of 75 feet to a point at the division line between Lot Nos. 107 and 36 on said Plan;THENCE South
02 degrees 39 minutes East a distance of 43.54 feet to a point;THENCE South 86 degrees 52 minutes West a
distance of 63.81 feet to a point at the division line between Lot Nos.36 and 37;THENCE North 03 degrees
8 minutes West along said division line a distance of 115.05 feet to a point on the Southern side of Clearview
Drive;THENCE South 86 degrees 52 minutes East along the Northern side of Clearview Drive 65 feet
(erroneously known as Southern side of Clearview Drive 65 feet on prior Deed)to a point,the Place of
BEGINNING.
BEING Lot No.36 and a triangular part of Lot No. 107 on the General Plan of Sections 2 and 3,Clearview
Farms,as recorded in Cumberland County Plan Book 9,Page 6.
TITLE TO SAID PREMISES VESTED IN Earl W.Witsil,by Deed from Nanny E. Kauhl and
David H. LeRoy, her husband, dated 06/14/2002,recorded 06/18/2002 in Book 252,Page 1175.
Mortgagor EARL W.WITSIL died on 12/27/2011 and,upon information and belief,his surviving heir(s)is
CYNTHIA ANNE WITSIL.
By executed waiver(s),CYNTHIA ANNE WITSIL waived her right to be named as a defendant in the
foreclosure action.
PREMISES BEING:4702 NORTH CLEARVIEW DRIVE,CAMP HILL,PA 170114013
PARCEL NO.10-21-0279-113
PHELAN HALLINAN, LLP Attorneys for Plaintiff
John Michael Kolesnik,Esq., Id. No.308877 o. . r rM#
1617 JFK Boulevard, Suite 1400 E P110THoN0TA
One Penn Center Plaza 2013 � �
Philadelphia, PA 19103
215-563-7000 CUMBERLAND GOUNTY
p' 'SYt11���A
GMAC MORTGAGE,LLC COURT OF COMMON PLEAS
Plaintiff
V.
CIVIL DIVISION
NO.: 1-2-4873 CIVIL
UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL
PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,
TITLE OR INTEREST FROM OR UNDER EARL W. WITSIL, CUMBERLAND COUNTY
DECEASED
Defendant(s)
CERTIFICATION
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
( ) the mortgage is an FHA Mortgage
( ) the premises is non-owner occupied
(X) the premises is vacant
( ) Act 91 procedures have been fulfilled
( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By:
P an Hallman,LLP
hn Michael Kolesnik,Esq.,Id.No.308877
Attorney for Plaintiff
.r
GMA C MORTGAGE,LLC , k:. #' COURT OF COMMON PLEAS
Plaintiff i,;, l i � i= UTt3111�t�'c
CIVIL DIVISION
V. 1
NT Y NO.: 12-4873 CIVIL
UNKNOWN HEIRS,SUCCESSIW
ALL PERSONS,FIRMS,OR ASST S
CLAIMING RIGHT,TITLE OR INTEREST FROM OR CUMBERLAND COUNTY
UNDER EARL W.WITSIL,DECEASED
Defendant(s) PHS#291916
AFFIDAVIT PURSUANT TO RULE 3129.1
GMAC MORTGAGE,LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for
the Writ of Execution was filed,the following information concerning the real property located at 4702 NORTH CLEARVIEW DRIVE,
CAMP HILL,PA 170114013.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, 4702 NORTH CLEARVIEW DRIVE
AND ALL PERSONS,FIRMS,OR CAMP HILL,PA 17011-4013
ASSOCIATIONS CLAIMING RIGHT,TITLE
OR INTEREST FROM OR UNDER EARL W.
WITSIL,DECEASED
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, 4702 NORTH CLEARVIEW DRIVE
AND ALL PERSONS,FIRMS,OR CAMP HILL,PA 17011-4013
ASSOCIATIONS CLAIMING RIGHT,TITLE
OR INTEREST FROM OR UNDER EARL W.
WITSIL,DECEASED
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(if address cannot be
reasonably ascertained,please indicate)
None.
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
SOVEREIGN BANK 824 NORTH MARKET STREET
SUITE 100
WILMINGTON,DE 19801
SOVEREIGN BANK 450 PENN STREET
READING,PA 1%02
SOVEREIGN BANK P.O.BOX 2590
C/O FISERV LENDING SOLUTION CHICAGO,IL 60690
5. Name and address of every other person who has any record lien on the property:
Name 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 Address(if address cannot be
reasonably ascertained,please indicate)
CLEARVIEW FARMS RD 2 BOX 110
EAST BERLIN,PA 17316
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(if address cannot be
reasonably ascertained,please indicate)
TENANT/OCCUPANT 4702 NORTH CLEARVIEW DRIVE
CAMP HELL,PA 17011-4013
COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ.
BUREAU OF INDIVIDUAL TAXES DEPT 28060I
INHERITANCE TAX DIVISION HARRISBURG,PA 17128
DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486
CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING
PROGRAM HARRISBURG,PA 17105
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE,PA 17013
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675
DEPARTMENT OF WELFARE HARRISBURG,PA 17105
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 17108-1754
FEDERAL BUILDING
CYNTHIA ANNE WITSEL 4569 MANOR DR
MECHANICSBURG,PA 17055-4933
1 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 unsworn falsification W
aulliqr
to auth i i s.
o ks,
Date: -5119hi By:
an MUnan,LLP
0
ohn Michael Kolesnik,Esq.,Id.No.308877
Attorney ttorney for Plaintiff
X
GMAC MORTGAGE,LLC COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
VS. NO.: 12-4873 CIVIL
UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL
PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, CUMBERLAND COUNTY
TITLE OR INTEREST FROM OR UNDER EARL W.WITSIL,
DECEASED
Defendant(s)
rnw
W
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ,, �' r
TO: UNKNOWN HEIRS,SUCCESSORS, K c
ASSIGNS,AND ALL PERSONS,FIRMS,OR n
ASSOCIATIONS CLAIMING RIGHT,TITLE
OR INTEREST FROM OR UNDER EARL W.
