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HomeMy WebLinkAbout06-5899PHELAN 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 141777 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. QZ - Sgg9 4f,1 ELWOOD L. WEAVER ESTHER F. WEAVER 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 Defendants 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 #: 141777 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. File #: 141777 Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ELWOOD L. WEAVER ESTHER F. WEAVER 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/07/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1865, Page: 1875. 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 06/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 141777 6. The following amounts are due on the mortgage: Principal Balance $66,831.47 Interest 1,613.18 05/01/2006 through 10/05/2006 (Per Diem $10.21) Attorney's Fees 1,250.00 Cumulative Late Charges 102.48 05/07/2004 to 10/05/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 70,347.13 Escrow Credit 0.00 Deficit 556.31 Subtotal $ 556.31 TOTAL $ 70,903.44 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 70,903.44, together with interest from 10/05/2006 at the rate of $10.21 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. PHELA ALLINAN & SCHMlEGG?LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 141777 LEGAL DESCRIPTION TRACT NO. 1 ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 (also known as Farm Road), on the dividing line between Lot Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 11 minutes 50 seconds East 206.84 feet to an iron pin; thence by lands now or formerly of Thomas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; thence by the dividing line between Lot Nos. 1 and 2 on said Plan of Lots, North 7 degrees 30 minutes West 189.32 feet to a spike in the center of Township Road No. 349 aforesaid; thence by the center of said Road, North 57 degrees 50 minutes East 100 feet to the Place of BEGINNING CONTAINING.372 Acres, more or less. BEING Lot No. 2 of the Plan of Lots of Thomas E. Meals, as recorded in the Office of Recorder of Deeds for Cumberland County in Plan Book 23, page 112. BEING the same property which Thomas E. Meals, single man, by Deed dated March 12, 1973 and recorded March 15, 1973 in the Office of Recorder of Deeds in and for Cumberland County in Deed Book B-25 page 138, granted and conveyed unto Roger L. Markley, Grantor herein. TRACT NO. 2 ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin, the Southeastern corner of land now or formerly of Roger L. Markley, and on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 11 minutes 50 seconds East 58.65 feet to a point; thence by the same, South 85 degrees 25 minutes 51 seconds West 195.99 feet to an iron pin; thence by land of Dallas R. Wilson, North 68 degrees 26 minutes East 100 feet to an iron pin, the Southwestern corner of said other land now or formerly of Roger L. Markley, North 68 degrees 26 minutes East 100 feet to the Place of BEGINNING. CONTAINING .132 Acres, more or less. BEING Lot No. 4 on the Subdivision Plan of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 39, page 68. BEING the same property which Thomas E. Meals, single man, by Deed dated and recorded February 24, 1981 in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book H-29 page 886, granted and conveyed unto Roger L. Markley, single man. BEING KNOWN AS: 227 SOUTHSIDE DRIVE File #: 141777 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 filing on 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 his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 0l 52 0 l7 "INN o w d? d a e? ?> - T PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department November 10, 2006 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey Re: Countrywide Home Loans, Inc. vs. Elwood L. Weaver and Esther F. Weaver Cumberland County, No. 06-5899-Civil Dear Sir or Madam: Enclosed for filing and transmittal to the assigned Civil Signing Judge for execution, please find Plaintiff s Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached Exhibits. Kindly return a time-stamped copy in the enclosed self-addressed stamped envelope. If, for any reason, this Order and Petition will not be sent immediately to a Judge for consideration, please contact the undersigned. Also, find attached a copy of the Order granting alternative service, which should be signed by the Judge. Please return this signed Order in the attached stamped self-addressed envelope. Thank you for your courtesy and consideration. T(1_1 ours, Jason Ricco for Phelan, Hallinan & Schmieg, LLP Enclosure jmr Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. VS. Elwood L. Weaver Esther F. Weaver Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-5899-Civil MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, Elwood L. Weaver, by first class mail and certified mail to the mortgaged premises, 227 Southside Drive, Newville, PA 17241, and in support thereof avers the following: 1. Attempts to serve Defendant, Elwood L. Weaver, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 227 Southside Drive, Newville, PA 17241. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendant moved and left no forwarding address. 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of November 10, 2006 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: November 10, 2006 ExKibi-f- SHERIFF'S RETURN - NOT FOUND I CASE NO: 2006-05899 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WEAVER ELWOOD L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WEAVER ELWOOD L but was unable to locate Him in his bailiwick. He therefore returns the' r4r%A97 %T T TATT 11 /fl?l"1T T?