HomeMy WebLinkAbout12-5221°r GTHONOTA[tiy
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?U1BERLAND COUNTY
ENNSYLVANIA
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
NATIONSTAR MORTGAGE, LLC
350 HIGHLAND DRIVE
LEWISVILLE, TX 75067
Plaintiff
V.
JODY L. BITNER A/K/A JODY L. RHODY
1481 NEWVILLE ROAD
CARLISLE, PA 17015-9499
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
. Saa? ?vl?
NO. la
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 285628
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NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL' SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
File #: 285628
1. Plaintiff is
NATIONSTAR MORTGAGE, LLC
350 HIGHLAND DRIVE
LEWISVILLE, TX 75067
2. The name(s) and last known address(es) of the Defendant(s) are:
JODY L. BITNER A/K/A JODY L. RHODY
1481 NEWVILLE ROAD
CARLISLE, PA 17015-9499
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 07/20/2007 JODY L. BITNER made, executed and delivered a mortgage upon the
premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICAN BROKERS
CONDUIT which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Book 2000, Page 4521. By Assignment of
Mortgage recorded 01/18/2012 the mortgage was assigned to AURORA BANK FSB
which Assignment is recorded in Assignment of Mortgage Instrument No. 201201694.
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 08/01/2011 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
File #: 285628
by written notice sent to Mortgagor, the entire principal balance and all interest due
6
thereon are collectible forthwith.
The following amounts are due on the mortgage
Principal Balance $128,934.11
Interest
07/01/2011 through 08/13/2012 $12,412.84
Property Inspections $267.00
Property Preservations $0.00
Appraisal/BPO $0.00
Non Sufficient Funds Charge $0.00
Escrow Deficit $1,959.38
Subtotal $143,573.33
Suspense Credit ($1,128.07)
Escrow Credit $0.00
TOTAL $142,445.26
7.
8
Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendant(s) on
the date(s) set forth thereon.
File #: 285628
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$142,445.26, 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 & 5C NMMG, LLP
Allison `Wells, Esquire
Attorne or Plaintiff
File #: 285628
LEGAL DESCRIPTION
ALL than certain house and lot of ground situate in North Middleton Township, Cumberland
County, Pennsylvania, bounded and described as follows:
ON the South by Highway Route No. 641; on the East by the Meadowbrook Road; on the North
by land now or formerly of Charles M. Williams, Sr. and Elizabeth L. Williams, his wife; on the
West by:'property now or formerly of Clarence T. and Addie E. Shughart.
HAVING a frontage on Highway Route No. 641 of 200 feet and a frontage on the Meadowbrook
Road of '163.2 feet.
BEING Lots Nos. 1 and 2 on the Plan of Lots of Charles M. Williams recorded in the Office of
the Recorder of Deeds in Cumberland County, Pennsylvania in Plan Book 4, Page 12.
HAVING erected on Lot No. 2 a frame dwelling house known and numbered as 1481 Newville
Road, Carlisle, Pennsylvania.
BEING THE SAME PREMISES which L. Ronald Hoover and Bonnie Lou Hoover, his wife, by
Deed dated June 11, 1970, and recorded June 16, 1970, in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in Deed Book R, Volume 23, Page 235, granted and
conveyed unto Norman L. Chronister and Berta L. Chronister, his wife, Grantors herein.
PROPORTY ADDRESS: 1481 NEWVILLE ROAD, CARLISLE, PA 17015-9499
PARCEL, # 29-19-1653-015.
File #: 285628
VERIFICATION
're Cook, hereby states that he/she is Assistant Secretary of NATIONSTAR
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 andicorrect 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: 11 1311),
File#: 2$5628
Name: OITNER
L ?1i311a
Name: T fey Cook
Title: Assistant Secretary
NATIONSTAR MORTGAGE, LLC
File #: 285628
FORM 1
IN THE COURT OF COMMON PLEAS
NATIONSTAR MORTGAGE, LLC OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s) f?
vs.
-
JODY L. 'BITNER A/K/A JODY L. RHODY cn? €
rj
??
Defendant(s) Civil rte- __.
NOTICE OF RESIDENTIAL MORTGAGE FORECL y-? RF CDC-)
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause )ou 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 a lawyer, 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) 2439400
extension'22510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once youihave been appointed a legal representative, you must promptly meet with that legal representative within
twenty (29) days of the appointment date. During thatmeeting, you must provide the legal representative with all
requested (financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representaGtive complete a financial worksheet in the format attached herdo, the legal representative will prepare and 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 conferenceis scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender bef re 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 requested finaicial 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
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 outeasonable
arguments) with your lender before the mortgage foreclosure suit proceeds forward.
I YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIR D BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date
Allison F. Wells, Esquire
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberlhand County Court of Common Pleas Docket #
BORROW ER 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 counseling agency. Please provide the following information to
the best Of your knowledge:
City:
Is the property for sale?
Realtor Name:
Borrowe Occupied?
Mailing ddress (if different):
City:
Phone Numbers:
Email:
# of oeorble in household:
Mailing Address
City:
Phone Numbers
Home:
Cell:
Office:
Other:
State: Zip:
Email:
# of people in household: How long?
First Mortgage Lender:
Type of Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Fast Payment:
Primary Reason for Default:
State: Zip:
Yes El No ? Listing date: Price: $
Realtor Phone:
Yes ? No ?
Home:
Cell:
State: Zip:
Office:
Other:
How long?
Date You Closed Your Loan:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model:
Amount owed: Value:
Automobile 42: Model:
Amount 'owed: Value:
Other transportation (automobiles, boats, motorcvcles): Model:
Year: Amount owed: Value
Monthl Income
Name of Employers:
Monthly Gross
2. Monthly Gross
3. Monthly Gross
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Year:
Year:
Monthly Net.
Monthly Net.
Monthly Net
Borrower Pay Days: Co-Borrower Pay Days:
Monthlyl Expenses: (Please only include expenses you are currently paying)
EXPEN 'E AMOUNT EXPENSE AMOUNT
Mortgage Food
2° Mort a e Utilities
Car Pa ent(s) Condo/Nei h. Fees
Auto Insurance Med. not covered)
Auto fue /repairs Other prop. payment
Install. L an Payment Cable TV
Child Su ort/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 F-1
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
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
delinqueicy?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's! Contact (Name):
Servicing Company (Name):
Contact: Phone:
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 counseling services provided by the above named
Borrower Signature
Date
Co-Borrower Signature
Date
Please forward this document along with the following information to lender and lender's
counsel•
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. dopy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
10tter)
6. Listing agreement (if property is currently on the market)
r ..
.... ~-
PHELAN HALLINAN & SCHMIEG,~LLl~~ ~` ' `- s~~~1~1 ~~~' ~•~~•~~ ~~ Attorney for Plaintiff
Zachary Jones, Esq., Id. No.310721
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 191.03
215-563-7000
NATIONSTAR MORTGAGE, LLC
vs.
JODY L. BITNER
A/K/A JODY L. RHODY
r, .
,.,, ~ .
~; ; ~ l_~,~; P~ E is
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
No.12-5221-CIVIL
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 JODY L. BITNER A/K/A
JODY L. RHODY, Defendant 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
TOTAL
$142,445.26
$142,445.26
I hereby certify that (1) the Defendant's last known addresses are 1481 NEWVILLE
ROAD, CARLISLE, PA 17015-9499 and 80 ALTERS ROAD, CARLISLE, PA 17015, and (2)
that notice has been given in accordance with Rule Pa.R.C.P 237.1.
Date l !/ ~/ `~
~•~
~,;~-,~ ~2Nlt ~~ a
DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~
DATE: 1 ~ 1
~a 3~~
o c~ ~~-~
ROTHONOTARY
285628
PHELAN HALLINAN & SCHMIEG, LLP
Zachary Jones, Esq., Id. No.310721
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Attorney for Plaintiff
Philadelphia, PA 19103
215-563-7000
NATIONSTAR MORTGAGE, LLC
vs.
JODY L. BITNER
A/K/A JODY L. RHODY
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
No.12-5221-CIVIL
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge
of the following facts, to wit:
(a) that the defendant is not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of
Congress of 1940, as amended.
(b) that defendant JODY L. BITNER A/K/A JODY L. RHODY is over 18 years
of age and resides at 1481 NEWVILLE ROAD, CARLISLE, PA 17015-9499 and 80 ALTERS
ROAD, CARLISLE, PA 17015.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date ~(
285628
(Rule of Civil Procedure No. 236) -Revised
NATIONSTAR MORTGAGE, LLC CUMBERLAND COUNTY
vs. COURT OF COMMON PLEAS
JODY L. BITNER CIVIL DIVISION
A/K/A JODY L. RHODY .
No.12-5221-CIVIL
Notice is given that a Judgment in the above captioned matter has been entered
against you on ~ a.
~~
If you have any questions concerning this matter please contact:
Phelan Hallinan & Schmieg, LLP
Zachary Jones, Esquire
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
* * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT
ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. **
285628
NATIONSTAR MORTGAGE, LLC
Plaintiff
v.
JODY L. BITNER, A!K/A JODY L. RHODY
Defendant(s)
TO: JODY L. BTTNER, A/K/A JODY L. RHODY
1481 NEWVILLE ROAD
CARLISLE, PA 17015-9499
DATE OF NOTICE:.. ~~,~.,~~
COURT OF COMMON PLEAS
CIVIL DNISION
NO. 12-5221-CNIL
CUMBERLAND COUNTY
THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOti ARE IN DEFAULT BECAUSE YOU HAVE FAII,ED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THLS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOi.J DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HII2E A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WTI'H INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
J than Lobb, Esq., Id. No.312174
ttprriey for Plaintiff
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
PHS # 285628
NATIONSTAR MORTGAGE, LLC
Plaintiff
v.