WITSIL,DECEASED —'
4702 NORTH CLEARVIEW DRIVE
CAMP HILL,PA 17011-4013
"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,
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 4702 NORTH CLEARVIEW DRIVE,CAMP HILL,PA 170114013 is
scheduled to be sold at the Sheriffs Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse,
South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$111,955.40 obtained by GMAC
MORTGAGE,LLC (the mortgagee)against you. In the event the sale is continued, an announcement will be
made at said sale in compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 21$-563-7000 x1230.
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 Sheriff's 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 215-563-7000.
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 proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. 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 filing of the proposed schedule.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717) 249-3166
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or Parcel of land and premises,situate,lying and being in the Township of
Hampden in the County of Cumberland and Commonwealth of Pennsylvania,more particularly described as
follows:
BEGINNING at a point on the Southern side of Clearview Drive which point is 110 feet West of the
Southwest corner of Clearview Drive and Hampden Avenue and at the division line of Lot Nos.36 and 106
on the hereinafter mentioned Plan of Lots;THENCE South 03 degrees 8 minutes East along said division line
a distance of 75 feet to a point at the division line between Lot Nos. 107 and 36 on said Plan;THENCE South
02 degrees 39 minutes East a distance of 43.54 feet to a point;THENCE South 86 degrees 52 minutes West a
distance of 63.81 feet to a point at the division line between Lot Nos.36 and 37;THENCE North 03 degrees
8 minutes West along said division line a distance of 115.05 feet to a point on the Southern side of Clearview
Drive;THENCE South 86 degrees 52 minutes East along the Northern side of Clearview Drive 65 feet
(erroneously known as Southern side of Clearview Drive 65 feet on prior Deed)to a point,the Place of
BEGINNING.
BEING Lot No. 36 and a triangular part of Lot No. 107 on the General Plan of Sections 2 and 3,Clearview
Farms,as recorded in Cumberland County Plan Book 9,Page 6.
TITLE TO SAID PREMISES VESTED IN Earl W.Witsil, by Deed from Nancy E. Kauhl and
David H. LeRoy, her husband, dated 06/14/2002,recorded 06/18/2002 in Book 252,Page 1175.
Mortgagor EARL W.WI TSIL died on 12/27/2011 and,upon information and belief,his surviving heir(s)is
CYNTHIA ANNE WITSIL.
By executed waiver(s),CYNTHIA ANNE WI TSIL waived her right to be named as a defendant in the
foreclosure action.
PREMISES BEING:4702 NORTH CLEARVIEW DRIVE,CAMP HILL,PA 17011-4013
PARCEL NO. 10-21-0279-113
r
Y
SHORT DESCRIPTION
By virtue of a Writ of Execution NO. 12-4873 CIVIL
GMAC MORTGAGE,LLC
vs.
UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR
ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM Olt UNDER
EARL W.WITSIL,DECEASED
owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County,
Pennsylvania, being
(Municipality)
4702 NORTH CLEARVIEW DRIVE, CAMP HILL,PA 17011-4013
Parcel No. 10-21-0279-113
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
JUDGMENT AMOUNT: $111,955.40
Phelan Hallinan,LLP
Attorney for Plaintiff
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
215-563-7000
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-4873 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GMAC MORTGAGE,LLC, Plaintiff(s)
From UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR
ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FORM OR UNDER EARL W.
WITSIL,DECEASED
(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: $111,955.40 L.L.: .50
Interest FROM 2/23/2013 TO DATE OF SALE($18.40 PER DIEM)-$3,569.60
Atty's Comm: Due Prothy:$2.25
Atty Paid: $172.25 Other Costs:
Plaintiff Paid:
Date: 3/15/13
David D.Buell,Prothonotary
Deputy
REQUESTING PARTY:
Name: JOHN MICHAEL KOLESNIK,ESQUIRE
Address:PHELAN HALLINAN LLP
1617 JFK BOULEVARD,SUITE 1400
PHILADELPHIA,PA 19103
Attorney for: PLAINTIFF
Telephone:215-563-7000
Supreme Court ID No.308877
lr
Phelan Hallinan, LLP n6 j?j JUL 29 AM 9' 16
Jonathan M. Etkowicz, Esq., Id. No.2986�� COUNT y ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400d��`�`�zNSYLVA�d1A
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelai,ihallinan.com
215-563-7000
GMAC MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,
AND ALL PERSONS, FIRMS, OR No.: 12-4873 CIVIL
ASSOCIATIONS CLAIMING RIGHT, TITLE OR
INTEREST FROM OR UNDER EARL W.
WITSIL, DECEASED
Defendant
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on August 6,
2012.
2. Judgment was entered on February 22, 2013 in the amount of$111,955.40. A
true and correct copy of the praecipe for judgment is attached hereto, made part hereof,and
marked as Exhibit"A".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e.bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on September 4, 2013.
785738
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 $109,847.30
Interest Through September 4, 2013 $12,704.75
Late Charges $152.16
Legal fees $1,875.00
Cost of Suit and Title $1,549.75
Property Inspections $33.00
Property Inspections to be paid $115.00
Property Preservation $769.60
Appraisal/Brokers Price Opinion to be paid $95.00
Escrow to be paid $3,362.72
Escrow Deficit $4,203.99
TOTAL $134,708.27
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the 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 July 17, 2013 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant.
A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit"C".
10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that
Judge Albert H. Masland entered an order for Service Pursuant to Special Order dated October 9,
2012 .
785738
WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan,LLP
DATE: By:
-:7
Jon an M. Etkowicz,Esquire
ATTORNEY FOR PLAINTIFF
785738
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
161.7 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
GMAC MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,
AND ALL PERSONS, FIRMS, OR No.: 12-4873 CIVIL
ASSOCIATIONS CLAIMING RIGHT, TITLE OR
INTEREST FROM OR UNDER EARL W.
WITSIL, DECEASED
Defendant
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
EARL W. WITSIL, DECEASED 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 4702 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011-4013. The
Mortgage indicates that in the event of 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
785738
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 Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.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
785738
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 Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
785738
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the'foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the 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.
785738
VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 .
letters, loan documents, account records,title reports and supporting documents,preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344(Pa. Super.