/'177 T, the within named DEFENDANT 227 SOUTHSIDE DRIVE , WEAVER ELWOOD L NOT FOUND , as to NEWVILLE, PA 17241 MOVED OUT IN JULY. NO FORWARDING ON FILE AT POST OFFICE. Sheriff's Costs: So answer Docketing 18.00 Service 8.80 Not Found 5.00 R. Thomas ne Surcharge 10.00 Sheriff of Cumberland County .00 41.80 PHELAN HALLINAN SCHMIEG 10/19/2006 Sworn and Subscribed to before me this day of , A. D. Exhibi+- F-> FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 141777 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Elwood L. Weaver & Esther F. Weaver Current Address: 227 Southside Drive, Newville, PA 17241 Property Address: 227 Southside Drive, Newville, PA 17241 Mailing Address: 227 Southside Drive, Newville, PA 17241 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Elwood L. Weaver -164-34-1243 Esther F. Weaver - 205-38-5502 B. EMPLOYMENT SEARCH Elwood L. Weaver & Esther F. Weaver - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Elwood L. Weaver & Esther F. Weaver reside(s) at: 227 Southside Drive, Newville, PA 17241. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Elwood L. Weaver & Esther F. Weaver. B. On 09-29-06 our office made several telephone calls to the phone number (717) 486-7075 and received the following information: no answer. On 09-29-06 our office made several telephone calls to the phone number (717) 729-4821 and received the following information: answering machine. On 09-29-06 our office made several telephone calls to the phone number (717) 249-0146 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 09-29-06 our office made a phone call in an attempt to contact Dennis L. Anderson (717) 486-3639, 225 Southside Drive, Newville, PA 17241: spoke with an unidentified female who confirmed that Elwood L. Weaver & Esther F. Weaver reside(s) at: 227 Southside Drive, Newville, PA 17241. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-29-06 we reviewed the National Address database and found the following information: Elwood L. Weaver & Esther F. Weaver - 227 Southside Drive, Newville, PA 17241. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Elwood L. Weaver & Esther F. Weaver. VI. OTHER INQUIRIES A. DEATH RECORDS As of 09-29-06 Vital Records and all public databases have no death record on file for Elwood L. Weaver & Esther F. Weaver. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Elwood L. Weaver & Esther F. Weaver residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Elwood L. Weaver -10-23-1941 Esther F. Weaver - 02-01-1946 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsificatiori.44., - op NOTAea? ?EW PUbic L ?' ??? _ i?iot:?Iy 7NORA M. i=ERr%Et, City of Phila. County AFFIANT -Brendan Booth otrtmsv?"n_E^"N'Ve ber 22,2409 Full Spectrum Legal Services, Inc. w Sworn to and subscribed before me this 29th September 2006. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. B• Darnel . c ieg, Esquire Attorney for Plaintiff Date: November 10, 2006 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Vs. Elwood L. Weaver Esther F. Weaver Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-5899-Civil CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Elwood L. Weaver and Esther F. Weaver at: 227 Southside Drive Newville, PA 17241 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. y: Dame ifeg,fsquire Attorney for Plaintiff Date: November 10, 2006 r'? .7 cry .? z:. ._:e, -T .? ??. ...? W - .?_1-. . ^t,,,, 1 v -? '?f, ?? _?? 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 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. ELWOOD L. WEAVER ESTHER F. WEAVER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 06-5899 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINANN ?& SC G, LLP By:, q,_ -- 5 FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: November 10, 2006 /jmr, Svc Dept. File# 141777 CD c "I r,,o _UJ G`? ~-C COUNTRYWIDE HOME LOANS, INC. PLAINTIFF V. ELWOOD L. WEAVER ESTHER F. WEAVER DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 06-5899 CIVIL ORDER OF COURT AND NOW, this 16th day of November, 2006, upon consideration of the Plaintiff's Motion for Service Pursuant to Special Order of Court under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendants, Elwood L. Weaver and Esther F. Weaver, have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Complaint in Mortgage Foreclosure upon Defendants, Elwood L. Weaver and Esther F. Weaver by posting a copy of the Complaint upon the premises, 227 Southside Drive, Newville, PA 17241; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendants' last known address at 227 Southside Drive, Newville, PA 17241; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; -J t 33. w.! 4. All further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known addresses and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendants, Elwood L. Weaver and Esther F. Weaver by sending copies of same to Defendants' last known address by certified and regular mail, by posting the premises and by publication to include the notice as prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania. By the Court, ,?? -? ?-a \ M. L. Ebert, Jr., J. Daniel G. Schmieg, Esquire Attorney for Plaintiff Cumberland County Sheriff - lot AA5 bas"'" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY ELWOOD L. WEAVER No. 06-5899 CIVIL ESTHER F. WEAVER Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: S FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: December 12, 2006 /jmr, Svc Dept. File# 141777 J Frei = C co PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 r Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. Elwood L. Weaver Esther F. Weaver Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 06-5899 Civil AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Elwood L. Weaver and Esther F. Weaver at 227 Southside Drive, Newville, PA 17241, on December 12, 2006, in accordance with the Order of Court dated November 16, 2006. