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HomeMy WebLinkAbout05-5534PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2151 563-7000 CHASE HOME FINANCE, LLC 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DNISION Plaintiff TERM CUMBERLAND COUNTY SAMUEL E. RI'I"TER DONNA M. BITTER 422 VALLEY STREET MECHANICSBURG, PA 17055 Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 THI5 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Refeaal Service Cumberland County Bar Association 32 Souih Bedford Street Carlisle, PA 17013 (800)990-9108 File #~. l 13ll9 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Y'ile #: 113119 Plaintiff is CHASE HOME FINANCE, LLC 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: SAMUEL E. BITTER DONNA M. BITTER 422 VALLEY STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/13/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ADVANTA FINANCE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. Book: 1369, Page: 1084. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due l 1/18(2004 and each month thereafter aze due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 113119 6. The following amounts are due on the mortgage: Principal Balance $50,636.40 Interest 5,535.75 10/18/2004 through 10/15/2005 (Per Diem $15.25) Attorney's Fees 1,250.00 Cumulative Late Charges 127.36 03/13/1997 to 10/15/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 58,099.51 Escrow Credit 0.00 Deficit 3,641.56 Subtotal $ 3,641.56 TOTAL $ 61.741.07 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 61,741.07, together with interest from 10/15/2005 at the rate of $15.25 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG~~~ ~.-~,77 By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Nile#: 113119 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filirrg of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ~ ,, Francis S. Hallinan, Esquire Attorney fr~r Plaintiff DATE: I o I oS LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated March 2S, 1970, as follows: BEGINNING at a point marked by an iron pin on the Northwestern side of Valley Street at the intersection of the same with the Northeastern line of 15 feet wide alley; thence along said alley, North fifty-one (S 1) degrees sixteen (16) minutes West one hundred forty and five hundredths (140.OS) feet to a railroad spike at the Southeastern line of another 1 S feet wide alley; thence along the same North thirty-three (33) degrees thirty (30) minutes East sixty (60) feet to a metal post at a comer of land now or late of Frank Heller; thence along said land South fifty-six (56;1 degrees forty-seven (47) minutes fifty-six (S6) seconds East one hundred forty (140) feet to another metal post on the Northwestern line of Valley Street; thence along Valley Street, South thirty-three (33) degrees fifty-five (SS) minutes twenty-eight (28) seconds West seventy-three and five tenths (73.5) feet to the point and place of BEGINNING. HAVING thereon erected a two story frame dwelling house known as 422 Valley Street, Mechanicsburg, Pennsylvania. BEING the same premises which James W. Bowen and Marjorie C. Bowen, his wife, by deed dated Apri] 3Q 1970 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book'Q', Volume 23, Page 44, granted and conveyed unto Earl Richard Fearnbaugh and Mary C. Fearnbaugh, his wife, the Grantors herein. Being No. 422 Valley Street File #: 113119 ~ ~. ~ ~, ,~ ~ A ~ ) ~ -- ~ iJ a W ~ _ \~ ~ , .; __ ~ SHERIFF'S RETURN - REGULAR CASE N0: 2005-05534 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS RITTER SAMUEL E ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE RITTER DEFENDANT the at 1352:00 HOURS, on the 1st day of November , 2005 at 5328 OXFORD CIRCLE 2 MECHANICSBURG, PA 17055 by handing to DONNA M RITTER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 .00 39.52 Sworn and Subscribed to before me this ~ ~ da/y of W1FUnA-Uta, ~, 0 t) 5 A . D . ~- no ary So Answers: .: ~- ~,..,.-~7 r~ ., R. Thomas Kline 11/oz/zoos PHELAN HALLINAN SCHMIEG By ~//~ ~// ~/ / ,/!/Yf/'/~ry Deputy Sheriff was served upon „ w CASE NO: 2005-05534 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS RITTER SAMUEL E DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RITTER DONNA M the DEFENDANT at 1352:00 HOURS, on the 1st day of November 2005 at 5328 OXFORD CIRCLE APT 24 MECHANICSBURG, PA 17055 by handing to rr.n+,..r nn nrmmon a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments 422 VALLEY STREET APPEARS TO BE VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before w me this 9 day of ~iwWA, o~ t.°-01 A . D . P~ not y So Answers: ,,. .,- R. ThomasKline 11/oz/loos PHELAN HALLINAN SCHMIEG By ~ ~i / d ~ ~/ 1 /1/~Y1/~^~]~ Deputy Sheriff PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintff ONE PENN CENTER AT SUBURBAN STATION 1617 JOAN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 1215) 563-7000 CHASE HOME FINANCE, LLC 10790 RANCHO BERNARDO ROAD SAN DEIGO, CA 92127 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. SAMUEL E. BITTER DONNA M. BITTER Defendant(s). CIVIL DIVISION NO. OS-5534 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SAMUEL E. BITTER and DONNA M. BITTER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/15/OS to 12/20/05 TOTAL $61,741.07 $1,021.75 $62,762.82 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~~~L c2QOS~ PRO ROTHY (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CHA5E HOME FINANCE, LLC 10790 RANCHO BERNARDO ROAD Plaintiff, v. SAMUEL E. BITTER DONNA M. BITTER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. OS-5534 CIVIL TERM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: ~ _ DEPLITX If you have any questions concerning this matter, please contact: ~t DANIEL G. SCHMIEG, ESQUIItE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-70(10 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 CHASE HOME FINANCE, LLC Plaintiff V s. SAMUEL E. RITTER DONNA M. RITTER Defendants TO: SAMUEL E. RITTER 5328 OXFORD CIRCLE APT 24 MECHANICSBURG, PA 17055 DATE OF NOTICE: NOVFMRF.R 22; 2005 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. OS-5534 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE [S 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, 7"HIS 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 [N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IlV 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 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 OFFtCI: CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. [E YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU W[TH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE', CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Tit,fvN.Ll2 ,0. ~%~,uM FRANCIS S HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (~IS~ SF~-7onn CHASE HOME FINANCE, LLC :COURT OF COMMON PLEAS Plaintiff Vs. SAMUEL E. RITTER DONNA M. RITTER Defendants TO: DONNA M. RITTER 5328 OXFORD CIRCLE APT 24 MECHANICSBURG, PA 17055 DATE OF NOTICE: NOVF.MRFR 22. 