1979). 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
Real , 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
785738
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as
their interests will be divested by the Sheriff's sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
785738
VIII. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may snake reasonable inspections of the property pursuant to the
terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender
may do, or pay for, whatever is reasonable to protect its interest in the collateral, including
property maintenance. Any amounts disbursed by the lender for property inspections and
preservation become additional debt of the borrower secured by the mortgage. The lender may
charge the borrower for services performed in connection with the default, for the purpose of
protecting the lender's interest in the property, including property inspections and valuation
costs.
When a loan is in default, the lender's risk increases. Mortgage companies typically have
a vendor visit the premises to determine if any windows need to be boarded up, if the property is
vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any
problems at the mortgaged premises, then the mortgage company may proceed to take whatever
steps are necessary to secure the collateral, such as boarding windows, winterizing, removing
hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks,
which are referred to in the industry as "property preservation". These services avoid code
violations and avoid the property becoming an eyesore in the neighborhood. Property
preservation helps maintain property values in the neighborhood.
Accordingly, line items included in Motions to Reassess Damages for property
inspections and property preservation represent amounts which the mortgage company has paid
out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract.
Since the terms of the mortgage provide that such expenses by the mortgage company become
785738
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. 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.
Phelan Hallinan,LLP
DATE:
124 -3 By:
Jo an . Etkowicz,Esquire
Attorney for Plaintiff
785738
Exhibit "A"
785738
s
PHELAN HALLINAN,LLP Attorney for Plaintiff
Jonathan Lobb,Esq., Id. No.312174.
1617 JFK Boulevard,,Suite 1400 ATTORNEY RLE COPY
One Penn Center Plaza
P�EAR '
Philadelphia,PA 19103
215-563-7000
GMAC MORTGAGE,LLC CUMBERLAND COUNTY
C)
VS. COURT OF COMMON PLEA$ —�
rn r
UNKNOWN HEIRS,SUCCESSORS, CIVIL DIVISION co -0rQ
ASSIGNS,AND ALL PERSONS,FIRMS, Nr N �°
OR ASSOCIATIONS CLAIMING No.12-4873 CIVIL °
RIGHT,TITLE OR INTEREST FROM ,��' °
OR UNDER EARL W.WITSIL,
DECEASED � Oh
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 UNKNOWN HEIRS,
SUCCESSORS.ASSIGNS.AND ALL PERSONS,FIRMS,OR ASSOCIATIONS
CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER EARL W.WTTSII..
DECEASED.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 $111,955.40
TOTAL $111,955.40
I hereby certify that(1)the Defendant's last known address is 4702 NORTH
CLEARVIEW DRIVE,CAMP HILL,PA 17011-4013,and(2)that notice has been given in
accordance with Rule Pa.R.C.P 237.1.
Date
than Lobb,Esq.,Id.No.312174
ttorney for Plaintiff
DAMAGES ARE I BREBY ASSESSED AS INDICATED.
DATE: a 13 3
PRO OTA1 . • '
291916
Exhibit "B"
785738
PHELAN HALLINAN, LLP
161.7 John.F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallman, LLP Representing Lenders in
Pennsylvania
July 17, 2013
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS,AND ALL PERSONS, FIRMS, OR
ASSOCIATIONS CLAIMING RIGHT,TITLE
OR INTEREST FROM OR UNDER EARL W.
WITSIL,DECEASED
4702 NORTH CLEARVIEW DRIVE
CAMP HILL,PA 17011-4013
RE: GMAC MORTGAGE, LLC v.UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND
ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR
INTEREST FROM OR UNDER EARL W. WITSIL,DECEASED
Premises Address: 4702 NORTH CLEARVIEW DRIVE CAMP HILL,PA 17011
CUMBERLAND County CCP,No. 12-4873 CIVIL
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is,increasing the amount of the judgment.Please
respond to me within 5 days,by 7/23/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Ve 1`y, ours,
nit 3 x Etkowicz,Esq.,Id.No.208786
'Attorney for Plaintiff
Enclosure
785738
Name and Phelan Hallinan,LLP c
Address 1617 JFK Boulevard,Suite 1400 o
Of Sender One Penn Center Plaza
Philadel hi PA 19103 KVM Cq
Line Article Number Name of Address Street and Post Office Address
UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATI NS Posts e w'' Q
CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER EARL W.WITSIL,DECEASED 46
4702 NORTH CLEARVIEW DRIVE fi
CAMP HILL PA 170114013 acM
RE:11NKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS $0.46 0
NOO
CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER EARL W.WITSIL,DECEASED
CUMBERLAND PH#785738A200 Page 1 of 1
fToW mbts of :�Rjm',iwdwpoaofr�Meet Powrnav,Pv(Name of lted by Sends 7719 Ibll deelartaion of»lue is rcgoved to all domestic rtd iraematwnat reQislered mad.the moil
Rmeivioy EmDbYeeJ for the«oo�gnrctiaa of nanneQanbk docswnenu andrr
Express Mail doatmem rccarutruccioa inm
piece subjen toalimil ofS300,000 per acnatence.The ma%imam indetttni }.
The muimum indewiry payabk is;23,000 for rcEislered mail,seal wtd,opfoal tnzvranoa Sx C
R9005913 and S9ll for limiraliom of<ov
Form 3$77 Facsimile
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785738
v
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
joiiathan.etkowicz@phelanhallinan.com
215-563-7000
GMAC MORTGAGE, LLC
• Court of Common Pleas
Plaintiff
V.
Civil Division
UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, CUMBERLAND County
AND ALL PERSONS, FIRMS, OR
ASSOCIATIONS CLAIMING RIGHT, TITLE OR No.: 12-4873 CIVIL
INTEREST FROM OR UNDER EARL W.
WITSIL, DECEASED
Defendant
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 individual on the date indicated below.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS,AND ALL PERSONS, FIRMS, OR
ASSOCIATIONS CLAIMING RIGHT, TITLE
OR INTEREST FROM OR UNDER EARL W.
WITSIL, DECEASED
4702 NORTH CLEARVIEW DRIVE
CAMP HILL, PA 17011-4013
Phelan Hallinan,LLP
DATE: 3 By:
Jon M. Etkowicz, Esquire
ATTORNEY FOR PLAINTIFF
785738
l
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
GMAC MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,
AND ALL PERSONS, FIRMS, OR No.: 12-4873 CIVIL
ASSOCIATIONS CLAIMING RIGHT, TITLE OR
INTEREST FROM OR UNDER EARL W.