10DY L. BTI'NER, A/K/A JODY L. RHODY
Defendant(s)
TO: JODY L. BITNER, A/K/A JODY L. RHODY
80 ALTERS ROAD
CARLISLE, PA 17015 / j
DATE OF NOTICE: ~~ ! s.'~'']~.~ I~--
COURT OF COMMON PLEAS
CIVIL. DIVISION
CUMBERLAND COUNTY
NO. 12-5221-CIVIL
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII.,ED 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 TF,N DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717)240-6195
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
/R-r
By: ~ ~
J than: Lobb, Esq., Id. No.3121 4
tiorn~y for Plaintiff
Phelan Hallinan & Schmieg, LLP
1.617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
PHS # 285628
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
NATIONSTAR MORTGAGE,LLC
Plaintiff COURT OF COMMON PLEAS
V. CIVH,DIVISION
JODY L. BITNER A/K/A JODY L.RHODY NO.: 12-5221-CIVIL,
Defendant(s)
CUMBERLAND COUNTY
To the Prothonotary:
Issue writ of execution in the above matter:
' C
Amount Due % ch J '1
142 445.26
Interest from 11/17/2012 to Date of Sale rp q r*t
($23.42 per diem) $6,838.6 Zx �*
Nf C)c?
z
TOTAL <� ss C)_n
Dc� ZC
149283. 0 Zo,
4 'fV
P allinan,LLP
hn Michael Kolesnik,Lsq.,Id.No.308877
Attorney for Plaintiff '
Note: Please attach description of property.
PHS#285628
O
1OS, 75
1(p . Sb " u
� aoy. 15 aIIA
le i# �a
LEGAL DESCRIPTION
ALL that certain house and lot of ground situate in North Middleton Township,Cumberland County,
Pennsylvania,bounded and described as follows:
ON the South by Highway Route No.641;on the East by the Meadowbrook Road;on the North by land now
or formerly of Charles M.Williams,Sr.and Elizabeth L.Williams,his wife;on the West by property now or
formerly of Clarence T.and Addie E.Shughart.
HAVING a frontage on Highway Route No.641 of 200 feet and a frontage on the Meadowbrook Road of
163.2 feet.
BEING Lots Nos. 1 and 2 on the Plan of Lots of Charles M.Williams recorded in the Office of the Recorder
of Deeds in Cumberland County,Pennsylvania in Plan Book 4,Page 12.
TITLE TO SAID PREMISES VESTED IN Jody L.Bitner,single woman,by Deed from Norman L.
Chronister and Berta L.Chronister,hlw, dated 07/20/2007,recorded 07/2512007 in Book 281, Page 595
PREMISES BEING: 1481 NEW MLLE ROAD,CARLISLE,PA 17015.9499
PARCEL NO.29-19-1653-015.
PHELAN HALLINAN, LLP
John Michael Kolesnik, Esq., Id. No.308877 Attorneys for Plaintiff
1.6177FK Boulevard, Suite 1400 'OFTHELP 07Hp►�p`TARY
One Penn Center Plaza
Philadelphia, PA 19103 2013 APR 18 914 Ip: 30
215-563-7000
CUMBERLAND COUNTY
NATIONSTAR MORTGAGE, LLC PENNSYLVANIA
Plaintiff COURT OF COMMON PLEAS
V.
CIVIL DIVISION
JODY L. BITNER A/KIA JODY L. RHODY NO.: 12-5221-CIVIL
Defendant(s)
CUMBERLAND COUNTY
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
( ) the premises is vacant
( ) Act 91 procedures have been fulfilled
(X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1.197, 41 Pa.B. 3943
This certification is made subject to the penalties of 1.8 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By: i
Phel ' Hallinan,LLP
John Michael Kolesnik, Esq.,Id.No.308877
Attorney for Plaintiff
NATIONSTAR MORTGAGE, LLC F IL _O-OFFICE COURT OF COMMON PLEAS
Plaintiff OF THE r ROTHONOTAFi r:
CIVIL DIVISION
V. 2013 APR 18 AM 10" 30 :
BERLANO COUNTY: NO.: 12-5221-CIVIL
JODY L. BITNER A/K1A JODY L. RAa�P '
Defeadant(s) PENNSYLVANIA
CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
NATIONSTAR 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 1481 NEW VILLE ROAD,
CARLISLE,PA 17015-9499.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
JODY L.BITNER AIR/A JODY L.RHODY 80 ALTERS ROAD
CARLISLE,PA 17015
2, Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
JODY L.BITNER A/K/A JODY L.RHODY 80 ALTERS ROAD
CARLISLE,PA 17015
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)
KRISTI LAUGH 20 EAST COOVER STREET
APARTMENT A
MECHANICSBURG,PA 17055
KRISTI RAUGH 5020 BITTER RD STE 104
C/O JOHN M.KERR,ESQUIRE MECHANICSBURG,PA 17055
DISCOVER BANK 12 READS WAY
NEW CASTLE,DE 19720
DISCOVER BANK 6500 NEW ALBANY ROAD
NEW ALBANY,OH 43054
DISCOVER BANK WELTMAN WEIN13ERG ET AL
C/O JAMES C.WARMBRODT,ESQUIRE 436 SEVENTH AVE STE 1400
PITTSBURGH,PA 1.52191827
GE CAPITAL RETAIL BANK 950 FORRER BLVD
KETTERING,OH 45420
GE CAPITAL,RETAIL BANK PATENAUDE&FELIX APC
C/O GREGG I.MORRIS,ESQUIRE 213 E MAIN ST
CARNEGIE,PA 15106
PAS #285628
r
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name 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)
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(if address cannot be
reasonably ascertained,please indicate)
TENANTIOCCUPANT 1481 NEWVILLE ROAD
CARLISLE,PA 17015-9499
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
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. §y4904 relating to unswom falsification to authorities.
Date: I a Ay:
Phe allinan,LLP
1pffn Michael Kolesnik,Esq.,Id.No.308877
Attorney for Plaintiff
PHS #285628
NATIONSTAR MORTGAGE, LLC COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
VS. NO.: 12-5221-CIVIL
JODY L. BITNER A/KIA JODY L.RHODY
Defendant(s) : CUMBERLAND COUNTY
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: JODY L. BITNER A/K/A JODY L.RHODY
80 ALTERS ROAD
CARLISLE,PA 17015
**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 1481 NEWVILLE ROAD,CARLISLE,PA 17015-9499 is scheduled to be
sold at the Sheriff's 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$142,445.26 obtained by NATIONSTAR C
MORTGAGE,LLC (the mortgagee) against you. In the event the sale is continued, an announcQengill We
made at said sale in compliance with Pa.R.C.P. Rule 3129.3. - :K -n
mm rnr
NOTICE OF OWNER'S RIGHTS '
y CA C 4 ,
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
x [7 6 r.,
To prevent this Sheriff's Sale,you must take immediate action: z'z c,s Ta
L 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 haw much you must pay, you may call: 215-563-7000 x1230.
2. You maybe 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 goad 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.
1 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 2I5-563-7000.
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
(71.7) 249-3166
(800)990-9108
LEGAL DESCRIPTION
ALL that certain house and lot of ground situate in North Middleton Township,Cumberland County,
Pennsylvania,bounded and described as follows:
ON the South by Highway Route No.641; on the East by the Meadowbrook Road;on the North by land now
or formerly of Charles M.Williams,Sr. and Elizabeth L.Williams,his wife; on the West by property now or
formerly of Clarence T.and Addie E.Shughart.
HAVING a frontage on Highway Route No.641 of 200 feet and a frontage on the Meadowbrook Road of
163.2 feet.
BEING Lots Nos. 1 and 2 on the Plan of Lots of Charles M.Williams recorded in the Office of the Recorder
of Deeds in Cumberland County,Pennsylvania in Plan Book 4,Page 12.
TITLE TO SAID PREMISES VESTED IN Jody L. Bitner, single woman,by Deed from Norman L.
Chronister and Berta L. Chronister, h/w, dated 07/20/2007,recorded 07/25/2007 in Book 281, Page 595
PREMISES BEING: 1481 NEW VILLE ROAD,CARLISLE,PA 17015-9499
PARCEL NO.29-19-1653-015.
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 12-5221-CIVIL
NATIONSTAR MORTGAGE,LLC
V.
JODY L. BITNER A/K/A JODY L. RHODY
owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON,
CUMBERLAND County, Pennsylvania, being
1481 NEW VILLE ROAD, CARLISLE. PA 17015-9499
Parcel No. 29-19-1653-015.
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $142,445.26
Attorneys for Plaintiff
Phelan Hallinan, LLP
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-5221 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE,LLC, Plaintiff(s)
From JODY L. BITNER A/K/A JODY L.RHODY
(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 gamishee(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: $142,445.26 L.L.: $.50
Interest FROM 11/17/2012 TO DATE OF SALE($23.42 PER DIEM)-$6,838.64
Arty's Comm: Due Prothy: $2.25
Arty Paid: $204.75 Other Costs:
Plaintiff Paid:
Date: 4/18/13 _� , -�
David D. Buell, ProthonotaryC
(Sealy
Deputy
REQUESTING PARTY:
Name: JOHN MICHAEL KOLESNIK,ESQUIRE
Address: PHELAN HALLINAN LLP
1617 JFK BOULEVARD,SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA,PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No.308877
ViLE0
OF' THIS P;ROTrPONO TAfiY
PHELAN HALLINAN,LLP 9 AH 10, G16
Attorney for Plaintiff CUPIBEP� rO
One Penn Center Plaza, PENNSYLVANIA ND COUNTY
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
NATIONSTAR MORTGAGE, LLC
CUMBERLAND COUNTY
Plaintiff COURT OF COMMON PLEAS
V. CIVIL DIVISION
JODY L. BTTNER NO. 12-5221-CIVEL
A/K/A JODY L. RHODY
Defendant
MOTION FOR SERVICE OF NOTICE OF SALE
PURSUANT TO SPECIAL ORDER OF COURT
Plaintiff,by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an
Order directing service of the Notice of Sale upon the above-captioned Defendant, JODY L.
BTTNER,A/K/A JODY L. RHODY,by certified mail and regular mail to JODY L. BTTNER,
A/K/A JODY L. RHODY at 80 ALTERS ROAD, CARLISLE, PA 17015 and 1481 NEWVILLE
ROAD, CARLISLE, PA 17015-9499 and posting 1481 NEWVILLE ROAD, CARLISLE, PA
17015-9499 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the
following:
1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for
September 4, 2013.
2. Pennsylvania Rule of Civil Procedure(Pa.R.C.P.) 3129.2 requires that the
Defendant be served with a notification of Sheriffs Sale at least thirty (30) days
prior to the scheduled sale date.