2005 CIVIL DIVISION CUMBERLAND COUNTY NO. OS-5534 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 PURPOSEIF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 'CHIS 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 FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS 70 THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 oLur~~l ~. / l~'LLXXl~r~Grr~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 CHASE HOME FINANCE, LLC 10790 RANCHO BERNARDO ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. SAMUEL E. BITTER DONNA M. BITTER Defendant(s). CIVIL DIVISION N0.05-5534 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SAMUEL E. BITTER is over 18 years of age and resides at , 5328 OXFORD CIRCLE, APT. 24, MECHANICSBURG, PA 17055 . (c) that defendant DONNA M. BITTER is over 18 years of age, and resides at , 5328 OXFORD CIRCLE, APT. 24, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ' ~~'~~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff V/ ^p~ l Q {~{' . ~ "~R V `v p~ V`~ S- c1XlY, \ ~~ (-> r= _., i ,,. . r~ c~ <~ ~~~ c.~ t~ h~ ~7 N n) ". (5 -n a r rn TAR' 1L_i J;`(L' _. C11 a c PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P. 3180-3183 CHASE HOME FINANCE, LLC Plaintiff, v. SAMUEL E. BITTER DONNA M. BITTER No. OS-5534 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/20/05 to JUNE 7, 2006 (per diem -$10.32) $62,762.82 $1,744.08 and Costs TOTAL $64,506.90 ~-'czv~,l' ~J.~d c~w~ DANIEL G. SCHMIEG, ESQi~IRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-18].4 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. yL„ ~' d~ Wy am z a v~ O v ~~ O a ~~ ~U a a x m x U Wy Wyy ~+ G ~~ W ~' Z '~ o mA Y ~ ~ YL '` ' ~ ~ v " ' C~^ l ~L- L ~LyY I v 1..1 ~~. (l ^ 1 Y- st"~ ~ ~ f 8 t~ ~ ~ /n~ U L/1 ~ M ~1' H UW _ ~C ~ W~ 0 ~ d o w 3~ Q L w~ a~ U f ` 4 l Q ~ ~ 11 FF vJ „9 Ln O~ r2S -... ~ ~~ 00 ~-- F ~ "'~ a 4" V xx ~~ ~ N N F'~ [~ ~~ a a U w s Y V U ~ q ^' rl+ ~~ O~ 0 ~~ ~ ~ M M N ~ H w V' ^ O VI r„ ~ ~- M '~ N 3 ~ ray N _~~ V r~~ i ALL THAT CERTAIN lot or piece of land situate in the Borough of Mechanicsburg, Cumberland County, Petnsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated March 25, 1970, as follows: BEGINNING at a point marked by an iron pin on the Northwestern side of Valley Street at the intersection of the same with the Northeastern fine of 15 feet wide alley; thence along said alley, North fifty-one (Sl) degrees sixteen (16) minutes West one hundred forty and five hundredths (t40.05) feet to a railroad spike at the Southeastern line of another 15 feet wide alley; thence along the same North thirty-three (33) degrees thirty (30) thence along the same North thirty-three (33) degrees thirty (30) minutes East sixty (60) feet to a metal post at a corner of land now or late of Frank Heller, thence along said land South fifty-six (56) degrees forty-seven (47) minutes fifty-six (56) seconds East one hundred forty (140) feet to another metal post on the Northwestern line of Valley Street; thence along Valley Street, South thirty-tlu-ee (33) degrees fifty-five (55) minutes twenty-eight (28) seconds West seventy- three and five tenths (73.5) feet to the point and place of Beginning. HAVING thereon erected a two story frame dwelling house known as 422 Valley Street, Mechanicsburg, Pennsylvania. Tax Parcel N 20-24-0785-215 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Samuel E. Ritter and Donna M. Ritter, his wife By Deed from Ear( Richard Fearnbaugh and Mary C. Fearnbaugh, his wife, dated 11/17/1988 and recorded il/18/1988 in Record Book 33R, Page 332. PREMISES BEING: 422 VALLEY STREET, MECHANICSBURG, PA 17055 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE, LLC Plaintiff, v. SAMUEL E. BITTER DONNA M. BITTER Defendant(s). NO. OS-5534 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage O non-owner occupied O vacant (}Q Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ri i... <_~a ;~ >Ti O T_-r~ [' ~~l ('7 -.f rig ~' ~ G1 :%7 -' [{ CHASE HOME FINANCE, LLC v. Plaintiff, SAMUEL E. BITTER DONNA M. BITTER CIVIL DIVISION NO.OS-5534 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CHASE HOME FINANCE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,422 VALLEY STREET, MECHANICSBURG. PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name SAMUEL E. BITTER DONNA M. BITTER CUMBERLAND COUNTY COURT OF COMMON PLEAS Last Known Address (if address cannot be reasonably ascertained, please indicate) 5328 OXFORD CIRCLE, APT. 24 MECHANICSBURG, PA 17055 5328 OXFORD CIRCLE, APT. 24 MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INCORPORATED 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 422 VALLEY STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. December 27. 