WITSIL, DECEASED
Defendant
RULE
AND NOW, this day of ` _2013, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendant shall have twenty (20) days from the date of this Order to file a response to
Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
B COURT
J.
Moo
-G C :r
i
O
785738
1
Jonathan M.Etkowicz,Esq.,Id.No.208786
Phelan Hallinan,LLP
1617 JFK Boulevard, Suite 1400
Philadelphia,PA 19103
TEL: (215) 563-7000
FAX: (215)563-3459
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS, OR
ASSOCIATIONS CLAIMING RIGHT, TITLE
OR INTEREST FROM OR UNDER EARL W.
WITSIL,DECEASED
4702 NORTH CLEARVIEW DRIVE
CAMP HILL, PA 17011-4013
785738
785738
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
GMAC MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
vs. :
CUMBERLAND County
UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,
AND ALL PERSONS, FIRMS, OR No.: 12-4873 CIVIL
ASSOCIATIONS CLAIMING RIGHT, TITLE OR
INTEREST FROM OR UNDER EARL W.
WITSIL, DECEASED
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's July 30, 2013 Rule directing
the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be
c:
granted was served upon the following individual on the date indicated below.
UNKNOWN HEIRS SUCCESSORS, `-i
ASSIGNS, AND ALL PERSONS, FIRMS, OR <Q
ASSOCIATIONS CLAIMING RIGHT, TITLE v)
C:)
OR INTEREST FROM OR UNDER EARL W. ,
WITSIL,DECEASED - ► `:) ^-
4702 NORTH CLEARVIEW DRIVE
CAMP HILL, PA 17011-4013
Phelan roan LLP
DATE: 3 By:
Jon h M. Etkowicz, sq., Id.No.208786
Atto ey for Plaintiff
785738
r"LED-OFFICE
tV T;rL PROTHONOTAR'f
q AUG PHELAN HALLINAN,LLP Attorney for Plainif ' a g
Adam H.Davis,Esq., Id.No.203034 CUMBERLAND COUNTY
1617 JFK Boulevard,Suite 1400 PENNSYLVANIA
One Penn Center Plaza
Philadelphia,PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA
GMAC MORTGAGE,LLC CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
V.
CIVIL DIVISION
UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,
AND ALL PERSONS,FIRMS,OR ASSOCIATIONS No.: 12-4873 CIVIL
CLAIMING RIGHT,TITLE OR INTEREST FROM
OR UNDER EARL W.WITSIL,DECEASED
Defendant(s)
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2
COMMONWEALTH OF PENNSYLVANIA )
PHILADELPHIA COUNTY ) SS:
As required by Pa.R.C.P. 3129.2(a) Notice of Sale has been given to 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 and as amended if
applicable.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 Exhibit"A".
Adam H.Davis,Esq.,Id.No.203034
Date: PIP 3 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 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.
PH#785738
GMAC MORTGAGE,LLC COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
V.
NO.: 12-4873 CIVIL
UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND
ALL PERSONS,FIRMS,OR ASSOCIATIONS
CLAIMING RIGHT,TITLE OR INTEREST FROM OR CUMBERLAND COUNTY
UNDER EARL W.WITSIL,DECEASED
Defendant(s)
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
GMAC MORTGAGE,LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for
the Writ of Execution was filed,the following information concerning the real property located at 4702 NORTH CLEARVIEW DRIVE,
CAMP HILL,PA 17011-4013.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
EARL W.WITSIL 1100 GRANDON WAY,SUITE 528,
MECHANICSBURG,PA 17050-2292
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
UNKNOWN HEIRS,SUCCESSORS, 4702 NORTH CLEARVIEW DRIVE
ASSIGNS,AND ALL PERSONS,FIRMS,OR CAMP HILL,PA 17011-4013
ASSOCIATIONS CLAIMING RIGHT,TITLE
OR INTEREST FROM OR UNDER EARL W.
WITSIL,DECEASED
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(if address cannot be
reasonably ascertained,please indicate)
None.
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
SOVEREIGN BANK 824 NORTH MARKET STREET
SUITE 100
WILMINGTON,DE 19801
SOVEREIGN BANK 450 PENN STREET
READING,PA 19602
SOVEREIGN BANK C/O FISERV LENDING P.O.BOX 2590
SOLUTION CHICAGO,IL 60690
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
PH#785738
reasonably ascertained,please indicate)
TOWNSHIP OF HAMPDEN 230 SOUTH SPORTING HILL ROAD
MECHANICSBURG,PA 17055
HAMPDEN TOWNSHIP C/O KEITH SNELBAKER&BRENNEMAN PC
BRENNEMAN 44 WEST MAIN STREET
MECHANICSBURG,PA 17055
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 Address(if address cannot be
reasonably ascertained,please indicate)
CLEARVIEW FARMS RD 2 BOX 110
EAST BERLIN,PA 17316
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(if address cannot be
reasonably ascertained,please indicate)
TENANT/OCCUPANT 4702 NORTH CLEARVIEW DRIVE
CAMP HILL,PA 17011-4013
COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ.
BUREAU OF INDIVIDUAL TAXES DEPT 280601
INHERITANCE TAX DIVISION HARRISBURG,PA 17128
DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486
CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING
PROGRAM HARRISBURG,PA 17105
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE,PA 17013
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675
DEPARTMENT OF WELFARE HARRISBURG,PA 17105
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 17108-1754
FEDERAL BUILDING
CYNTHIA ANNE WITSIL,IN HER 4569 MANOR DR
CAPACITY AS HEIR OF EARL W.WITSIL, MECHANICSBURG,PA 17055-4933
DECEASED
PH#785738
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 unsworn falsification to authorities.