3. Attempts to serve Defendant,JODY L. BITNER, A/K/A JODY L.RHODY, with
the Notice of Sale at the mortgaged premises, 1481 NEWVILLE ROAD,
CARLISLE, PA 17015-9499, have.been unsuccessful, as indicated by the Return
of Service attached hereto as Exhibit "A", No service was made as the property is
vacant.
4. Attempts to serve Defendant,JODY L. BITNER, A/K/A JODY L. RHODY, with
the Notice of Sale at 80 ALTERS ROAD, CARLISLE,PA 17015 have been
unsuccessful, as indicated by the Return of Service attached hereto as Exhibit
"A". No service was made as the said address is vacant. .
5. Pursuant to Pa.R.C.P. 430,Plaintiff has made a good faith effort to locate the
Defendant. An Affidavit of Reasonable Investigation setting forth the specific
inquiries made and the results therefrom is attached hereto as Exhibit "B".
6. Plaintiff contacted the Prothontary's Office and as of May 28, 2013,no Judge has
previously entered a ruling in this case.
7. In accordance with CUMBERLAND County Local Rule 208.3(9); Plaintiff sent a
copy of its Proposed Motion for Special Service and Order to the Defendant on
May 29, 2013 and requested Defendant's concurrence. Plaintiff did not receive
any written response from the.Defendant. A true and correct copy of Plaintiffs
May 29, 2013 letter and postmarked certificate of mailing pursuant to Local Rule
208.3(9) attached hereto, made part hereof, and marked Exhibit "C".
8. Plaintiff submits that it has made a good faith effort to locate the Defendant,
JODY L. BITNER, A/K/A JODY L. RHODY, but has been unable to do so.
WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice
of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to
JODY L. BITNER,A/K/A JODY L. RHODY at 80 ALTERS ROAD, CARLISLE, PA 17015
and 1481 NEWVILLE ROAD, CARLISLE,PA 17015-9499 and posting 1481 NEWVILLE
ROAD, CARLISLE,PA 17015-9499 and by publication.
Phelan Hallinaann,, LLP
DATE: By: &4k
P an Hallinan,LLP
Jonathan Lobb,Esq., Id. No.312174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA
19103
215-563-7000
PHELAN HALLINAN,LLP
Attorney for Plaintiff
One Penn Center Plaza
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
NATIONSTAR MORTGAGE, LLC
CUMBERLAND COUNTY
Plaintiff COURT OF COMMON PLEAS
V. CIVIL DIVISION
JODY L. BITNER NO. 12-5221-CIVIL
A/K/A JODY L. RHODY
Defendant
PLAINTIFF'S MEMORANDUM OF LAW
Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a
foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the
Sale of the mortgaged premises. Specifically,Pa.R.C.P. Rule 3129.2(c) provides in applicable
part as follows:
The written notice shall be prepared by the plaintiff, shall contain the same information
as the handbills or may consist of the handbill and shall be served at least thirty days
before the sale on all persons whose names and addresses are set forth in the affidavit
required by Rule 3129.1.
(1) Service of the notice shall be made:
(i) upon a defendant...
(A) by the sheriff or by a competent adult in the manner prescribed by
Rule 402(a)for the service of original process upon a defendant, or
(B) by the plaintiff mailing a copy in the manner prescribed by Rule
403 to the addresses set forth in the affidavit; or
(C) if service cannot be made as provided in subparagraph (A) or
(B),the notice shall be served pursuant to special order of court as
prescribed by Rule 430, except that if original process was served
pursuant to a special order of court under Rule 430 upon the
defendant in the judgment, the notice may be served upon that
defendant in the manner provided by the order for service of
original process without further application to the court.
Because the whereabouts of Defendant, JODY L. BITNER, A/K/A JODY L.
RHODY, are unknown, a reasonable investigation of his/her last known address was made in
accordance with Pa.R.C.P. 430(a).
Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows:
(a) If service cannot be made under the applicable rule the Plaintiff may move
the court for a special order directing the method of service. The motion shall be
accompanied by an affidavit stating the nature and extent of the investigation
which has been made to determine the whereabouts of the defendant and the
reasons why service cannot be made.
Note: A sheriff's return of"not found" or the fact that a defendant has
moved without leaving a new forwarding address is insufficient evidence of
concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice
of intended adoption mailed to last known address requires a"good faith effort"
to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603
(1976).
An illustration of good faith effort to locate the defendant includes (1)
inquiries of postal authorities including inquiries pursuant to the Freedom of
Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends,
and employers of the defendant, and (3)examinations of local telephone
directories, voter registration records, local tax records and motor vehicle records.
As indicated by the of return of service, hereto as Exhibit "A", the process server
has been unable to serve the Notice of Sale.
A good faith effort to discover the whereabouts of the Defendant has been made
as evidenced by the attached Affidavit of Reasonable Investigation,marked as Exhibit "B".
WHEREFORE, Plaintiff respectfully requests the allowance of service of the
Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular
mail to JODY L. BITNER, A/K/A JODY L. RHODY at 80 ALTERS ROAD, CARLISLE,PA
17015 and 1481 NEWVILLE ROAD, CARLISLE,PA 17015-9499 and posting 1481
NEWVILLE ROAD, CARLISLE, PA 17015-9499 and by publication pursuant to PA.R.C.P.
3129.2.
Phelan Hallinan, LLP
DATE: By:
J athan bb, Esq., Id. No.312174
Attorney for Plaintiff
PHELAN HALLINAN,LLP .
Attorney for Plaintiff
One Penn Center Plaza
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
jonathan.Lobb@phelanhallinan.com
215-563-7000
NATIONSTAR MORTGAGE, LLC
CUMBERLAND COUNTY
Plaintiff COURT OF COMMON PLEAS
V. CIVIL DIVISION
JODY L. BITNER NO. 12-5221-CIVIL
A/K/A JODY L. RHODY
Defendant
CERTIFICATE OF SERVICE
I hereby certify that true and correct copies of the foregoing Motion for Service of Notice
of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification
of Service and Exhibits in the above captioned matter were sent by first class mail, postage
prepaid to the following interested parties on the date indicated below.
JODY L. BITNER
80 ALTERS ROAD
CARLISLE,PA 17015
JODY L. BITNER
1481 NEWVILLE ROAD
CARLISLE, PA 17015-9499
Phelan Hallinan, LLP
DATE: A A By:
onathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
EXHIBIT "A"
AFP.IDAvrr OF SERVXCE miLmc)
PLAINTIFF CUMBERLAND COUNTY
NATIONSTAR MORTGAGE,LLC
PHS ti 285528
DEFENDANT SERIVICE Trib=lxh
JODY L.91TNER A/KIA JODY L.It11ODY COURT NO.:12-5221-CTVXL
SERVE JOBVY L.ffffRii A A/1{K/A JODY L.RHOD'Y AT: TYPE OF ACTION
1481 NFWVILLE ROAD XX Notice of Sber We Sale
CARLISLE,PA 17015-9499 SALE DATE: September 4,2013
SE YED
Served and made known to jQDY L. TNER AIIC/A JbDY L RHODY, Defendant on the day of
20_.._,at in the manner described below:
,oclock_.M.,at
_Defendant personally served.
Adult family member with whom Defendants)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.
_ an officer of said Defendant's company.
Other:.—...,._,._,_. -
Description: Age I3oight._ W eight,_.Race Sex.—Other.
I --— a competent adult,hereby verify that I personally handed a true and correct copy of the
Notice of Shpffs Sale in the matmer as set.forth herein,issued in the captioned case on the date and at the address
indicated above. I understated that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to
unworn falsification to authorities.
DATE NAME:
PRINTED NAME:
�'f E VB
(?ri hts y' z1ti!,of:_ :2Q� at�;o'clnck M.,I, _ a competent adult hereby
stntc-i a 15ii:tii rim N'i;5'Ir>°ZSt7Nf5�i'ieeause:
Vactiiic: Does Not exist Moved „.11oes Not Reside(Not Vacant)
—No Answer on
_Service Refused
Other:
I understand that this statement is trade subject to the penalties.of 18 Pa. C.S. Sec, 4904 relating to unswom
falsification to authorities.
BY: Z ``"
PRINTED:NAME:,,��� �"tirC ...:... ....._....__:._._.._......
a�N'EY FOR PLAINTIFF
Phelon Hallman.LLLP
1617 7FK Boulevard,Suite 1,400
One Penn Center Plaza
Philadelphia,PA 19103
(215)563-7000
f V�
AFFIDAVIT OF SERVICE(FHI:MC)
PLAINTIFF CUMBERLAND COUNTY
NATIONSTAR MORTGAGE,LLC
pHs#285628
DEPENDANT SERNICS TEAM!Igh
JODY L,BITNER A/K/A JODY L.RIiODY COURT NO.:12.3221-CIVIL
--SERVE'JOIiX X-ITIiG'liii tiYJn JOAY t.ItHCIIi Y A 1: TYPE OF ACTION
80 ALTERS ROAD XX Notice of SherifTs Stile
CARLISLE,PA 17015 SALE DATE: September 4,2013
,SERVED
Served and made known to JODY L,,_BITNER AWA JODY L. RHODY, Defendant on the day of
,7A_,at
o'clock,_;M.,at in the manner described below:
—Defendant personally saved.
.,_._Adult family member with whom Defendaut(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 Defendants)reside(s),
—Agent or person in charge of Defendant's office or usual place of business,
an officer of said Defendant's company,
_Other.
Description: Age Height Weight Race Sex Other____
a competent adult,hereby verify that I personally handed a true and correct copy of the
Notice of She" s$ale 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
unworn falsification to authorities,
DATE: NAME:
PRINTI D NAMI3:
TITLE:
{ � ` V f�
On rite. dg isf �'` 90 ?at o'clock I, ^ a competent adult hereby
stet i;at r,Ent.qnt? UT7—W -Citscut c: t
V.acatii, _.loos;Not•txist _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 unswom
falsification to authorities,
BY:,
PRINTED NAME:. ►�f 1
ATTORNEY I'OAt PLAINTTFp'
Phelan Hallinan,LLP
1617 JM- Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19703
(215)563-7000
Process SerVrer Check List
If Service Is Made: Spouslas Names if Applicable
Wife.
Divorced: Yes ( _.
—Se r"
7 .