2005 ~i~u-~ • _/./ .t~`~ DATE DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff ~.i (1 C. c=; -n 4 r~ ~ ' C ~ _-, n , ~ GJ 7 y % " ' - r, [1 r' '-' :4 S='- r CHASE HOME FINANCE, LLC Plaintiff, v. SAMUEL E. BITTER DONNA M. BITTER Defendant(s). TO: SAMUEL E. BITTER December 27, 2005 5328 OXFORD CIRCLE, APT. 24 MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. OS-5534 CIVIL TERM DONNA M. BITTER 5328 OXFORD CIRCLE, APT. 24 MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTA/NED WILL BE USED FOR THAT PURPOSE. IF YO U HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS !S 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 422 VALLEY STREET MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $62,762.82 obtained by CHASE HOME FINANCE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You 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 good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2151563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 -' DN.SCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated March 25, 1970, as follows: BEGINNING at a point marked by an iron pin on the Northwestern side of Valley Street at the intersection of the same with the Northeastern line of IS feet wide alley; thence along said alley, North fifty-one (51) degrees sixteen (lb) minutes West one hundred forty and five hundredths (140.05) feet to a railroad spike at the Southeastern line of another 15 feet wide alley; thence along the same North thirty-three (33) degrees thirty (30) thence along the same North thirty-three (33) degrees thirty (30) minutes East sixty (60) feet to a metal post at a corner of land now or late of Frank Heller; thence along said land South fifty-six (56) degrees forty-seven (47) minutes fifty-six (56) seconds East one hundred forty (140) feet [o another metal post on the Northwestern line of Valley Street; thence along Valley Street, South thirty-three (33) degrees fifty-five (55) minutes twenty-eight (28) seconds West seventy- three and five tenths (73.5) feet to the point and place of Beginning. HAVING thereon erected a two story frame dwelling house known as 422 Valley Street, Mechanicsburg, Pennsylvania. Tax Parcel Jf 20-24-0785-215 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Samuel E. Ritter and Donna M. Ritter, his wife By Deed from Earl Richard Fearnbaugh and Mary C. Fearnbaugh, his wife, dated 11/l7/1988 and recorded 11/18/1988 in Record Book 33R, Page 332. PREMISES BEING: 422 VALLEY STREET, MECHANICSBURG, PA 17055 C) ^, C. ~~ C) ~..~ -~, ~~- q ~V Cu "; rrrl . j ~3 -'+ ` ` • • '1 - y. _ "` W12IT OF EXECUTLON and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO OS-5534 Civil CIVIL AC'f lON -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC, Plaintiff (s) From SAMUEL E. BITTER AND DONNA M. BITTER (1) You are directed W 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 $62,762.82 L.L. $.50 Interest FROM 12/20/05 TO 6/7/06 (PER DIEM - $10.32) - $1,744.08 AND COSTS Atty's Comm Atty Paid 5137.52 Plaintiff Paid Date: DECEMBER 28, 2005 (Seal) Due Prothy $1.00 Othec Costs P othonotar By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA ]9103-1814 Attorney tor: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFRIAVIT OF SERVICE PLAINTIFF CHASE HOME FINANCE, LLC DEFENDANT(S) SAMUEL E. BITTER DONNA M. BITTER SERVE SAMUEL E. BITTER AT 532$ OXFORD CIRCLE, APT. 24 MECHANICSBURG, PA 17055 Served and made known to _J.divvt ~ tl e I'~~¢/r! CUMBERLAND COUNTY PMB No. [IS-5534 CFVLL TERM ACCT.#14804413 Type of Action - Notice of Sheriff s Sale Sale Date: JUNE 7, 2006 SERVED i Defendant, on the _ ~ day of ~~~"~'~~Z00 S at ~ ~ .~/~ ,o'clock ~.m., at J`'32~ El't p'°RJ C ~`I ~- ~ Z Y GVt~f~""~S ~''"~~ , Commonweal[6 of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). --Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other- ' v Description: Age ~ Heighf5 ~~_ Weight Z~"D Race t" Sex~~ Other I, ~' S ~l/~~+13 , a competent aduh, being duly sworn according to law, depose and state that I personally handed a tme and correct copy of the No[ice 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. /- ~wom to and su~cribed / b ~ t . ` /3 ~9 / By: // / ~. FpL~ aA Ste e o ~ eW J ~ T S RVICE A"p LEAST 3 TIMES. INDICATE DATES &'fIMES OF SERVICE A'T'TEMPTED. ' PATRICIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of 200_, at Moved Utilrnown No Answer 1°` Attempt: / / Time: 3rd Attempt: / / Time: Sworn [o and subscribed before me this day of _ , 200 _. Notary: I3y: Attorney for Plain[i(f Daniel G. Schmieg, Esquire - LD. No. 62205 o'clock _.m, Defendant NOT FOUND because: Vacant 2nd Attempt: / / Time: ,~~ ~~2 ..~, t~ ~, ~- ~;- fi ~.~ ;,{> __,; ~. ,~_ (, r~ J C:~ ~~ Gh G' AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF CHASE HOME FINANCE, LLC PMB No. OS-5534 CIVIL TERM DEFENDANT(S) SAMUEL E. RITTER DONNA M. RITTER ACCT. #14804413 SERVE DONNA M. RITTER AT Type of Action 5328 OXFORD C[RCLE, APT. 24 -Notice of Sheriff's Sale MECHANICSBURG, PA 17055 Sale Date: NNE 7, 2006 'r" SERVED Served and made known to ~N~~ 1Zt~FrQ - __, Defendant, on the __~ ~ day of ~C~wBe •2 ,200~at ~~~'Y" ,o'clockl~.m.,at ~37~ h~CT.zt> CC~uE ~f 2y Commonwealth of Pennsylvania, in the [Wanner described below: Defendant personally served. _j~__Adult family member with whom Defendant(s) reside(s). Name and Relationship is {~-~k'v~ Adult in charge of De(endant(s)'s residence who refused to give name or relationslhtip. ManagerlClerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: b Description: Age ~~.. Height lr Weight ~'e~ Race `v Sex +^= Other I,`'C~tsoJ~`e '~ t/A~1na , a competent adult, being duly sworn according to law, depose and state that I personally handed a tme and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sw rn to and su ~scr}b~ ,/®~~ ~. - .erne. ~ day ~i. ~/4.~----~ ,200 . `\ Not !~- LN tzry ~~'~~MP1' SERVICE A'I' LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE t ATTEMPTED. State of New Jersey PATRICIAtres JJune 16, 2008 NOT SERVED Commission Exp On the day of _._ ._.__ , 200_, at o'clock _.m., Defendant NOT FOiJND because: Moved Unknown No Answer ~~ 1't Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this ___ day of ,200 _. Notary: BY~ Altornev for Plaintiff Daniel G. Schmieg, Esquire - LD. No. 62205 Vacant 2nd Attempt:, / / Time: Z ~, ~`- i.7 c__ `i ~_~ `' i"~ c i ti i -ic i;":!; iS ~.~' C_n `:? 