�y � �,Q c
Date: l By: i�" ��/Lt,�/
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
PHELAN HALLINAN,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza,Philadelphia,PA 19103
215-563-7000
PH#785738
Name and Phelan HnIfirmn,11Y 0
Address 1617 JFK Boulevard,Suite 14011 C4�;
OfSendcr Onc'Pcm Center Plum Is--
Philadelphia,PA 19103 AZKINTAN-0910412013 SALE <6
Line Article Number Name Of Address r
Street,and Post Office Address Postage
I TENANTIOCCUPANT SO.44
4702 NORTH CLEARViFW DRIVE
CAMP HILL,PA 17011,4013
2 CLY-410"IEW I"kabis $0.44
AD 2 90%110 1
"STItERLIN,PA 17316
3 COMMOVWEALTH OF PFN-4.W1.VANX8UREA1J OF ivnivinUAL-rA)(V--;INHERITANCETAX DIVISION SOA4
6TH FLOOR.STRAWBERRY SO,
DEPT 280601
IIARRISRURG EA 11111
4 DEPARTMEN'T�Or V68LIC WELFARE,TPL CASUALTY UNIT,ESTATE REEOVFRY PROGRAM SOA
P.O.BOX 8486
WILLOW OAK BUILDING
HARRISBURG,PA 17105
$ SOVEREIGN BANK SOA4
8
Il
24 NORTH MARKET MEET
.91rrFi00
WILMINGTON.DE 19801
6 SOVEREIGN BANK SO."
450 PENN MEET
READING,PA 1%02
7 SOVEREIGN BANK UO FISURY LENDING SOLUTION SOA4
P.O.BOX 25"
CHICAGO IL
8 CYNTHIA ANNE W17SH, 50A4
45b9 MANOR DR
MECHANICSBURG,PA I'03.r.49M
9 DOMESTIC RELATIONS OF SO.44
CUMBERLAND COUNTY
13 NORTH HANOVER STREET
CARLISLEE,PA 17013
10 COMMONWEALTH OF PENNSYLVANIA SO.44
DEPARTMENT OF WELFARE
P.R.BOX 2675
HARRISBURG.PA I lies
I:fMRNAL REVENUE SERVICE ADVISORV SO.44
1004 LtUtRTY AVENUE BOOM 704
Pn-mBURCII,PA I-q22
U-19.DITAR"iENT OFAISTICE SO.44
U.q.ATTOR%FV FOR 711tMID111-F D12MIMOF PA
FEDERAL BUILDING
229 WALNUT STREET,SUITE 220
PO BOX 11154
HARRISBURG,IA 17108-1754
R.E.UNKNOW]N,pg�tlt!�
,, SUr-CESSORS;,ASS1GNSAND-ALL PERSON$,FIRMS,OR ASSOCIATIONS $5.29
`'Ctk][MINCMGHT,TITLE OR INTEREST FROM OR iN]j�E-R-EA71ijL-W.WMILtDf-,CeASFI)
(CUMBERLAND) PHS N 29191611021 Pa I Of I Writ Team
Namc and Phelan tlaHinan,UJI r+
Addtr-;s 1617 J177K Doalevaid,Suite 14017 }n
OtSendur OrRc Penn Center Pima
Philudell0itu,PA 19103 AZKWAN-0944=3 SALE
Line Artidu`cumber Name ofAd(fressim Stre and Past OMce AAGr Pn xa u uk
$0,44
1702NOkT9tC7.T,ARVtP.wnRnm, 1�� :� a
C."811..1.PA 1700114013 F +�
2 ryas CLPARVIFWFA01S $0.44 uS Own
RD 2 BOX 110 5 rwcl p
FAST RMU.K PA 17311 „r
3 •trs tW MIUNWt:ALTH0 FVhN"YLVANIA81JUVALOFIRII IVIIJIJ&L TAXES IN3IFRUTANCETAXDIVISION $0.44
M VI.00R,MAMMAY SQ.
DEPT 294601 .
)JA RI.SRU G 1712A
4 • +• DF.PAR'PA7FNT OF PUHLIC IR ELVARF,TPL CASIJALTY UN*M FS'TATP,RECOVERY PROGRAM $0.44
P.O.Box 94"
1 4Ylt.3A3\Y(tA3t llU11.U3NCi
HARRISAURG PA 17105 "
S +++. SOVIMEIGN BANK $0.44 p 19 Pp�
R24 NORTH MARRF"T CTRIZ" ;c>
SUITE IM 1 v
St1t ZfINt1TO'!3E Iml .+
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` 450 PF.N3 S3 RF.fT'
RP,ADING PA 19W2 _
7 :r+kt , SOVFRMCN RANK CIO WRRV LENIIINGS01,UT3O1 $0.14 �.„.-
P.Q ROx 2546
CHlCAf.£1,U.,60646
- xssw .' (,%-T-Mi)A ANNE WITSIt.. w W $0,44
4569 MANOR.DR t
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9 �.«. DONIP.MCRELATIDNS OP l $0.44
C"11IRVI AND COUNTY
13.NORTH HANOVER STRPET
CARLISLFIPA 17613
10 •1g• COW IONXVF,A I.TNOFP£Ni+(WVA-914 SO.44
DEPARTMENT OF UT IFARE
P.O.PON 2475
11ARKISRURC,PA 17305
INTFRNALRFVEYL'PSERVICEADVISORY SO.44
} 10#01dDERPYAVFA1X ROOM 104
_ PTl7'Sl VRGii,PA 35229____
12 w•ss u4.DFPAwmwrOFIUSTI& 50.44
U.S.ATTORNEY FOR DIE MR)DLE DISTRM'rOF PA ,
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311 A&ALNL T ST F",SUITE 2m
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PH#785738
C" THE PRO T;-1 ONO IAfi
Phelan Hallinan, LLP 21013 AUG 21
1 '
Jonathan Lobb,Esq.,Id. No.312174 23ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNT'
One Penn Center Plaza PENNSYLVANIA
Philadelphia,PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
GMAC MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
vs.
CUMBERLAND County
UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,
AND ALL PERSONS, FIRMS, OR No.: 12-4873 CIVIL
ASSOCIATIONS CLAIMING RIGHT, TITLE OR
INTEREST FROM OR UNDER EARL W.
WITSIL, DECEASED
Defendant
MOTION TO MAKE RULE ABSOLUTE
GMAC MORTGAGE, LLC, by and through its attorney, hereby petitions this Honorable
Court to make Rule to Show Cause absolute in the above-captioned action, and in support
thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on July 29, 2013.