Vacant: Yes ( /\ ) N<) ( )
2. Is there a name on thy: mailbox? Is it the defendants?
3 . Neighbor Contact : Yes ( No
Left side:
Right Side:
4 . For Sale Sign: Yes ( /1 ? No
Realtor Name . M {(L
Company Name:
Phone Number: ( -_
5.. Car in Drive Way Yes ( ) No
G a`
Plate Number:
B99
AFFIDAVIT'OF GOOD FAITI-I INVESTIGATION
.File Number: 285628
Attorney Firm: Phelan Hallinan,LLP
Subject: Jody L. Bitner
Propen-ty Address: 1481 Newville Road,Carlisle,PA 17015
Possible Mailing Address: 80 Alters Road,Carlisle,PA 17015
I.CREDIT INFORMATION
A. SOCIAL SECURITY NUMBER
Ou.r search verified the following:i:n£ormation to be Li-tie and correct
Jody L. Bitner-xxx-xx-7681
B. EMPLOYMENT SEARCH
Jody L. Bitner- A review of the credit reporting agencies provided no employment
information.
C. INQUIRY OF CREDITORS
Our inquiry of creditors indicated that Jody L. Bitner reside(s)at: 80 Alta*rs Road,
Carlisle,PA 17015.
11, INQUIRY OF TELEPHONE COMPANY
A. DIRECTORY ASSISTANCE SEARCH
Oux office searched directory assistance databases,which had no listing for lady L.
Bitner.
B. On 05-21=13 our office made several telephone,calls to a possi.bl.e.phone number of
the subject(s) (71.7) 226-0692 and received the following information: answermg
machine.On 05-21-13 our office made a telephone call to a possible ph ne.n Limber of
the subject(s) (717)-422-5875 and received the fallowing hiformahon:not in service.
111. INQUIRY OF NEIGHBORS
On 05-21-13 our office made several phone calls in an attempt to contact Virginia.l 1.
Ramsey (717)422-5563,35 Altars Road,Carlisle, PA 17015: answering machine.
On 05-21-13 our office made several phone calls in an attempt to coni:act:Jahn E.
Keh.rle (717) 218-5441,33 Alters Load,Carlisle, P.A 17015: answering machine.
On 05-21-13 our office made several phone calls in an attempt to contact:John'l..
Willies (717)24.1-6834,208 Alters Road,Carlisle,PA 17015:answering machine.
On 05-21-13 our office made several phone calls in an attempt to contact Frame.Floyd
Sr. (717) 245-2089:,1491 Newville Road,Carlisle;PA 17015:answering machine.
On 05-21-1'3 our office made several phone calls in an attempt to contact William E.
McClintock Jr. (71.7) 24.1-2093, 1500 Newville Road,Carlisle, PA 17015:answering
machine.
0
On 05-21-13 our office made a phone call in an attempt to contact Julie Monson (907)
745-0850, 1462 Newville Road,Carlisle,PA 17015:disconnected.
IV. ADDRESS INQUIRY
..A NA-T-IONAL-ADIDRESS-UFDA'i E
On 05-21-13 we reviewed the National Address database and found the following
information:Jody L. Bitner-80 Alters Road,Carlisle,PA 17015.
B. ADDITIONAL ACTIVE MAILING ADDRESSES
Per our inquiry of creditors,the following is a possible mailing address:80 Alters
Road,Carlisle,PA 1.7015.
V. OTHER INQUIRIES
A. DEATH RECORDS
As of 05-21-13 Vital Records and all public databases have no death record on file for
Jody L. Bitner.
VI. ADDITIONAL INFORMATION OF SUBJECT
A. YEAR OF BIRTH
I
Jody L.Bitner-1974
B. A:K.A.
Jody L.Shughart
*Our accessible databases have been checked and cross-referenced for the above
named individual(s).
*Please be advised our database.information indicates the subject resides at the
current address.
I hereby verify that the statements made herein;:are true and correct'to the best of my
knowledge,information and belief and that this affidavit of investigation is made subject to
the of 18 Pa C.S.Sec.4904 relating to unsworn falsification to-authorities.
The above information is obtained from available public records
and we are only liable for the cost of the+iflidnvit
EXHIBIT
"C"
a r�
Name and Phelan Hallinan,LLP CD o
Address 1617 JFK Boulevard,Suite 1400
Of Sender One Penn Center Plaza C"
Philadelphia,PA 19103 LXH h Q Q
Line Article Number Name of Addressee,Street,and Post Office Address Postage w t }
U" ai
1 **** JODY L.BITNER A/K/A JODY L.RHODY $0.46 M
1481 NEWVILLE ROAD ° 00
CARLISLE,PA 17015-9499 m
a_
2 **** JODY L.BITNER A/K/A JODY L.RHODY $0.46 °' i7i o a
I 80 ALTERS ROAD
I CARLISLE,PA 17015 "
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t
RE:JODY L.BITNER A/K/A JODY L.RHODY(CUMBERLAND) TEAM 4 PHS#285628/1021 $0.92
Page 1 of I
Total Number of Total Number of Pieces Postmaster,Per(Name of The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable
Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is 550,000 per
piece subject to a limit of 5500,000 per occurrence.The maximum indemnity payable on Express Mail merchandise is$500.
The maximum indemnity payable is 525,000 for registered mail,sent with optional insurance.See Domestic Mail Manual
R900 S913 and S921 for limitations of coverage.
**CONCURRENCE LETTER***LXH
285628
c
a
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
FAX#: 215-568-7616
E-mail lily.hainey@phelanhallinan com
LILY HAINEY, Legal Assistant,Ext. 1401 Representing Lenders in
Service Department Pennsylvania
May 29,2013
JODY L. BITNER, A/K/A JODY L. RHODY
1481 NEWVILLE ROAD
CARLISLE, PA 17015-9499
RE:° NATIONSTAR MORTGAGE, LLC v. JODY L. BITNER
Premises Address: 1481 NEWVILLE ROAD,CARLISLE,PA 17015-9499
CUMBERLAND County,No. 12-5221-CIVIL
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion for Special Service
and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking
concurrence with the requested relief that is, Special Service. Please respond to me within one
week,by June 6, 2013.
Should you have any further questions or concerns,please do not hesitate to contact me.
Utlor ise,please be guided accordingly.
I y yours,
L CIA IJ Legal.Assis-Van
F Phelan Hallinan, LLP
285628
Phelan Hallinan, LLP-
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza.
Philadelphia,PA 19103
.2-1516637000,- _.
FAX#: 215-568-7616
E-mail lilv.hainey ,phelanhallinan.com
LILY HAINEY, Legal Assistant,Ext. 1401 , Representing Lenders in
Service Department Pennsylvania
May 29,2013
JODY L. BITNER,A/KIA JODY L. RHODY
80 ALTERS ROAD
CARLISLE,PA 17015
RE:. NATIONSTAR MORTGAGE, LLC v. JODY L' BITNER
Premises Address: 1481 NEWVILLE ROAD,CARLISLE,PA 17015-9499
CUMBERLAND County,No. 12-5221-CIVIL
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion for Special Service
and Order. In accordance with CUMBERLAND County Local Rule 208.3{9}, 1 am seeking
concurrence with the requested relief that is, Special.Service. Please respond to me within one
week, by June 6,2013.
Should you have any further questions or concerns,please do not hesitate to contact me.
Otlei ;ise,please be guided accordingly.
Ve < duly yours,
�Y [a::`1T1ty li gai Assistant
fo,Phelan Hallinan,LLP
285628
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
NATIONSTAR MORTGAGE, LLC
CIVIL DIVISION
Plaintiff
NO. 12-5221-CIVIL
V.
JODY L. BITNER
A/K/A JODY L. RHODY
Defendant
ORDER
AND NOW, this day of , 2013, after
consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of
Court,it is hereby:
ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is
permitted on Defendant JODY L. BITNER,A/K/A JODY L. RHODY by:
REGULAR MAIL TO JODY L. BITNER, A/K/A JODY L.
RHODY at 80 ALTERS ROAD, CARLISLE, PA 1.7015 and 1481
NEWVILLE ROAD, CARLISLE, PA 1.7015-9499 Service by
mail is complete upon the date of mailing
CERTIFIED MAIL TO JODY L. BITNER, A/K/A JODY L.
RHODY at 80 ALTERS ROAD, CARLISLE, PA 1701.5 and 1481
NEWVILLE ROAD, CARLISLE, PA 17015-9499
Service by mail is complete upon the date of mailing
POSTING 1481 NEWVILLE ROAD, CARLISLE, PA 17015-
9499
PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH
PA.R.C.P. 3129.2(D).
BY THE COURT:
J.
NHS #285628
CC PHELAN HALLINAN, LLP
161.7 JFK Boulevard, Suite 1400
Philadelphia, PA 19103 `fi
C-)
JODY L. BITNER A/K/A JODY L. RHODY 00 c--
1481 NEWVILLE ROAD, CARLISLE, PA 17015-9499 �rn
cars r- c'
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. m
,�3
F Il..r-D-CI=f=ICE
OF THE PfUTNQ,NQTArR`r
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392 291 i JU a 1 A f R' NEY FOR PLAINTIFF
1617 JFK Boulevard Suite 1400
One Penn Center Plaza JUI1���'�-a��� COUNTY
PENNSYLVANIA
Philadelphia, PA 19103
justin.kobeski@phelaiihallinan.com
215-563-7000
NATIONSTAR MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
JODY L. BITNER
A/K/A JODY L. RHODY No.: 12-5221-CIVIL
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 21,
2012.
2. Judgment was entered on November 16, 2012 in the amount of$142,445.26. 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.
779456
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 $128,934.11
Interest Through September 4,2013 $24,185.86
Legal fees $1,875.00
Cost of Suit and Title $1,032.87
Property Inspections $363.00
Property Preservation $320.00
Appraisal/Brokers Price Opinion $90.00
Escrow Deficit $5,674.78
Suspense/Misc. Credits ($1,172.07)
TOTAL $161,303.55
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 23,2013 and
requested the Defendant's Concurrence.Plaintiff did not receive any response from the Defendant.
A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9)and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit"B".