4~ ' A SALE DATE: NNE 7, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CHASE HOME FINANCE, LLC vs. SAMUEL E. BITTER DONNA M. BITTER No.: 05-5534 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R,C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 422 VALLEY STREET, MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given 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 attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQ Attorney for Plaintiff June 2, 2006 w r CHASE HOME FINANCE, LLC Plaintiff, v. SAMUEL E. BITTER . DONNA M. BITTER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.OS-5534 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE HOME FINANCE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,422 VALLEY STREET, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Last Known Address (if address cannot be reasonably ascertained, please indicate) Name 5328 OXFORD CIRCLE, APT. 24 MECHANICSBURG, PA 17055 SAMUEL E. BITTER 5328 OXFORD CIRCLE, APT. 24 MECHANICSBURG, PA 17055 DONNA M. BITTER 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Last Known Address (if address cannot be reasonably ascertained, please indicate) Name None 4. Name and address of last recorded holder of every mortgage of record: Name CITIFINANCIAL, INCORPORATED Last Known Address (if address cannot be reasonably ascertained, please indicate) 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the piaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 422 VALLEY STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. December 27. 2005 ~~~ DATE DANIEL G. SCHMIEG, ES Attorney for Plaintiff .. .--~ DATE: ~ ~- /~~ /C/~ CHASE HOME FINANCE, LLC vs. SAMUEL E. BITTER DONNA M. BITTER TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): SAMUEL E. BITTER DONNA M. BITTER PROPERTY: 422 VALLEY STREET MECHANICSBURG, PA 17055 Improvements: Residential dwelling Judgment Amount: $62,762.82 CUMBERLAND COUNTY NO.OS-5534 CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on JUNE 7, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which maybe extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ro; ~ _ _ r ~. t11 .A. w N ~ p ~ oo J O~ v~ 1~. w N a W `< .°e o n n m Z 1 ~ ~ R ~ H ~ O O 3 ~ ~ z ~ ~ ~ o a b y r y y o z y a ~ ~ , z o ~ ~ rr ~~yy ~ m y r r y s"• ~ ~ ~ ~ a O nNi t?i O ~ o ~° O H ~ ~ i a ~ ~ A n ~ ~ C ~ N " ~ v !~ a n ~ rn H d O n =- v~ 7 ~y ~ ~• ~ n b ~. ~g~ ~ H ~ w O ~ ~ ~ ~ w w ~, a ~ ~ r 'z7 v i °. a. e ~, vI b ~g~ ~ ~ ~ ~ ~ - ~, o b `~ b ?~ N ~o od~~ o~~o~ z o x ~ (~ < N ~ ~ ~ ~ N ~ (ym~y j...~ to ~ ~ C n~~ a ~ y W t!I y a o ~ c ~ ~-~~ a a ~~ 6 w ~ O r r~ ~ o ~ ~ V ~ vQ m ~ ~ ~7 ~. Q ~ ~. a o ire ~ g J w ~d~a ~~'~~ o ~a~ A ~" ~ ~ rL v. ~ ~~1 ~. r-+ ~~~~ 0 ~~~~ ~' ~~~~ a~ ~~ ~-. °`a~~ td ~_~ ~~ a' c ~ ~ O. ~ r~7"i ~ ~ N r~i ~o r o r l~ '-d r ~. E y ~~ „ ~~.~ }, . n E~. O ~ ',.7 ® PITNEY 80WE5 _. ~•....' ~ ~ ob 02 1A $ 01.20° ~ n.~ ~ 0004309825 i~C 27 2005 ~ n~ ,~ MAILED FRdM ZIPCODE 1 91 03 ~ ~ ~ `~. ~ ~,. ~1t~ ~~ ~ ~~ c`_- ~:: ~ t;.. -n . - c_ ~ -n ~i T C - C7 ~;` CTi _ > . .-., _ - '' f_.. C~.~ ~~. S --i ~ -ti PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Chase Home Finance, LLC Court of Common Pleas Plaintiff Civil Division vs. Samuel E. Ritter Donna M. Ritter Cumberland County No. OS-5534 CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on October 25, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on December 21, 2005 in the amount of $62,762.82. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. The Property is listed for Sheriffs Sale on September 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 4. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $50,636.40 Interest Through 9/6/06 9,855.48 Per Diem $15.46 Late Charges 0.00 Legal fees 2,325.00 Cost of Suit and Title 2,217.50 Sheriffs Sale Costs 1,455.52 Property Inspections 325.50 AppraisalBPO 87.00 M1P/PMI 0.00 NSF 0.00 Suspense/Nlisc. Credits 0.00 Escrow Deficit 11,166.38 TOTAL $78,068.78 5. The Escrow breaks down as follows: DATE DISBURSEMENT AMOUNT 4/4/06 Escrow Advance 9,995.38 4/28/06 Hazard Insurance 1,171.00 TOTAL $11,166.38 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 Defendants. WHEREFORE, Plaintiffrespectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP Date: By; Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 ,215) 563-7000 Chase Home Finance, LLC Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Samuel E. Ritter No. OS-5534 CIVIL TERM Donna M. Ritter Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAIlVTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants 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. Plaintiff s Note was secured by a Mortgage on the Property located at 422 Valley Street, Mechanicsburg, PA 17055. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. INTEREST The Mortgage clearly requires that the Defendants 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. III. 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. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savinss and Loan Association v Street Road Shoppin Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. 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. S~henson 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 Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust fmancial losses on this loan. VI. 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 & Schmieg, LLP DATE: ~ ~ ~ ~D By: Miche a M. ~adford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE, LLC 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM v. SAMUEL E. BITTER DONNA M. BITTER 422 VALLEY STREET MECHANICSBURG, PA 17055 No. Z~S - S'S'3Y CUMBERLAND COUNTY C~~.C`~~ (~ ^'' rJ Defendants "- ``~ ~'~' ' _ c _.-.a c-, ~ -,-; CIVIL ACTION -LAW - --~~ r--~ - -TJ E^ ~ COMPLAINT IN MORTGAGE FORECLOSURE ~' -• ~ ~- ~ `~ ~} - Tr -i-: NOTICE -- ~~ - --- -T C 3 -- ~ ~ e-~Z You have been sued in court. If you wish to defend against the claims set forth in th~:€ollowing ;;~° pages, you must take action within twenty (20) days after this complaint and notice are served; by t 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. :~~~ z.