2. 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 July 17, 2013 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the
Defendant. True and correct copies of Plaintiff s letter pursuant to Local Rule 208.3(9) and
certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A.
3. A Rule was issued by the Honorable Albert H. Masland on or about July 30, 2013
directing the Defendant to show cause by August 19, 2013 why the Motion to Reassess Damages
should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof,
and marked Exhibit B.
785738
4. The Rule to Show Cause was timely served upon all parties on August 9,2013 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 C.
5. Defendant failed to respond or otherwise plead by the Rule Returnable date of
August 19, 2013.
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
Phelan Hallinan, LLP
DATE: By:
nathan Lobb, Esq., Id.No.312174
Attorney for Plaintiff
785738
"A"
Exhib.tt
785738
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
July 17,2013
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS,FIRMS, OR
ASSOCIATIONS CLAIMING RIGHT,TITLE
OR INTEREST FROM OR UNDER.EARL W.
WITSIL,DECEASED
4702 NORTH CLEARVIEW DRIVE
CAMP HILL,PA 17011-4013
RE: GMAC MORTGAGE,LLC v.UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND
ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR
INTEREST FROM OR UNDER EARL W. WITSIL,DECEASED
Premises Address: 4702 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011
CUMBERLAND County CCP,No. 12-4873 CIVIL
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is,increasing the amount of the judgment. Please
respond to me within 5 days,by 7/23/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Ve 'uly yours,
011ath n Etkowicz,Esq.,Id.No.208786
Attorney for Plaintiff
Enclosure
785738
Name and Phelan FEUou ,LLP
Boulevard, CSt! o
Address 1617 IFK Boulevard,Suite 1400
Of Sender One Penn Center Plaza
Philadcl hi PA 191.03 KVM �
Line Article Number Name of Addressee Strte and Post Office Address postage w yy
1 •"*" UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS S0.4b
CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER EARL W.WITSIL,DECEASED ;
4702 NORTH CLEARVIEW DRIVE
CAMP HILL PA 17011-4013
RE:UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS $0.4(3
CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER EARL W.WITSIL,DECEASED
CUMBERLAND PH#785738!1200 Page 1 of 1 !)
Taal Number of Tat)Namtw of 1'10M Pmtmasa,Per(Name of TM full dechratton of wlua a required mn all dotnettie and imarunonal regWcred mail.TM rnaau " 1
Preen t.isied by Sender tea wd a Pad oirrmu Reuitvrg Employee) forthe recoornmimn of nnmoegauble documenu umber EVM64 Mail document reeontauerl m mu._ �o •:,± I
piece sotom to a limit of 4300,000 per occurrence.The maximum mden nny payable on Exwm M fi
The maximum indemnity piyibte is 513.000 for registered mail•am with opfonal insurance,See&A i
R90a 5913 mid 5921 for limiatiom of corm t
Form 3877 Facsimile a.
785738
Li
Exhibit "B"
785738
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
GMAC MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,
AND ALL PERSONS, FIRMS, OR No.: 12-4873 CIVIL
ASSOCIATIONS CLAIMING RIGHT,TITLE OR
INTEREST FROM OR UNDER EARL W.
WITSIL,DECEASED
Defendant
RULE
AND NOW,this .3 0% day of T 2013, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess
Damages.
Defendant shall have twenty (20) days from the date of this Order to file a response to
Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled.on this matter.
BY THE COURT
A rl
I Ins"I
yl
c�
Y «,
785738
Exhibit "C"
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia;PA-191-03--_.._
jonathan.etkowicz@phelanhallinan.com
215-563-7000
GMAC MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
VS.
CUMBERLAND County
UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,
AND ALL PERSONS, FIRMS, OR No.: 12-4873 CIVIL,
ASSOCIATIONS CLAIMING RIGHT, TITLE OR
Aw� R
IN'T'EREST FROM OR UNDER EARL W.
WITSIL, DECEASED
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's July 30,2013 Rule directing
the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be
granted was served upon the following individual on the date indicated below.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS,AND ALL PERSONS,FIRMS,OR
ASSOCIA'I'l ON"-,C�,LAj,N4AN.Q RIGHT,.TI'T'LE
OR INTEREST FROM OR UNDER EARL W. W
WITSIL,DECEASED ~�
4702 NORTH CLEARVIEW DRIVE
CAMP HILL,PA 17011-4013
m_
Phelan I allinan�LLP
DATE: __ .:€fir, By' l
..,.W.. ...�..,. zs .,.ws✓
JonatlaadM, (.`sq., Id.No.208786
Attorney for Plaintiff
785738
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA_ 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
GMAC MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
vs.
CUMBERLAND County
UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,
AND ALL PERSONS, FIRMS, OR No.: 12-4873 CIVIL
ASSOCIATIONS CLAIMING RIGHT, TITLE OR
INTEREST FROM OR UNDER EARL W.
WITSIL, DECEASED
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute
was served upon the following individual on the date indicated below.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS,AND ALL PERSONS, FIRMS, OR
ASSOCIATIONS CLAIMING RIGHT, TITLE
OR INTEREST FROM OR UNDER EARL W.
WITSIL,DECEASED
4702 NORTH CLEARVIEW DRIVE
CAMP HILL,PA 17011-4013
Phelan Hallinan, LLP
DATE: hell-3 By:
J906ihan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
785738
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
GMAC MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
VS.
CUMBERLAND County
UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,
AND ALL PERSONS, FIRMS, OR No.: 12-4873 CIVIL
ASSOCIATIONS CLAIMING RIGHT, TITLE OR
INTEREST FROM OR UNDER EARL W.
WITSIL,DECEASED
Defendant
ORDER
AND NOW,this ;?.> day ofOOJ�r-*,IZ013, 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 $109,847.30
Interest Through September 4,2013 $12,704.75
Late Charges $152.16
Legal fees $1,875.00
Cost of Suit and Title $1,549.75
Property Inspections $148.00
Property Preservation $769.60
Appraisal/Brokers Price Opinion $95.00
Escrow to be paid $3,362.72
785738
x
Escrow Deficit $4,243.99
TOTAL $134,748.27
Plus interest 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:
J.