10. No judge has previously entered a ruling in this case.
r
4 779456
I
WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan, LLP
DATE: O l By:
Justi ob ski, Esquire
A ORNE FOR PLAINTIFF
779456
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
NATIONSTAR MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
JODY L. BITNER :
A/K/A JODY L. RHODY No.: 12-5221-CIVIL
Defendant
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
JODY L. BITNER A/K/A JODY L. RHODY 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 1481 NEWVILLE ROAD, CARLISLE, PA 17015-9499. 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
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
779456
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments
tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22,24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. 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
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
779456
Company v. Bums, 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 ajudgment 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 plairtly 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.
111. 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
779456
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.
779456
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
Realty, 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.
779456
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.
779456
VIII. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may make 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.
779456
Since the terms of the mortgage provide that such expenses by the mortgage company become
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: d By:
J sti F. V uire
A rney
779456
Exhibit "A"
779456
PHELAN HALLINAN &SCHMIEG;'I;LI�� Attorney for Plaintiff
Zachary Jones, Esq., Id.No.310721 r 16 Aft 10,
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza -i+''1 #nL�^,i0_ r ;r
One
PA 19103 4 4SYiJ/NIA
215-563-7000
NATIONSTAR MORTGAGE,LLC CUM19ERLAND COUNTY
VS. COURT OF COMMON PLEAS
J.ODY L. 13ITNER CIVIL DIVISION
A/K/A JODY L..RHODY
No. 12-5221:CIVIL
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY;
Kindly.enter-judgment in favor.of the P,kiii-tiff and against JODY.L.BITNER A/K/A-
JODY L. RHODY,Defendant 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
P..laintff'.s damages as.follows;
As set forth in Complaint $142,445.26
TOTAL $142,445.26
1,hereby certify that(1)the Defendant's last known.addresses are 1481 NEW"VILLE
'ROAD, CARLISLE,PA 17015-9499 and 80 ALTERS ROAD,CARLISLE,PA 17015,and (2)
that notice has been given in accordance with Rule Pa.R.C,P 237:1.
Date [ �f
e squire .
f laintiff
DAMAGES ARE HEREBY ASSESSED AS.INDICATED. 04(-* aLlu?)A `
� ��attal
oci
DATE. S 1 1
-`PROTHONOTARY
285628.
Exhibit "B"
779456
1
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 23,2013
JODY L.BITNER
A/K/A JODY L.RHODY
80 ALTERS ROAD
CARLISLE,PA 17015
RE:; NATIONSTAR MORTGAGE, LLC v. JODY L. BITNER,A/K/A JODY L. RHODY
Premises Address: 1481 NEVWILLE ROAD CARLISLE,PA 17015
CUMBERLAND County CCP,No. 12-5221-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 7/29/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very y yours,
Ju , o.esk .Esq., Id.No.200392
Att far Plaintiff
Enclosure
779456
Name and Phelan Haliinan,LLP �Q5 �- O °'
Address y 1617 JFK Boulevard,Suite 1400
Of Sender One Penn Center Plaza N
Philadelphia,PA 19103 xVM 0 ,
Line Article Number Name of Addressee Street,and Post Wee Address
a^e ,w Q
1 **** JODY L.BITNER
80 ALTERS ROAD :' ^
o
CARLISLE PA 17015 �� oce1Oa
2 **** JODY L.BITNER $0.46 `i3 uoo
1481 NEWYILLEROAD
CARLISLE PA 17015-9499
RE:JODY L BITNER AIWA JODY 1..RHODY(CUMBERLAND) PH 8 779456/1200 Page i of S0.92
1
TOW limmbet of teal 2tumther orPieees ItYtiroawer,Pcr(!tune or � pw red on all domestic wd immmioml rc`itived mailPcm 1,ialcd hY Senda RtuiPow Otfce Reseisins Employee) k moemauaim of am-vmiabk d=tWets adcr Express M.11 dm—t reeonatrucwn i
ml0d tO a limit of SS00.000 Pa oc WM..The Mu imttm imdmwity payable on Exprw
maximum imkmnity paytbk is Sj$A=for repsted=it,SeA with optiosW itwieance.Sc
5913 and S9]I(br limiutims of
Form 3877 Facsimile
i
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779456
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1.400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeskl@phelaii-hallinan.com
215-563-7000
NATIONSTAR MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
V. ;
CUMBERLAND County
JODY L. BITNER
A/K/A JODY L. RHODY No.: 12-5221-CIVIL
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.
JODY L. BITNER JODY L. BITNER
A/K/A JODY L. RHODY A/K/A JODY L. RHODY
80 ALTERS ROAD 1481 NEWVILLE ROAD
CARLISLE, PA 17015 CARLISLE, PA 17015-9499
Phelan Hallinan,LLP
DATE: d By:
tiIt
. Kob ski,Esquire
AT RNE FOR PLAINTIFF
- 779456
r:{Lt 0-()r F ft
10113 AU" —� �� �O� L�#
PHELAN HALLINAN,LLP Attorney for Plaintiff
Adam H.Davis,Esq.,Id. No.20303t U M B E R L A N O COUNTY
161.7 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
NATIONSTAR MORTGAGE,LLC CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
V.
CIVIL DIVISION
JODY L.BITNER A/K/A JODY L.RHODY
Defendant(s) No.: 12-5221-CIVIL
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
Attorney for Plaintiff
Date:
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not
be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not present
at the sale.
PH#779456
Name and Phelan Hitli"n,LLP
ea
Add,4r--% 1617 JFX Boulevard,Suite 1400
Of Sender One Penn Center Plaza t '4 C)
PhilndtlpSip.PA 19103 AZWSJU-09/04/2013 SALE w
Unc AtticIeNurnbcr Name of Addressee.Street,and Pcst OMm Address P"'agc
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8 KRIS77 RAUCH C/O JOHN M.KERR.ESQUIRE WAS
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9 DOMESTIC RELATIONS OF CUMBERLAND COUNTY WAS
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228 WALNUT STREET,SUITE,220.PO BOX 11754
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JODY l61 ERA/K/AJOPYLRHODY(CUMBERLAND) PHS#2MZ&1021 Page]or 1 5,5.40 W�'TZ
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Address ti o M
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Philadel hia PA 19103 KYIYI f`' 0 N
Line Article Number ]Name of Add ressee,St reef.and'Post Office Address 4 -�
JODY U BITNER
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80 ALTERS ROAD
CARLISLE,PA 1'7015 2 x .. iODY L.81TNER
1481 NEWYILLE ROAI)CARLISLE,PA 17015-9499
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779456
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a Of Sender One Penn Center Plaza
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
NATIONSTAR MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
JODY L. BITNER
A/K/A JODY L. RHODY No.: 12-5221-CIVIL
Defendant
RULE
AND NOW, this day of e2CY 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
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.
BY THE COURTS
J.
co
C1 M�
Cra
--4
--i
779456
/Justin F.Kobeski,Esq.,Id.No.200392
Phelan Hallinan,LLP
1617 JFK Boulevard, Suite 1400
Philadelphia,PA 19103
TEL: (215) 563-7000
FA Z (215) 563-3459
JODY L. BITNER ,"-JODY L. BITNER
A/KJA JODY L. RHODY A/K/A JODY L. RHODY
80 ALTERS ROAD 1481 NEWVILLE ROAD
CARLISLE,PA 17015 CARLISLE, PA 17015-9499
I£S 779456
13
779456
r
E PR( CL
OT r�
Phelan Hallinan, LLP 2113 AUG 15 AM 10: 2 7
Justin F. Kobeski, Esq., Id. No.200392 CLMBERLA14 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 PENNS Y COU��TY
One Penn Center Plaza L�AP11/�
Philadelphia, PA 1.9103
justin.kobeski@phelanhallinan.com
215 7563-7000
NATIONSTAR MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
vs.
CUMBERLAND County
JODY L. BITNER
A/K/A JODY L. RHODY No.: 12-5221-CIVIL
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's August 6, 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.
JODY L. BITNER JODY L. BITNER
A/K/A JODY L. RHODY A/K/A JODY L. RHODY
80 ALTERS ROAD 1481 NEWVILLE ROAD
CARLISLE, PA 17015 CARLISLE,PA 17015-9499
Phelan Hallin n, LLP
DATE: By:
Justin F. obeski,Esq., Id.No.200392
Attorney for Plaintiff
779456
Phelan Hatlinan, LLP
O THE PROTHONOTARY
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 2013 AUG 29 AM 10: 4O
One Penn Center Plaza OUMBERLAND COUNTY
Philadelphia, PA 19103 PENNSYLVANIA
jonathan.etkowicz@phelanhallinan.com
215-563-7000
NATIONSTAR MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
vs.
CUMBERLAND County
JODY L. BITNER
AIK/A JODY L. RHODY No.: 12-5221-CIVIL
Defendant
MOTION TO MAKE RULE ABSOLUTE
NATIONSTAR 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 31,2013.
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 23, 2013 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the
Defendant. True and correct copies of Plaintiffs 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 Christylee L. Peck on or about August 6,
2013 directing the Defendant to show cause by August 26, 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.
779456
4. The Rule to Show Cause was timely served upon all parties on August 14
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 26, 2013.
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
Phel al in LLP
DATE:
By:
J an M. Etkowicz,Esq., Id. No.208786
Attorney for Plaintiff
779456
Exhibit "All
A
779456
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 23,2013
JODY L. BITNER
A/K/A JODY L. RHODY
80 ALTERS ROAD
CARLISLE,PA 17015
RE: NATIONSTAR MORTGAGE,LLC v. JODY L. BITNER, A/K/A JODY L. RHODY
Premises Address: 1481 NEWVILLE ROAD CARLISLE,PA 17015
CUMBERLAND County CCP,No. 12-5221-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),1 am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days,by 7/29/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very Y yours;,
Ju cs `Esq.,Id.No.200392
A ° d}% oi"Plaintiff
Enclosure
779456
Name and
Phelan n, 04.