~, - _ ~.. G~~ 9ra®~`®~~'~~ ~~~ o ~~~~~ F Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 ~~~~~~ R File#: 113119 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ_, Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 j215~ 563-7000 CHASE HOME FINANCE, LLC 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff v. SAMUEL E. BITTER DONNA M. BITTER 422 VALLEY STREET MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU. WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 113119 IF THIS IS THE FHLST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File#: 113119 1. Plaintiff is CHASE HOME FINANCE, LLC 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: SAMCTEL E. BITTER DONNA M. R1TTER 422 VALLEY STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/13/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ADVANTA FINANCE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. Book: 1369, Page: 1084. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/18/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Fite#: 113119 6. T'he following amounts are due on the mortgage: Principal Balance $50,636.40 Interest S,53S.7S 10/ 18/2004 through 10/1 S/2005 (Per Diem $1S.2S) Attorney's Fees 1,250.00 Cumulative Late Charges 127.36 03/13/1997 to 10/15/2005 Cost of Suit and Title Search SS0.00 Subtotal $ 58,099.51 Escrow Credit 0.00 Deficit 3,641.56 Subtotal $ 3,641.56 TOTAL $ 61,741.07 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 61,741.07, together with interest from 10/1 S/2005 at the rate of $15.25 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 113119 VERIFICATION FRANCIS S. HALLINAN, ESQIJIltE hereby states that he is attorney for Plaintiff' in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff i DATE: f ~ ~ ~ S LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated March 25, 1970, as follows: BEGINNING at a point marked by an iron pin on the Northwestern side of Valley Street at the intersection of the same with the Northeastern line of I S feet wide alley; thence along said alley, North fifty-one (51) degrees sixteen (16) minutes West one hundred forty and five hundredths (140.05) feet to a railroad spike at the Southeastern line of another 15 feet wide alley; thence along the same North thirty-three (33) degrees thirty (30) minutes East sixty (60) feet to a metal post at a comer of land now or late of Frank Heller; thence along said land South fifty-six (56) degrees forty-seven (47) minutes fifty-six (56) seconds East one hundred forty (140) feet to another metal post on the Northwestern line of Valley Street; thence along Valley Street, South thirty-three (33) degrees fifty-five (55) minutes twenty-eight (28) seconds West seventy-three and five tenths (73.5) feet to the point and place of BEGINNING. HAVING thereon erected a two story frame dwelling house known as 422 Valley Street, Mechanicsburg, Pennsylvania. BEING the same premises which James W. Bowen and Marjorie C. Bowen, his wife, by deed dated Apri130, 1970 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book'Q', Volume 23, Page 44, granted and conveyed unto Earl Richard Fearnbaugh and Mary C. Fearnbaugh, his wife, the Grantors herein. Being No. 422 Valley Street File #: 113119 Exhibit "B" PIIELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 6220'5 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 CHASE HOME FINANCE, LLC 10790 RANCHO BERNARDO ROAD SAN DEIGO, CA 92127 Plaintiff, v. SAMUEL E. BITTER DONNA M. BITTER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. OS-5534 CML TERM Defendant(s). .~~ ~~ r~ ~~~~ ~~~~ ~'J~ ~~ ~_ ~~ ~ ~ ~ff^~ PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T~? ANSWER AND ASSESSMENT OF DAMAGES 4~ ;, ~: _. ~- ~= TO THE PROTHONOTARY: ~` : ~_.. .c ,~ .. Kindly enter an in rem judgment in favor of the Plaintiff and against SAMif DONNA M. BITTER Defendant(s) for failure to file an Answer to Plaintiffs C days from service thereof and for Foreclosure and Sale of the mortgaged premises, an damages as follows: As set forth in Complaint Interest from 10/15/05 to 12/20/05 TOTAL ~'~~..~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff o n m N -o .__. r-- I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~T~~OR~Ei~ FILE COPY ~~-EASE RETURN DAMAGES ARE HEREBY $61,741.07 $1,021..75 $62,762.82 ASSESSED AS INDICATED. DATE: ~3~ aa~s-- A~T(~~itY F~Ei~ COPY ~l ~~ ~ ~LE~tSE RETURN PRO PROTHY ~~~ VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: l0 - By: Mic ele 1 . Bradfor , Es uire Attorney for Plaintiff s • PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 X215) 563-7000 Chase Home Finance, LLC Court of Common Pleas Plaintiff Civil Division vs. Samuel E. Ritter Donna M. Ritter Defendants Cumberland County No. OS-5534 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. Samuel E. Ritter Donna M. Ritter 422 Valley Street Mechanicsburg, PA 17055 DATE: l0 13 -f9 Samuel E. Ritter Donna M. Ritter 5328 Oxford Circle, Apartment #24 Mechanicsburg, PA 17055 Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff ,, , r--~ r. - - ~ °.:~ C`- -s D r..--. ~ ~..: .. ~~_ z T, ~_= - ~~ . \ ._ ='J ~`.3 •C • ,, ,. CHASE HOME IN THE COURT OF COMMON PLEAS OF FINANCE, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW SAMUEL E. BITTER, DONNA M. BITTER, Defendants NO.OS-5534 CIVIL TERM ORDER OF COURT AND NOW, this 19~' day of June, 2006, upon consideration of Plaintiff's Motion To Reassess Damages, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. Michele M. Bradford, Esq. LAN, HALLINAN & SCHMIEG, LLP One Penn Center Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 Attorney for Plaintiff ~muel Ritter Donna Ritter 422 Valley Street Mechanicsburg, PA 17055 Defendants, pro Se n ,~p,o o~ BY THE COURT, r •~ ~;~ ~,4 =''' ~'~~~ ~ .?r;1i~Ci ~ ~. ,:; i` 1 y /5amuel Ritter Donna Ritter 5328 Oxford Circle Apt. 24 Mechanicsburg, PA 17055 Defendants, pro Se :rc i ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215)563-7000 PHELAN HALLINAN &SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 Chase Home Finance, LLC Plaintiff vs. Samuel E. Ritter Donna M. Ritter Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. OS-5534 CIVIL TERM CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of 10 days after service has been served upon the following persons: Samuel E. Ritter Donna M. Ritter 422 Valley Street Mechanicsburg, PA 17055 Samuel E. Ritter Donna M. Ritter 5328 Oxford Circle, Apartment #24 Mechanicsburg, PA 17055 Date: ,~_ PHELAN HALLINAN &SCHMIEG, LLP By: ~ Michele M. Bradford, Esq re Attorney for Plaintiff ~.