C—"
—0 vc3
7:-
=.C:) x
eo --c CP
A
.
io
785738
OF Tlpll�ED-QFFICE
PHELAN HALLINAN,LLP IE PfZ0'H()1q0TARY
Attorney for Plaintiff 20113SEP -4 A"10: 22
1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY
One Penn Center Plaza PENNs YLVANIA
Philadelphia,PA 19103
215-563-7000
GMAC MORTGAGE, LLC
CUMBERLAND COUNTY
Plaintiff COURT OF COMMON PLEAS
vs. CIVIL DIVISION
UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, NO. 12-4873 CIVIL
AND ALL PERSONS,FIRMS, OR
ASSOCIATIONS CLAIMING RIGHT, TITLE OR
INTEREST FROM OR UNDER EARL W.
WITSIL, DECEASED
Defendant
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PURSUANT TO P.R.C.P.,404(2)/403
1 hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above
captioned matter was sent by regular mail to UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,
AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR
INTEREST FROM OR UNDER EARL W. WITSIL,DECEASED on APRIL 1, 2013 in
accordance with the Order of Court dated OCTOBER 9,2012. The property was posted on
MARCH 24,2013. Publication was advertised in THE SENTINEL on APRIL 4, 2013 &in TE
CUMBERLAND LAW JOURNAL on APRIL, 12, 2013.
The undersigned understands that this statement is made subject to the penalties of 18
Pa.C.S. §4904 relating to the unsworn falsification to authorities.
Phelan Hallinan, LLP
DATE: a, By:
Jona n Lobb, sq., Id. No.312174
Attorney for Plaintiff
r
l
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
t' GMAC MORTGAGE, LLC COURT OF COMMON PLEAS
CIVIL DIVISION
Vs.
NO. 12-4873 CIVIL
UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,
AND ALL PERSONS,FIRMS, OR CUMBERLAND COUNTY
ASSOCIATIONS CLAIMING RIGHT,TITLE OR
INTEREST FROM OR UNDER EARL W.
WITSIL,DECEASED
ET AL.
ORDER
AND NOW,"this �' day of C/ a ,2012, upon consideration of
Plaintiff's Motion for Service Pursuant to Special Order of court,it is hereby;
ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of
Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the Defendant, UNKNOWN
HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER EARL W. WITSIL,
DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by
mailing a true and correct copy of the Complaint by Regular mail. Service by snail is complete
upon the date of mailing, and by posting the mortgaged premises at 4702 NORTH
PHS#291916/SNM
CLEARVIEW DRIVE, CAMP HILL, PA 17011-4013 by the Sheriff or by a nonparty
competent adult.
It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a
certificate of service with the Prothonotary's office to assure compliance with this court order.
BY THE COURT;
J.
*Prior to fulfilling the requirements of service of Notice of Sale as set forth in this Order,Plaintiff must first attempt
service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the event this attempted service is not successful,
Plaintiff may proceed with service of the Notice of Sale in conformity with this Order.
fit C-
ti CD s
C
PHS#291916/SNM
Name and PHELAN HALLINAN&SCHMIEG G M
Address One Penn Center at Suburban,Suite 1400 o
of Sender Philadelphia,PA 19103
z 1 o
Line Article Name of Addressee,Street,and Post Office Address Postage i
Number 1 111 C a
Uj
1 '"` UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS E o,
LAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER EARL W.WITSIL,DECEASED l� o
702 NORTH CLEARVIEW DRIVE
AMP HILL,PA 17011-4013 Cd a—No
0
2 **** Noo
3 ****
1
4 ****
5 x '
6 ****
g ****
9 ****
10 ****
11 ****
12 % EARL W.WITSIL,DECEASED
PHS#291916
Total Number of Total Number of Pieces Postmaster,Per(Name of Receiving
Pieces Listed by Sender Received at Post Office Employee)
LXH- *NOTICE OF SALE: CERTIFICATE OF MAILING*
CODE: 1020
AFFIDAVIT OF S VICE(FHLMC)
PLAINTIFF CUMBERLAND COUNTY
GMAC MORTGAGE,LLC
PHS#291916
D6ENDANT SERVICE TEAM/lxh
UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL COURT NO.:12-4873 CIVIL
PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,
TITLE OR INTEREST FROM OR UNDER EARL W.WITSIL,
DECEASED
SERVE UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL TYPE OF ACTION
PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, XX Notice of Sheriff's Sale
TITLE OR INTEREST FROM OR UNDER EARL W.WITSIL, SALE DATE: September 4,2013
DECEASED AT:
4702 NORTH CLEARVIEW DRIVE
CAMP HILL,PA 17011-4013
**Please post property with Notice of Sale in accordance with Court
Order**
SERVED
Served and made known to UNKNOWN HEIRS SUCCESSORS ASSIGNS AND ALL PERSONS FIRMS OR
ASSOCIATIONS CLAIMING RIGHT TITLE OR INTEREST FROM OR UNDER EARL W. WITSIL
DECEASED,Defendant on the day of r 20 ,at
o'clock P.M.,at � ' t the manner described below:
_Defendant p rsonally ss r&T.
—Adult family member with whom Defendant(s)reside(s).
Relationship is
_Adult in charge of Defendant'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 office or usual place of business.
ap off3,��r of said efendant's company.
Other: C9 ��r
Description: Age Height Weight Race Sex Other
I, U� r a competent adult,hereby verify that I personally handed a true and correct copy of the
Notice of Sale in the manner as set forth herein,issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to
unsworn falsification to authorities.