Address 1617 JI:K Boulevard,Suite 1400
Of Sender One Penn Center Plaza r `�
Philadelphia, PA 19103 KVl4! ' � n
CD .�
Line Artiole Number Name of Addressee Street and Post Office Address
IN O
f "*' JODY L.BITNER 40),7
80 ALTERS ROAD
51 0
JODY LL N 17015 Q t mCV7
2 '"" JODY L.BITNER iLL
46 sr3 4ao
1481 NEWVILLE ROAD 50:
CARLISLE PA 17015-9499 y4
RE:JODY L.BITNER A/K/A JODY L.RHODY(CUMBERLAND) PH#779456/1200 Page 1, S0.92 3�
1
1 Taxi Number of Total Numb"of Pk= -PotM"a.Per(tame of The foil declarpiom of-aloe is rogo 2d on all dome tw atx inlmrrm.o o reSWered nm7.T1.tm 7. sc
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Pica mtlioct to a limit or$500.000 Pa Omvr mince,The m imam irtdenmity payable at Up=
The muimum indemhy pmyabk is$25,00D for Mustered mail,sem witb optiatai imsuma.Se
R900 S9U and 5921 fa nmlcpimts orco
Form 3877 Facsimile
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779456
t
Exhibit "B"
779456
IN THE COURT OF COMMON PLEAS OF CUMBERLAN'H COUNTY
PENNSYLVANIA
NATIONSTAR MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
V'.
CUMBERLAND County
JODY L. BITNER
A/K/A JODY L. RHODY No.: 12-5221-CIVIL
Defendant
RULE
AND NOW,this-4 day of X2013, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess
Damages.
E 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.
BY THE COURT
M C`
7.Cr
Cn
<r
:2=
779456
C"Exhibit
779456
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id.No.200392 ATTORNEY FOR PLAINTIFF
- - - -- 1617 JFK Boulevard,- Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
NATIONSTAR MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
VS.
CUMBERLAND County
JODY L. BITNER
A/K/A JODY L. RHODY No.: 12-5221-CIVIL
Defendant
C:ERTI.FICAT.IO.N_.0. F_SERVICE
I hereby certify that a true and correct co g -
py of Court's August 6, 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.
JODY L. BITNER: JODY L. BITNER
A/K/A JODY L. RHODY A/K/A JODY L. R-1ODY
80 ALTERS ROAD 1481 NEWVILLE ROAD
CARLISLE,PA 17015 CARLISLE,PA 17015-9499
Phelan 1711 rn
I
ra
r
DATE: ..
By:
q-- ... -..__...
Justin F beski;Esq.,Id No.200392
Ito` y for Plaintiff
779456
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
ionathan.etkowicz@phelanhallinan.com
215-563-7000
NATIONSTAR MORTGAGE, LLC Court of Common Pleas
Plaintiff
vs.
Civil Division
JODY L. BITNER CUMBERLAND County
A/K/A JODY L. RHODY No.: 12-5221-CIVIL
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: .
JODY L. BITNER JODY L. BITNER
A/K/A JODY L. RHODY A/K/A JODY L.RHODY
80 ALTERS ROAD 1481 NEWVILLE ROAD
CARLISLE, PA 17015 CARLISLE,PA 17015-9499
Phelan . 11inan, LP
DATE:
By:
Jo tan M. E cowicz, sq., Id.No.208786
A rney for Plaintiff
779456
HLEO-OF ICC.
F TH - PROTH01 0TARY
PHELAN HALLINAN,LLP 2013 AUG 30 AN 10: OQ
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400 y0MOLRLAND COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia, PA 19103
215-563-7000
NATIONSTAR MORTGAGE, LLC
CUMBERLAND COUNTY
Plaintiff COURT OF COMMON PLEAS
vs. CIVIL DIVISION
JODY L. BITNER NO. 12-5221-CIVIL
A/K/A JODY L. RHODY
Defendant
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PURSUANT TO P.R.C.P.,404(2)/403
I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above
captioned matter was sent by regular mail and certified mail,return receipt requested,to JODY L.
BITNER A/K/A JODY L. RHODY on JULY 23,2013 in accordance with the Order of Court dated
JUNE 25, 2013. The property was posted on JULY 24, 2013. Publication was advertised in
CUMBERLND LAW JOURNAL on JULY 26,2013 & in THE SENTINEL on JULY 19, 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: By:
Jonat Lobb,ZEsZq., Id. No.312174
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
NATIONSTAR MORTGAGE,LLC
CIVIL DIVISION
Plaintiff
NO. 12-5221-CIVIL
V.
JODY L.BTTNER y
A/K/A JODY L..RHODY
Defendant
ORDER'S
AND NOW,this day of s,.t,�,,��,r:. .,_,2013,after
consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of
Court,it is hereby:
ORDERED that pursuant to Pa.R.C.P.430(a),service of the Notice of Sale is
Permitted on Defendant JODY L.BTTNER,A/K/A JODY L.RHODY by:
REGULAR MAIL TO JODY L.BnNER,A/KJA JODY L.
RHODY at 80 ALTERS ROAD,CARLISLE,PA 17015 and 1481
NBWVILI ROAD,CARLISLE,PA 17015-9499 Service by
mail is complete upon the date of mailing
✓ CERTIFIED MAIL TO JODY L.BITNER,AWA JODY L.
RHODY at 80 ALTERS ROAD,CARLISLE,PA 17015 and 1481
NBW'VILLE ROAD,CARLISLE,PA 17015-9499
Service by mail is complete upon the date of mailing
POSTINO 1481 NEW VILLE ROAD.CARLISLE,PA 17015-
9499
PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH
PA.R.C.P.3129.2(D).
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JODY L. BITNER A/K/A JODLY L. RHODY
80 ALTERS ROAD
CARLISLE, PA 17015-0000
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71782417809901404216 First-class Mail* Processed through August 4,2013.929 pm PHILADELPHIA PA 19179 Scheduled Delivery Day:
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7178 2417 6099 0140 4222
LNM/779456
JODY L. BITNER A/K/A JODLY L. RHODY
1481 NEWVILLE ROAD
CARLISLE, PA 17015-9499
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Processed through August 3,2013,11:52 pm PHILADELPHIA,PA 19178
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Depart USPS Sort July 26,2013 LANCASTER,PA 17604
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AFFIDAVIT OF SERVICE(FHLMC)
PLAINTIFF CUMBERLAND COUNTY
NATIONSTAR MORTGAGE,LLC
PH#779456
DEFENDANT SERVICE TEAM/sol
JODY L.BITNER A/K/A JODY L.RHODY COURT NO.:12-5221-CIVIL
SERVE JODY L.BITNER A/K/A JODY L.RHODY AT: TYPE OF ACTION
1481 NEWVILLE ROAD XX Notice of Sheriffs Sale
CARLISLE,PA 17015.9499 SALE DATE:09/04/2013
****PLEASE POST THE PROPERTY***
***PLEASE POST THE PROPERTY PER THE COURT ORDER.
PLEASE POST THE PROPERTY BY 8/1/2013***
SERVED
Served and Inade known t JODY 1'�. 13ITNER A/K/A. JODY I RHODY, Defendant on the day of
,20 t,at o'clockL)M.,at 1481 NEWVILLE ROAD.CARLISLE PA 17015-9499,in the manner described
below:
_Defendant personally served.
_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)residc(s).
—Agent or person in charge of Defendant's office or usual place of business.
_ an officer of said Defendant's company.
XX Other: POSTED THE PROPERTY
Description: Age Height Weight _Race Sex Other
I, 14J612U4 % ,a competent adult,hereby verify that I personally posted the property with a true and correct
copy of the Notice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the
address indicated above. I understand that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904
relating to unswom falsification to authorities.
DATE: �� NAME:
PRINTED NAME:
TITLE:—G=" E :+EItSE
MY C0MWSSt0N 11
.
t,ES It11,, 31,2014
NOT SERVED
On the day of ,20_,at o'clock .M.,I, a competent adult hereby
state that a endant cause: i
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:
A I"1'ORNEY FOR PLAINTIFF
Lawrence T,Phelan,Esq.,td,No.32227
Francis S.Hallinan,Esq.,Id.No.62695
Daniel G.Schmicg,Esq.,Id.No.62205
Michele M.Bradford,Esq.,Id.No.69849
Judith 1'.Romano,Esq.,Id.No.58745
Jenine R.Davey,Esq.,Id.No.87077
Lauren R.Tabas,Esq.,Id.No.93337
Jay B.Jones,Esq.,Id.No.86657
Andrew L-Spivack,Esq.,Id.No.84439
Chrisovalante P.Fliakos,Esq.,Id.No.94620
Courlenay R.Dunn,Esq.,Id.No.206779
Allison F.Zuckernian,Esq.,Id.No.309519
Melissa J.Cantwell.Esq..Id.No.308912
Mario J.Hanyon,Esq.,Id.No.203993
/9
p �
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
July 26, 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.
Lisa; ;at.ie Coyne, Wtor
SWORN TO AND SUBSCRIBED before me this
26 day of July,2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 20,2014
i
t
I
CUMBERLAND LAW JOURNAL
NOTICE OF SHERIFF'S SALE
In the Court of Common Pleas of
Cumberland County,Pennsylvania
NO. 12-5221-CIVIL
NATIONSTAR MORTGAGE,LLC
Vs.
JODY L.BITNER
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
NOTICE TO:JODY L.BITNER
Being Premises: 1481 NEWVILLE
ROAD,CARLISLE,PA 17015-9499.
Being in NORTH MIDDLETON
TOWNSHIP, County of CUMBER-
LAND, Commonwealth of Pennsyl-
vania.
TAX PARCEL NUMBER: 29-19-
1653-015.
Improvements consist of residen-
tial property.
Sold as the property of JODY L.
BITNER.
Your house (real estate) at 1481
NEWVILLE ROAD, CARLISLE, PA
17015-9499 is scheduled to be sold
at the Sheriff's Sale on September
4, 2013 at 10:00 A.M. at the CUM-
BERLAND County Courthouse, 1
Courthouse Square,Room 303,Car-
lisle,PA 17013,to enforce the Court
Judgment of$142,445.26 obtained
by, NATIONSTAR MORTGAGE, LLC
(the mortgagee) against the above
premises.
PHELAN HALLINAN,LLP
Attorneys for Plaintiff
July 26
9
s
PROOF OF PUBLICATION
State of Pennsylvania,County of Cumberland
iackie Cox,Director of Sales,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):
My 19,2013
COPY OF NOTICE OF PUBLICATION
NOTICE OF SHERIFF'S BALE
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA Affiant further deposes that he/she is not
NO.12-6221-CIVIL interested in the subject matter of the
NATIONSTAR MORTGAGE,LLC aforesaid notice or advertisement,and that
vs JODY L.SITNER all allegations in the foregoing statement as
NOTICE TO:JODY L.BITNER to time, lace and character of publication
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY p
0etn0 P(aniisos 1481 NEWVIL�E ROAD.CARLISLE,PA 17015.0499 e•
Saint,in NORTH 101160:ETON T,CWNSHIP,County of CUMBERLAND,
CammaltweatlhotwPinns Iranla
'TAX,PAR 41),169.3.015.