> c-~ ~; <_ ;, ~, 4._ 1' --. ;»J -r',. t.., u, 'j 71 • C> i f , s, ~. PHELAN HALLINAN &SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 140C Philadelphia, PA 19103-1814 X215) 563-7000 Chase Home Finance, LLC Plaintiff vs. Samuel E. Ritter Donna M. Ritter Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. OS-5534 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions [his Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: That it is The Plaintiff in this action. 2. A Rule was entered by the Court on June 19, 2006 directing the Respondents to show cause why the Motion to Reassess should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and mazked Exhibit "A". 3. The Rule to Show Cause was timely served upon all parties on June 23, 2006 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and marked Exhibit "B". 4. Respondents failed to respond or otherwise plead by the Rule Returnable date of 10 days of service. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, Inc.'s Motion to Reassess Damages. PHELAN HALLINAN &SCHMIEG, LLP Dat Michele M. Bradford, Esquire ~J Attorney For Plaintiff PHELAN HALLINAN &SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 Chase Home Finance, LLC Plaintiff vs. Samuel E. Ritter Donna M. Ritter Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. OS-5534 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on June 13, 2006. A Rule was entered by the Court on June 19, 2006 directing the Respondents to show cause why the Motion to Reassess Damages should not be granted. (See Exhibit "A".) The Rule to Show Cause was timely served upon all parties on June 23, 2006 in accordance with the applicable rules of civil procedure by Dauphin County Courthouse. Respondents failed to respond or otherwise plead by the Rule Returnable date of 10 days of service upon the Defendants. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. PHELAN HALLINAN &SCHMIEG, LLP Da Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" CHASE HOME FINANCE, LLC, Plaintiff v. SAMUEL E. BITTER, DONNA M. BITTER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. OS-5534 CIVIL TERM ORDER OF COURT AND NOW, this 19n' day of June, 2006, upon consideration of Plaintiff's Motion To Reassess Damages, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. Michele M. Bradford, Esq. PHELAN, HALLINAN & SC EG, LLP ne Penn Center Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 Attorney for Plaintiff Samuel Ritter Donna Ritter 422 Valley Street Mechanicsburg, PA 17055 Defendants, pro Se TRUE COPY `FROM RECORD In Testim~ony whereof, I here unto set my hand and t1(e/seatnf saijl.Courf aj Carlisle, Pa. _ , \\3 } SCI BY THE COURT, Exhibit "B" _._----'• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 1 9 1 02-1 799 (215)563-7000 Chase Home Finance, LLC Plaintiff vs. ATTORNEY FOR PLAINTIF~-- -x s r A'R~RNEY~~= ,,e,~iu Court Q Common Pleas Civil Division Cumberland County Samuel E. Ritter No. OS-5534 CIVIL TERM Donna M. Ritter ~:~ Defendants ~~ - _, cJ •1 `_ ,__ r.;- ~.> n:.: CERTIFICATION OF SERVICE c ' ' ~ `--' ` /, c,' I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy o~our" `=r ~, Motion to Reassess Damages noting a Rule Return date of 10 days after service has beed ser~d =. upon the following persons: Samuel E. Ritter Donna M. Ritter 422 Valley Street Mechanicsburg, PA 17055 Samuel E. Ritter Donna M. Ritter 5328 Oxford Circle, Apartment #24 Mechanicsburg, PA 17055 Date: 7 PHELAN By: ~' ~~AY _ -w~ ... y_ ~,., .,_ ,; "~Y -~ `~:. .~ a~ '° VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff, in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. '1 0 Dat Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 151563-7000 Chase Home Finance, LLC Plaintiff vs. Samuel E. Ritter Donna M. Ritter Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 05-5534 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Samuel E. Ritter Donna M. Ritter 422 Valley Street Mechanicsburg, PA 17055 1 D e Samuel E. Ritter Donna M. Ritter 5328 Oxford Circle, Apartment #24 Mechanicsburg, PA 17055 Michele M. Bradford, Esquire Attorney for Plaintiff r- ~ n ~' ~ _, . r i- i ~- r r .~. G PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevazd, Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 Chase Home Finance, LLC Plaintiff vs. Samue] E. Ritter Donna M. Ritter Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cuthberland County No. OS-5534 CIVIL TERM ORDER AND NOW, this ~~~ ay of S ,, (~, 2006, upon consideration o~'Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respondents shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED; and the Prothonotary is ordered to amend the judgment as follows: Principal Balance $50,636.40 Interest Through 9/6/06 9,855.48 Per Diem $15.46 Late Charges 0.00 Legal fees 2,325.00 Cost of Suit and Title 2,217.50 Sheriffs Sale Costs 1,455.52 Property Inspections 325.50 Appraisa]BPO 87.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 11. 66.38 TOTAL $78,068.78 Plus interest from 6!9/06 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff's commission is not included ih the above figure. >- ~.~ ~`~ - ,.::, .. _, - ~~ = - ~= ~ - _- - ~,_ ,r. - ~~ c .~ r ~ e r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE, LLC Plaintiff, v. SAMUEL E. RTTTER DONNA M. BITTER Defendant(s). AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.05-5534 SS: I, DANIEL G. SCHMIEG, ESQUl1tE, attorney for CHASE HOME FINANCE, LLC hereby verifies that on DECEMBER 27, 2005 true and correct copies of the Notice of Sheriff s Sale were served by certificate of mailing to the recorded lienholder(s) and any known interested paFty. Date: JULY 26, 2006 n 5 L G. SCHIvIIEG, ESQUIItE Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may nat be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. w Z ~ in A W N O b Oo J ~ c.n A W N r ~. ~ ~' ^ ~ ~ 2 c 3 o~ ~~ y ~ ~ e ~~ ° ~ r ~ ~ ~ ~ ~ ~ o a a , p1 l] a o ~ F o z R ~ A ro ~ s ~~ d ~ ~ ~ 3 ~ ~; N ~!--~~ 70 C~i77 ~ ~ ~. n ~ !