DATE: 3 NAME:
IiD it
PRINTED NA E:
TITLE: cee" f'd'1�
NOT SE VED
On the day f 20_,at o'clock_.M.,I, a competent adult hereby
state that be1`endant NOT FOUND because:
Vacant _Does Not Exist _ Moved _Does Not Reside(Not Vacant)
No Answer on at at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
AT'T'ORNEY FOR PLAINTIFF
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
(215)563-7000
ca
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Ron Thayer,Sales Manager, of The Sentinel,of the County and State aforesaid,being
duly sworn, deposes and says that THE SENTINEL,a newspaper of general circulation
in the Borough of Carlisle,County and State aforesaid,was established December 13th,
1881, since which date THE SENTINEL has been regularly issued in said County,and
that the printed notice or publication attached hereto is exactly the same as was printed
and published in the regular editions and issues of
THE SENTINEL on the following day(s):
April 4,2013
COPY OF NOTICE OF PUBLICATION
• f
NOTICE OF SHERIFF'S SALE
IN THE COURT OF COMMON PLEAS Affiant further deposes that he/she is not
OF CUMBERLAND COUNTY,PENNSYLVANIA
NO.12-4873 CIVIL interested in the subject matter of the
GMAC MORTGAGE,LLC aforesaid notice or advertisement, and that
Vs.
UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS, om alle ations in the fore statement as
FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST g foregoing
FROM OR UNDER EARL W.WITSIL,DECEASED to time,place and character of publication
NOTICE TO:UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL are true.
PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR
INTEREST FROM OR UNDER EARL W.WITSIL,DECEASED
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
Being Premises:4702 NORTH CLEARVIEW DRIVE,CAMP HILL,PA {
17011-4013
Being in HAMPDEN TOWNSHIP,County of CUMBERLAND,Commonwealth
of Pennsylvania,10-21-0279-113
Improvements consist of residential property.
Sold as the property of UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND
ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR
IN1 EREST FROM OR UNDER EARL W.WITSIL,DECEASE Sworn t and su ibed before me this
Your house(real estate)at 4702 NORTH CLEARVIEW DRIVE,CAMP HILL,
?A 17011-4013 is scheduled to be sold at the Sheriffs Sale on 09/04/2013 I
at 10:00 AM,at the CUMBERLAND County Courthouse,1 Courthouse,
Square,Carlisle,PA 17013,to enforce the Court Judgment of$111,955.40
dbtained by,GMAC MORTGAGE,LLC(the mortgagee),against the above
premises.
4
PHELAN HALLINAN,LLP
Atterney for Plaintiff
Notary Public
My commission expires:
NOTARIAL SEAL
BAMBI ANN HECKENDORN
Notary Public
CARLISLE BGROUGH, CUMBERLAND CNTY
My Commission Expires Jan 27, 2014
ti
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
April 12, 2013
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.
L a Marie Coyne, Eddor
SWORN TO AND SUBSCRIBED before me this
12 day of April, 2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public,
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
t �
CUMBERLAND LAW JOURNAL
NOTICE OF SHERIFF'S SALE PHELAN HALLINAN,LLP
Attorneys for Plaintiff
In the Court of Common Pleas of Apr. 12
Cumberland County,Pennsylvania
NO. 12-4873 CIVIL
GMAC MORTGAGE,LLC
vs.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS,AND ALL PERSONS,
FIRMS,OR ASSOCIATIONS
CLAIMING RIGHT,TITLE OR
INTEREST FROM OR UNDER EARL
W.WITSIL,DECEASED
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
NOTICE TO: UNKNOWN HEIRS,
SUCCESSORS, ASSIGNS, AND
ALL PERSONS, FIRMS, OR AS-
SOCIATIONS CLAIMING RIGHT,
TITLE OR INTEREST FROM OR
UNDER EARL W. WITSIL, DE-
CEASED
Being Premises: 4702 NORTH
CLEARVIEW DRIVE,CAMP HILL,PA
17011-4013.
Being in HAMPDEN TOWNSHIP,
County of CUMBERLAND, Com-
monwealth of Pennsylvania, 10-21-
0279-113.
Improvements consist of residen-
tial property.
Sold as the property of UNKNOWN
HEIRS, SUCCESSORS, ASSIGNS,
AND ALL PERSONS, FIRMS, OR
ASSOCIATIONS CLAIMING RIGHT,
TITLE OR INTEREST FROM OR UN-
DER EARL.W.WITSIL,DECEASED.
Your house (real estate) at 4702
NORTH CLEARVIEW DRIVE, CAMP
HILL,PA 17011-4013 is scheduled to
be sold at the Sheriff's Sale on Sep-
tember 4,2013 at 10:00 A.M.,at the
CUMBERLAND County Courthouse,
1 Courthouse Square, Carlisle, PA
17013, to enforce the Court Judg-
ment of $111,955.40 obtained by,
GMAC MORTGAGE, LLC (the mort-
gagee), against the above premises.
7
�HERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson --4
Sheriff
.•.41,0t-CCu z Crt C) * }
Jody S Smith z
Chief Deputy op CD`;r
r--
Richard W Stewart <C3 "A7 cD-I
Solicitor oFF CE or THE SHERIFF e =' :•-
. )
GMAC Mortgage, LLC Case Number
vs. 2012-4873
Earl W Witsil, Deceased, Unknown Heirs Successors Assigns and All Persons
SHERIFF'S RETURN OF SERVICE
06/25/2013 05:55 PM- Deputy Noah Cline, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 4702 North Clearview Drive, Hampden -Township,
Camp Hill, PA 17011, Cumberland County.
06/25/2013 06:55 PM - Deputy Noah Cline, being duly sworn according to law, attempted service to the Defendant, to
wit: Earl W Witsil, Deceased, Unknown Heirs Successors Assigns and All Persons at 4702 North
Clearview Drive, Hampden Township, Camp Hill, PA 17011. The address was found to be vacant.
07/15/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and
inquiry for the within named Defendant,to wit: Unknown Heirs, Successors Assigns and All Persons,
Firms or Associtaions Claiming Right Title or Interest From or Under Earl Witsil Deceased, but was
unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice
and Description, in the above titled action, as"Not Found"at 4702 North Clearview Drive, Hampden
Township, Camp Hill, PA 17011, property is vacant.
09/04/2013 Ronny R. Anderson, Sheriff, 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
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on September 04, 2013 at
10:00 a.m. He sold the same for the sum of$45,000.00 to Attorney Joseph Schalk on behalf of GMAC
Mortgage, LLC, being the buyer in this execution, paid to the Sheriff the sum of
SHERIFF COST: $2,172.60 SO ANSWERS,
October 01, 2013 RONINK ANDERSON, SHERIFF
1l‘ fd
a9f
(c}CauntySuite Sheriff Teleesoft,Inc.