Improvements consist a Idential property.
Sold as the property of JODY L.BITNER
Your house(real estate)at 1481 NEWVILLE ROAD,CARLISLE PA
17015-8499 is scheduled to be sold at the Sheriffs Sale on 09AW2019 at
1B.00 AM,at the CUMBERLAND County Courthouse.I Courthouse
Square Room 303,Carlisle,PA 17013•to antorce Ina Court Judgment of
$142.445:26 obtained try,NATIONSTARMORT.GAGE,LLC(the
mort9 +0). u�rnat�r, a� ,prmi .: Sworn to and subscribed before me this
PHELAN HALLINAN,LLP
Attorney for Plaintiff r A04
j41----('�Ii1-
Ahvj-
Notary Public
My commission expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Bethany M.Holtry,Notary Public
Carlisle Boro,Cumberland County
My Commission Expires Sept.26 1015
MEMBER,t[NttSYI;VANIA ASSOCIATTON OF NOTARIES
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
NATIONSTAR MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
VS.
CUMBERLAND County
JODY L. BITNER :
A/KJA JODY L. RHODY No.: 12-5221-CIVIL
Defendant
ORDER
AND NOW, this day of t2-4Q2013, 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 $128,934.11
Interest Through September 4,2013 $24,185.86
Legal fees $1,875.00
Cost of Suit and Title $1,032.87
Property Inspections $363.00
Property Preservation $320.00
Appraisal/Brokers Price Opinion $90.00
Escrow Deficit $5,674.78
Suspense/Misc. Credits ($1,172.07)
TOTAL $161,303.55
Plus interest at six percent per annum.
Note: The above figure is not a payoff quote. Sheriff's commission is not included in the above
figure.
b11b11 �Sthldd BY THE COURT:
LC Nn Nv'83ewno
d3S C167
J.
/j3 779456
r r
PR0 T l�r `G`
PHELAN HALLINAN, LLP � � 0!yo TA t,°j'
Attorney for Plaintiff aEP 26 f1pl,
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza CUMBERLAND COUNT v
Philadelphia, PA 19103 PENNSYLVANIA
215-563-7000
NATIONSTAR MORTGAGE, LLC
CUMBERLAND COUNTY
Plaintiff COURT OF COMMON PLEAS
vs. CIVIL DIVISION
JODY L. BITNER NO. 12-5221-CIVIL
A/K/A JODY L. RHODY
Defendant
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PURSUANT TO P.R.C.P., 404(2)/403
I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above
captioned matter was sent by regular mail and certified mail,return receipt requested, to JODY L.
BITNER A/K/A JODY L. RHODY on JULY 23, 2013 in accordance with the Order of Court dated
JUNE 25, 2013. The property was posted on JULY 24, 2013. Publication was advertised in THE
CUMBERLAND LAW JOURNAL on-JULY 26, 2013 &in THE SENTINEL on JULY 19, 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:
By: �
Meredi Wooters, Esq., Id. No.307207
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
NATIONSTAR MORTGAGE,LLC
CIVIL DIVISION
Plaintiff
NO. 12-5221-CIVIL
V.
JODY L.BITNER
A/K/A JODY L.RHODY
Defendant
ORDER
AND NOW,this day of ,2013,after
consideration of Plaintiff s Motion for Service of Notice of Sale Pursuant to Special Order of
Court,it is hereby:
ORDERED that pursuant to Pa.R.C.P.430(a),service of the Notice of Sale is
permitted on Defendant JODY L.BITNER,A/K/A JODY L.RHODY by:
REGULAR MAIL TO JODY L.BnNER,A/K/A JODY L.
RHODY at 80 ALTERS ROAD,CARLISLE,PA 17015 and 1481
NEWVILLE ROAD,CARLISLE,PA 17015-9499 Service by
mail is complete upon the date of mailing
✓
CERTIFIED MAIL TO JODY L.BITNER,A/K/A JODY L.
RHODY at 80 ALTERS ROAD,CARLISLE,PA 17015 and 1481
NEWVILLE ROAD,CARLISLE,PA 17015-9499
Service by mail is complete upon the date of mailing
POSTING 1481 NEWVILLE ROAD,CARLISLE,PA 17015-
9499
PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH
PA.R.C.P.3129.2(D).
BY THE COURT:
D ,
J.
PHS#285628
CC PHELAN HALLINAN,LLP
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
JODY L.BTTNER A/I{/A JODY L.RHODY
1481 NEWILLE ROAD,CARLISLE,PA 17015-9499
m-fir
�e -r�r
Nr N pa
a
0 i°
c-n
zo om
Name and Phelan Hallinan,LLP 1 L'
Address 1617 JPK Bovlevard,Suite 1400
Of Sender One Penn Center Plaza ` r 7. �I C4 N
Philadel hi PA 19103 xvM tic i.i. 10
Line Article Number Name of Addressee,Street and Post Office Address e �k
I «««« JODY L.BI I TNER r$f o
80 ALTERS ROAD = "'
a
CARLISLE PA 17015 R t� act
2 ** « JODY L.BITNER o
1481 NEWVILLE ROAD S0.4b No°o
CARLISLE PA 17015-9499
RE:JODY 1.,BITNER A/K/A JODY L.RHODY(CUMBERLAND) PH#779456/1200 Page i of 50.92
Y
Tad Nmnber of Taut Number of Pixel Ponmanar,Pat(Name of The full deelwge of vakie la roW+�ao all dmaaak and mtemuiort rt&cmd mud.The at f. ••�
them tined by Scodcr Rocclwd of Pop onus RxtiviyEmployoo for theraoonutuction of a jotubk doameat%undn F.V=Mail docuateat reeaWnctm i
pica**joa to a Gait of SSD.M per owwrtmoe.The xtaxiro in 1, ty payabk on Expo.
The maximum iadenadty payabk is Sl$.DOD ra n**ored wait,neat milk optional iaaataara Sc
R9W 5911 mad 5911 fm Gathniow ofowfty
Form 3877 Facsimile
779456
7178 2417 6099 0140 4215
LNM/779456
JODY L. BITNER A/K/A JODLY L. RHODY
80 ALTERS ROAD
CARLISLE, PA 17015-0000
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YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE S 11ME LOCATION FEATURES
i 71782417609901404215 1 First-Class Mail* Processed through August 4,2013,9:29 pm PHILADELPHIA,PA 19176 Scheduled Delivery Day:
USPS Sort Facility '' July 20,2013
. I Certified Mail° '
i
Return Receipt Electronic '
Processed through August 3,2013.11:52 pm !PHILADELPHIA,PA 19176
' USPS Sort Facility
Processed through :August 2,2013,11:03 am LANCASTER,PA 17604 '
'USPS Sort Facility
.Depart USPS Sort August 1,2013 LANCASTER,PA 17604
-Facility
Processed through August 1,2013,4:00 am :LANCASTER,PA 17604
'USPS Sort Facility
s ;Undeliverable as July 24,2013,4:47 pm CARLISLE,PA 17013
s Addressed
i
Notice Left July 22,2013,5:47 pm CARLISLE,PA 17015
'ARival at Unit 'July 20,2013,8:41 am i CARLISLE,PA 17013
Depart USPS Sort Jury 20,2013 HARRISBURG,PA 17107 1
Facility
Processed through 'July 20,2013,2:54 am HARRISBURG,PA 17107
'.USPS Sort Facility
,Processed through 1 Jury 19,2013,1:49 pm HARRISBURG,PA 17107
USPS Sort Facility
Depart USPS Sort July 18,2013 PHILADELPHIA,PA 19176
Facility ! i
1
1 Processed at USPS July 18,2013,11:19 pm PHILADELPHIA,PA 19176
Origin Sort Facility
' !Dispatched to Sort July 18,2013,6:09 pm PHILADELPHIA,PA 19102 i
j Facility
Acceptance ;July 18,2013,2:51 pm i PHILADELPHIA,PA 19102
! f
. Electronic Shipping Info 'July 18,2013 '
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7178 2417 6099 0140 4222
LNM/779456
JODY L. BITNER A/K/A JODLY L. RHODY
1481 NEWVILLE ROAD
CARLISLE, PA 17015-9499
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71782417609901404222 First-Class Mail° Processed through August 4,2013,9:29 pm .PHILADELPHIA,PA 19176 Scheduled Delivery Day:
I USPS Sort Facility July 20,2013
+ Certified Mail°
i
Return Receipt Electronic
j •Processed through August 3,2013,11:52 pm PHILADELPHIA,PA 19176
USPS Sort Facility -
Processed through August 2,2013,11:03 am LANCASTER,PA 17604
USPS Sort Facility .
Processed through August 1,2013,4:00 am LANCASTER,PA 17804
USPS Sort Facility
' Processed through July 26,2013,2:45 am HARRISBURG,PA 17107
USPS Sort Facility
Processed through July 25,2013,12:42 pm LANCASTER,PA 17604
USPS Sort Facility .
Depart USPS Sort July 25,2013 .LANCASTER,PA 17604
Facility
•Processed through July 24,2013,8:41 am LANCASTER,PA 17604
USPS Sort Facility
Forwarded July 22,2013,11:22 am CARLISLE,PA
Forwarded July 20,2013,8:43 pm CARLISLE,PA
!Arrival at Unit 'July 20,2013,8:41 em CARLISLE,PA 17013
I
Depart USPS Sort July 20,2013 ;HARRISBURG,PA 17107
Facility
Processed through 'July 20,2013,2:54 am I HARRISBURG,PA 17107 -
USPS Sort Facility
Processed through July 19,2013,1:49 pm ;HARRISBURG,PA 17107
.USPS Sort Facility
Depart USPS Sort July 18,2013 PHILADELPHIA,PA 19176 '
I Facility
i Processed at USPS 1 July 18,2013,11:19 pm PHILADELPHIA,PA 19176
Origin Sort Facility
1
Dispatched to Sort ,July 18,2013,6:09 pm PHILADELPHIA,PA 19102
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AFFIDAVIT OF SERVICE(FHLMC)
PLAINTIFF CUMBERLAND COUNTY
NATIONSTAR MORTGAGE,LLC"
PH#779456
DEFENDANT SERVICE TEAM/snl
JODY L.BITNER A/K/A JODY L.RHODY COURT NO.:12-5221-CIVIL
SERVE JODY L.BITNER A/K/A JODY L.RHODY AT: TYPE OF ACTION
1481 NEWVILLE ROAD XX Notice of Sheriffs Sale
CARLISLE,PA 17015-9499 SALE DATE:09/04/2013
****PLEASE POST THE PROPERTY***
***PLEASE POST THE PROPERTY PER THE COURT ORDER.
PLEASE POST THE PROPERTY BY 8/1/2013***
SERVED -��
Served and ade known t JODY L. BITNER A/K/A JODY L. RHODY, Defendant on the day of J`1 V
20 U,at o'clock M.,at 1481 NEWVIL,LE ROAD,CARLISLE,PA 17015-9499,in the manner described
below: F
Defendant personally served.