~~~"" H id C1 ~ ran nn• b y ~ ~ ~ C~~ ~ ~ ~' ~ ~ ~ a ~ ~C a~~, ~~}~ ~ G. li ~ ~ ~ C1 o t~A ~ k 7~ ~ p { ~5 s F~ $ ~ ~ ~ p d A ~, ~~~ ~ a o ~ ~ F~ ' '$ 5 ~ U ~ 9 9 0 ~ S , ~g ~~~$ J O ~.~ R ~' M~ ~+.~~ y~~ 5G~ $~@@ $ 01.20° -. R'~ ~. 0004309825 OEC 27 2005 6~v ~' MAILED FROM 21P CODE 19103 E ~~ ~am ~ ag e `D a~ ~ c .. ~~~~ v ~~~ ~ w !~1 Y b ~ P'. o ~°' c w Q' 00 ° 7 z ., ~tEo~CJ ti ~ ~ yy~+ ~cg ~ ~ ~ C17 ~ _~ $ r ~ C (' ro ~' f? ,v'. w/\//j bilf{d,,,~^d` _, n .._~ - - i5. ~' ., L;:',' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Homesales Inc is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 28th day of Dec, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 5534, at the suit of Chase Home Financi LLC against Samuel E Ritter & Donna M is duly recorded in Deed Book No. 277, Page 850. IN TESTIMONY WHEREOF, I heave h,~reunto set my hand and seal of said office this ~ 6 ~ day of A.D. of Deeds a t.um~rwno co~xy, c.~, PA ~+-••~ ~ M«~mra~.n.~o~o Chase Home Finance, LLC VS Samuel E. Ritter and Donna M. Ritter In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5534 Civil Term Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on March 08, 2006 at 7:38 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Samuel E. Ritter and Donna M. Ritter, by making known unto Donna M. Ritter, personally and adult in charge for Samuel E. Ritter, at 5328 Oxford Circle, Apt 24, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on Apri105, 2006 at 12:14 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John P. Blessing located at 1925 Columbia Ave., Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Samuel E. Ritter and Donna M. Ritter by regular mail to their last known address of 5328 Oxford Circle, Apt. 24, Mechanicsburg, PA 17055. These letters were mailed under the date of Apri103, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Cazlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $75,000.00 to Attorney Daniel Schmieg for Homesales, Inc. It being the highest bid and best price received for the same, Homesales Inc. of 10790 Rancho Bernazdo Road, San Diego, CA 92127, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $6,258.41. Sheriff s Costs: Docketing $30.00 Poundage 1,500.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 19.36 Levy 15.00 Surchazge 30.00 Law Journal 389.00 Postpone Sale Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 20.00 308.00 19.57 25.00 39.50 $2,466.93 / /I • rS- o ~ So w ~~~ R. Thomas Kline, Sheriff BY v Cary Real Estate ergeant ~~ 3o v ~ ~ ~ ss'g99 ~ lr~s 3~ M ' ' ~ ~ CHASE HOME FINANCE, LLC ! CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS SAMUEL E. BITTER CIVIL DIVISION DONNA M. BITTER NO.OS-5534 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE HOME FINANCE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,422 VALLEY STREET, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name SAMUEL E. BITTER DONNA M. BITTER Last Known Address (if address cannot be reasonably ascertained, please indicate) 5328 OXFORD CIRCLE, APT. 24 MECHANICSBURG, PA 17055 5328 OXFORD CIRCLE, APT. 24 MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .~ ~, , , . , f 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INCORPORATED 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 422 VALLEY STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Bog 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. December 27.2005 ~~,P~ DATE DANIEL G. SCHMIEG, ES Attorney for Plaintiff CHASE HOME FINANCE, LLC Plaintiff, v. SAMUEL E. BITTER DONNA M. BITTER Defendant(s). TO: SAMUEL E. BITTER December 27, 2005 5328 OXFORD CIRCLE, APT. 24 MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. OS-5534 CIVIL TERM DONNA M. BITTER 5328 OXFORD CIRCLE, APT. 24 MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at , 422 VALLEY STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $62,762.82 obtained by CHASE HOME FINANCE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 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 good cause. 3. You may also be able to stop the sale through other legal proceedings. t. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 - ,.{`4 DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated March 25, 1970, as follows: BEGINNING at a point marked by an iron pin on the Northwestern side of Valley Street at the intersection of the same with the Northeastern line of 15 feet wide alley; thence along said alley, North fifty-one (51) degrees sixteen (16) minutes West one hundred forty and five hundredths (140.05) feet to a railroad spike at the Southeastern line of another i5 feet wide alley; thence along the same North thirty-three (33) degrees thirty (30) thence along the same North thirty-three (33) degrees thirty (30) minutes East sixty (60) feet to a metal post at a corner of land now or late of Frank Heller; thence along said land South fifty-six (56) degrees forty-seven (47) minutes fifty-six (56) seconds East one hundred forty (140) feet to another metal post on the Northwestern line of Valley Street; thence along Valley Street, South thirty-three (33) degrees fifty-five (55) minutes twenty-eight (28) seconds West seventy- three and five tenths (73.5) feet to the point and place of Beginning. HAVING thereon erected a two story frame dwelling house known as 422 Valley Street, Mechanicsburg, Pennsylvania. Tax Parcel # 20-24-0785-215 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Samuel E. Ritter and Donna M. Ritter, his wife By Deed from Earl Richard Fearnbaugh and Mary C. Fearnbaugh, his wife, dated 11/ 17/ 1988 and recorded 11/18/1988 in Record- Book 33R, Page 332_ WRIT OF EXECUTIOAI and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO OS-5534 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC, Plaintiff (s) From SAMUEL E. BITTER AND DONNA M. BITTER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $62,762.82 L.L. $.50 Interest FROM 12/20/05 TO 6/7/06 (PER DIEM - $10.32) - $1,744.08 AND COSTS Atty's Comm Atty Paid $137.52 Plaintiff Paid Date: DECEMBER 28, 2005 (Seal) Due Prothy $1.00 Other Costs Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 31 On February 14, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 422 Valley Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14, 2006 By. ~a 3~~ -`1 Real Estate Sergeant _~ d +~ - Knr Boot ~a~~~ ~31213HS 3N1 ~0 3~l~.