_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.
_ an officer of said Defendant's company.
XX Other: POSTED THE PROPERTY
Description: Age Height Weight Race Sex Other
I, A400+"t ALL ,a competent adult,hereby verify that I personally posted the property with a true and correct
copy of the Notice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the
address indicated above. 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: 1 ozk3 NAME:
PRINTED NAME: �� KF
Y MINARIK
�2,, NOTARY PUBLIC
TITLE: 4` `"(ew ? L STATE OF NEW 1£RSEY
MY COMMISSION EX IRES JULY 31,2014
NOT SERVED
On the day of ,20_,at o'clock_.M.,I, a competent adult hereby
state that �endant N ecause:
_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:
ATTORNEY FOR PLAINTIFF
Lawrence T.Phelan,Esq.,Id.No.32227
Francis S.Hallinan,Esq.,Id.No.62695
Daniel G.Schmieg,Esq.,Id.No.62205
Michele M.Bradford,Esq.,Id.No.69849
Judith T.Romano,Esq.,Id.No.58745
Jenine R.Davey,Esq.,Id.No.87077
Lauren R.Tabas,Esq.,Id.No.93337
Jay B.Jones,Esq.,Id.No.86657
Andrew L.Spivack,Esq.,Id.No.84439
Chrisovalante P.Fliakos,Esq.,Id.No.94620
Courtenay R.Dunn,Esq.,Id.No.206779
Allison F.Zuckerman,Esq.,Id.No.309519
Melissa J.Cantwell,Esq.,Id.No.308912
Mario J.Hanyon,Esq.,Id.No.203993
/9
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
July 26, 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 Lisa,'Marie Coyne, EcIftor
SWORN TO AND SUBSCRIBED before me this
26 day of July, 2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
CUMBERLAND LAW JOURNAL
NOTICE OF SHERIFF'S SALE
In the Court of Common Pleas of
Cumberland County, Pennsylvania
NO. 12-5221-CIVIL
NATIONSTAR MORTGAGE, LLC
vs.
JODY L. BITNER
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
NOTICE TO:JODY L. BITNER
Being Premises: 1481 NEWVILLE
ROAD, CARLISLE,PA 17015-9499.
Being in NORTH MIDDLETON
TOWNSHIP, County of CUMBER-
LAND, Commonwealth of Pennsyl-
vania.
TAX PARCEL NUMBER: 29-19-
1653-015.
Improvements consist of residen-
tial property.
Sold as the property of JODY L.
BITNER.
Your house (real estate) at 1481
NEWVILLE ROAD, CARLISLE, PA
17015-9499 is scheduled to be sold
at the Sheriff's Sale on September
4, 2013 at 10:00 A.M. at the CUM-
BERLAND County Courthouse, 1
Courthouse Square,Room 303,Car-
lisle,PA 17013,to enforce the Court
Judgment of$142,445.26 obtained
by, NATIONSTAR MORTGAGE, LLC
(the mortgagee) against the above
premises.
PHELAN HALLINAN, LLP
Attorneys for Plaintiff
July 26
9
PROOF OF PUBLICATION
State of Pennsylvania,County of Cumberland
Jackie Cox,Director of Sales,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):
Tuly 19,2013
COPY OF NOTICE OF PUBLICATION
NOTICE OF SHERIFF'S SALE
IN THE COURT OF COMMON PLEAS Affiant further deposes that he/she is not
OF CUMBERLAND COUNTY,PENNSYLVANIA
NO.12-5221-CIVIL interested in the subject matter of the
NATIONSTAR MORTGAGE,LLC I aforesaid notice or advertisement,and that
Vs.
JODY L.BITNER all allegations in the foregoing statement as
NOTICE OF SHERIFF'S L.BITNER to time, lace and character of publication
NOTICE OF SHERIFF'S SALE OF,REAL PROPERTY ' P P
Being Premises:1481 NEWVILLE ROAD,CARLISLE,PA 17015-9499
e e.
Being in NORTH MIDDLETON TOWNSHIP,County of CUMBERLAND,
Commonwealth of Pennsylvania
` TAX PARCEL NUMBER:29-19-1653-015. X/y M�/
f Improvements consist of residential property.
Sold as the property of JODY L.BITNER
Your house(real estate)at 1481 NEWVILLE ROAD,CARLISLE,PA
17015-9499 is scheduled to be sold at the Sheriffs Sale on 09/04/2013 at
10:00 AM,at the CUMBERLAND County Courthouse,1 Courthouse
Square,Room 303,Carlisle,PA 17013,to enforce'the Court Judgmenfof
mortgagee), obtained by;above STAR MORTGAGE,,L:C(tHe Sworn to and subscribed before me this
mortgagee),against the above premises:-� I
PHELAN HALLINAN,LLP
Attorney for Plaintiff
Notary Public
My commission expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Bethany M.Holtry,Notary Public
Carlisle Boro,Cumberland County
My Commission Expires Sept.26,2015
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson :- , r-. i..
Sheriff ,ii L L.D s7
�tt"ty, of C111116, r'^ i ; P71 ! HON }tial','+
Jody S Smith `
Chief Deputy � z 2013 NOY 2 2 AN 8: 4 5
Richard W Stewart
Solicitor OPTICE OF FIDE SHERIFF CUMBERLAND COUNTY
PENNSYLVANIA
Nationstar Mortgage, LLC
vs. Case Number
Jody Lee Bitner a/k/a Jody L. Rhody 2012-5221
SHERIFF'S RETURN OF SERVICE
06/24/2013 06:47 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 1481 Newville Road, North Middleton Township, Carlisle,
PA 17015, Cumberland County.
07/16/2013 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: Jody Lee Bitner, a/k/a Jody L. Rhody, 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 80 Alters Road, Carlisle, PA 17015, property is
vacant, did not leave a forwarding address per post office.
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$1.00 to Attorney Joseph Schalk on behalf of Federal Home
Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of$
SHERIFF COST: $814.37 SO ANSWERS,
November 20, 2013 RON R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft,Inc.
On April 22, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
North Middleton Township, Cumberland County, PA,
Known and numbered as, 1481 Newville Road,
Carlisle, Exhibit "A" filed with this writ
and by this reference incorporated herein.
Date: April 22, 2013
By:
q
el estaoordinator
E.141
LXII 30 CUMBERLAND LAW JOURNAL 07/26/13
2012-5221 Civil Term
NATIONSTAR MORTGAGE, LLC
VS.
JODY LEE BITNER a/k/a
Jody L. Rhody
Atty.:Joseph Schalk
By virtue of a Writ of Execution
No. 12-5221-CIVIL, NATIONSTAR
MORTGAGE,LLC v.JODY L.BITNER
a/k/a JODY L. RHODY owner(s) of
property situate in the TOWNSHIP
OF NORTH MIDDLETON,CUMBER-
LAND County, Pennsylvania, being
1481 NEWVILLE ROAD, CARLISLE,
PA 17015-9499.
Parcel No. 29-19-1653-015.
Improvements thereon:RESIDEN-
TIAL DWELLING.
Judgment Amount:$142,445.26.
28
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:
July 26, August 2 and August 9, 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.
r
�Ja Marie Coyne, y ditor
SWORN TO AND SUBSCRIBED before me this
day of Au st 2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
The Patriot-News Co. Z4e 1900 Patriot Drive Patr1*ot� �Xews Mechanicsburg, PA 17050
Inquiries - 717-255-8213 Now you know
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Michael J. Morrow, being duly sworn according to law, deposes and says:
That he is the 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 1900 Patriot Drive, in the Township of
Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s)shown below:
- -
2012.5221 Chdl Term 07/28/13
NATIONSTAR MORTGAGE,LLC 08/04/13
VS. _
JODY LEE BITNER,a/k/a Jody L. 08/11/13
Rhody
Atty: Joseph Schalk
` By virtue of a Writ of Execution No. . . . . . . . . . . . . . . . . . . . . .
12-5221-CIVIL
VSATIONSTARMORTGAGE LLC S rn o nd subscrib` efore this 3 da of Augus 2013 A.D.
JODY L.BITNER AXIA JODY L.RHODY
owner(s) of property situate in the
TOWNSHIP OF NORTH MIDDLEI'ON,
CUMBERLAND County, Pennsylvania,
being Nota ublic
1481 NEWVILLE ROAD,CARLISLE,PA
17015-9499
Parcel No.29-19-1653-015.
(Acreage or street address)
Improvements thereon: RESIDENTIAL tQMMONWRAM QF PENNSYLVANIA
DWELLING Notarial Seal
IJudgment Amount:$142,445.26 tl®II Lynn Warfel,Notary Public
wo If•gt9h ZVap,,Dauphl Cou nty
P @14flt�iEl�lW res Dec,12,2016
IS$[MUW OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Federal Home loan Mortgage Corporation is the grantee the same having
been sold to said grantee on the 4th day of September A.D., 2013,under and by virtue of a writ
Execution issued on the 18th day of April, A.D., 2013, out of the Court of Common Pleas of said
County as of Civil Term, 2012 Number 5 22 1, at the suit of Nationstar Mortgage LLC against Jody L.
Bitner, Jody L. Rhody is duly recorded as Instrument Number 201337488.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this cZ day of
A.D.
Recorder of Deeds
Recorder Deeds, d County,Carlisle,PA
My Commission Expires the Fast Monday of Jan.2014