~0 SCHEDULE OF DISTRIBUTION SALE N0.31 Date Filed: October 06, 2006 Writ No. 2005-5534 Civil Term Chase Home Finance, LLC VS Samuel E. Ritter and Donna M. Ritter 422 Valley Street Mechanicsburg, PA 17055 Sale Date: September 06, 2006 Buyer: Homesales, Inc. Bid Price: $75,000.00 Real Debt: $62,762.82 Interest: 7,744.08 Attorney Costs: 137.52 Total: $70,644.42 DISTRIBUTION: Receipts: Cash on account (02/13/2006): $ 1,500.00 Cash on account (09/22/2006): .4,758.41 Credit Writ 2005-5534 civil term 68,741.59 Total Receipts: $75,000.00 Disbursements: Sheriff s Costs $2,466.93 Legal Search 200.00 Mechanicsburg Borough 2,000.52 Attorney Daniel Schmieg 1,590.96 Credit Writ 2005-5534 civil term 68,741.59 Total Disbursements: ($75,000.00) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff :~ ,~ TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE N0.31 Held Wednesday, September 6, 2006 Date: September 6, 2006 TAXES: Receipts for all taxes for the years 2003 to 2005 inclusive. Taxes for the current year 2006. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded 2006, in Cumberland County Deed Book ,Page RECITAL: Being the same premises which Earl Richard Fearnbaugh and Mary C. Fearnbaugh, his wife, by deed dated November 17, 1988 and recorded November 18, 1988 in the Office of the Recorder of Deeds for Cumberland County in Deed Book "R," Volume 33, Page 332 granted and conveyed to Samuel E. Ritter and Donna M. Ritter, his wife., married man. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Valley Street and in the raodbeds of two unnamed 15-foot wide alleys. 6. Mortgage in the amount of $68,656.00, given by Samuel E. Ritter and Donna M. Ritter to Advanta Finance Corporation dated March 13, 1997 and recorded March 17, 1997 in Mortgage Book 1369, Page 1084. Said mortgage was assigned to Chase Home Finance, LLC. by assinment recorded February 13, 2006 in Miscellaneous Record Book 724, Page 3892. Said mortgage was further assigned to Homesales, Inc., by assignment recorded September 13, 2006 in Miscellaneous Record Book 703, Page 1689. . ~. 6. Mortgage in the amount of $68,656.00, given by Samuel E. Ritter and Donna M. Ritter to Advanta Finance Corporation dated March 13, 1997 and recorded March 17, 1997 in Mortgage Book 1369, Page 1084. Said mortgage was assigned to Chase Home Finance, LLC. by assinment recorded February 13, 2006 in Miscellaneous Record Book 724, Page 3892. Said mortgage was further assigned to Homesales, Inc., by assignment recorded September 13, 2006 in Miscellaneous Record Book 703, Page 1689. Complaint in Mortgage Foreclosure filed by Chase Home Finance, LLC.,. as Plaintiff against Samuel E. Ritter and Donna M. Ritter as Defendants on October 25, 2005 in the Office of the Prothonotary of Cumberland County to file number 2005-5534. Judgment in the amount of $62,762.82 entered. 7. Under and subject to building and use restriction as imposed by deed of the heirs of Eli Spahr, dated Apri122, 1920, recorded May 23, 1921 in Deed Book "I," Volume 9, Page 119. 8. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 9. Real estate taxes accruing on and after January 1, 2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bi111412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. J' Robert G. Frey, Agent Note: This Title Report shall not be valid or until countersigned by an authorized signato~ 4 ` THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Cormonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. 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 SALE#31 Sworn to an su c bed b e me this 18th day of May 2006. A.D. t~IOTARIAI SEAL. Terry L. Russell, Notary Public City of rrlsburg, Dauphin County My Co fission res June 6, 2006 ' amhP Pen I Aecn~SnlinnnlNnlnrie NOT Y PUBLIC '"' My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ... ~Z ~1' ^~tea, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (i7nder Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 7, 14, 21, 2006 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. Li Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 21 day of Aril , 2006 u i, , . )A~Ai. 1M'TA'1'~ Y~ii PW. 91 Writ No. 2005-5534 Civil Chase Home Finance LLC vs. Samuel E. Ritter and Donna M. Ritter Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of Mechanicsburg, Cumberland Coun- ty, Pennsylvania, bounded and de- scribed in accordance with a sur- vey and plan thereof made by Ernest J. Walker, Professional Engineer, dated March 25, 1970, as follows: BEGINNING at a point marked by an iron pin on the Northwestern side of Valley Street at the intersec- tion of the same with the Northeast- ern line of 15 feet wide alley; thence along said alley, North fifty-one (51) degrees sixteen (16) minutes West one hundred forty and five hun- dredths (140.05) feet to a railroad spike at the Southeastern line of another 15 feet wide alley; thence along the same North thirty-three (33) degrees thirty {30) thence along the same North thirty-three (33) degrees thirty (30) minutes East sixty (80) feet to a metal post at a corner of land now or late of Frank Heller; thence along said land South Afty-six (56) degrees forty-seven (47) minutes fifty-six (56) seconds East one hundred forty (140) feet to an- other metal post on the Northwest- ern line of Valley Street; thence along Valley Street, South thirty-three (33) degrees fifty-five (55) minutes twenty-eight (28) seconds West sev- enty-three and five tenths (73.5) feet to the point and place of Beginning. HAVING thereon erected a two story frame dwelling house known as 422 Valley Street, Mechanics- burg, Pennsylvania. Tax Parcel # 20-24-0785-215. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Samuel E. Ritter and Donna M. Ritter, his wife By Deed from Earl Richard Fearnbaugh and Mary C. Fearnbaugh, his wife, dated 11/17/1988 and recorded 11/18/ 1985 in Record Book 33R, Page 332. PREMISES BEING: 422 VALLEY STREET, MECHANICSBURG, PA 17055.