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: December 12, 2006 F NCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-05899 P COMMONTWEALTH OF PENNSYLVANIA , COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WEAVER ELWOOD L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WEAVER ELWOOD L but was unable to locate Him in his bailiwick. He therefore returns the' COMPLAINT - MORT FORE , the within named DEFENDANT , WEAVER ELWOOD L NOT FOUND , as to 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 MOVED OUT IN JULY. NO FORWARDING ON FILE AT POST OFFICE. Sheriff's Costs: So answer Docketing 18.00 Service 8.80 Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumberland County .00 41.80.? PHELAN HALLINAN SCHMIEG 10/19/2006 lrla ??e? Sworn and Subscribed to before me this day of , A. D. r CASE NO: 2006-05899 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WEAVER ELWOOD L ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT MORT FORE was served upon WEAVER ESTHER F the DEFENDANT , at 1450:00 HOURS, on the 18th day of October , 2006 at 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 ESTHER F WEAVER by handing to 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 ? 10/19/2006 11105 64 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. _,*# SHERIFF'S RETURN - REGULAR CASE NO: 2006-05899 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WEAVER ELWOOD L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEAVER ELWOOD L the DEFENDANT at 1136:00 HOURS, on the 20th day of December 2006 at 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 227 SOUTHSIDE DRIVE NEWVILLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 8.80 Posting 6.00 Surcharge 10.00 R. Thomas Kline .00 42.80 12/20/2006 PHELAN HALLINAN HMIEG Sworn and Subscibed to By: before me this day puty Sheriff of A.D. W-1 . •ti SHERIFF'S RETURN - REGULAR CASE NO: 2006-05899 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WEAVER ELWOOD L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEAVER ESTHER F the DEFENDANT at 1136:00 HOURS, on the 20th day of December , 2006 at 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 POSTED PROPERTY AT 227 by handing to SOUTHSIDE DRIVE NEWVILLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Posted 6.00 Surcharge 10.00 00 122 .00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline ' 12/20/2006 PHELAN HALLINAN HM G By: i A. D. Deputy Sheri Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR COUNTRYWIDE HOME LOANS, INC. vs. ELWOOD L. WEAVER ESTHER F. WEAVER : Court Of Common Pleas : Civil Division : Cumberland County No. 06-5899-Civil AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage F made in accordance with the Court Order dated November 16, 2006 as indicated bi By publication as provided by Pa. R.C.P. Rule 430(b)(1) in THE SENTINEL on FEBRUARY 28, 2007 and THE CUMBERLAND LAW J FEBRUARY 9, 2007. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties i C.S. Section 4904 relating to unsworn falsification to authorities. Francis S. Hallinan, Esquire Date: March 22, 2007 was on 18 Pa. Jmr/141777 Service Dept. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the Co and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13t",1881, since which date THE SENTINE been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular t and issues of THE SENTINEL on the following day(s) February 28, 2007 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Countrywide Home Loans, Inc. COURT OF COMMON PLEAS Vs. CIVIL DIVISION Elwood L. Weaver CUMBERLAND COUNTY Esther F. Weaver NO. 06-5899-Civil ' NOTICE TO Elwood L. Weaver and Esther F. Weaver: You are hereby notified that on October 9, 2006, Plaintiff, Countrywide Home Loans, Inc., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CumberlandCounty Pennsylvania, docketed to No. 06-5899-Civil. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 227 Southside Drive, Newville, PA 17241 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 Affiant further deposes that he/sf interested in the subject matter of aforesaid notice or advertisement, all allegations in the foregoing sta as to time, place and character of publication are true. Sworn to and subscribed before me 28th. day of February, 2007. Notary My commission expires:Q/lld? not that i Notarial Seal 1 Christina L. Wolfe, Notary Public Carlisle Boro. Cumberland County My Commission Expires Sept 1, 2008 Member, Pennsylvania Association Of Notaril PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under 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 ounty and State aforesaid, being duly sworn, according to law, deposes and says that the Cum b erland Law Journal, a legal periodical published in the Borough of Carlisle in the County and S ta te aforesaid, was established January 2, 1952, and designated by the local courts as the official l eg al periodical for the publication of all legal notices, and has, since January 2, 1952, b e regularly issued weekly in the said County, and that the printed notice or publication attache ereto is exactly the same as was printed in the regular editions and issues of the said Cumbe r and Law Journal on the following dates, February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the mberland Law Journal, a legal periodical of general circulation, and that he is not interested i he subject matter of the aforesaid notice or advertisement, and that all allegations in the foreg i g statements as to time, place and character of publication are true. sa Marie Covne Editor RN TO AND SUBSCRIBED befa? me this 9th day of February, 2007 ? ? ry r)1 4-!; CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO.: 06-5899-Civil Countrywide Home Loans. Inc. vs. Elwood L. Weaver Esther F. Weaver NOTICE OF ACTION IN MORTGAGE FORECLOSURE NOTICE TO Elwood L. Weaver and Esther F. Weaver: You are hereby notified that on October 9. 2006, Plaintiff, Country- wide Home Loans, Inc., filed a Mort- gage Foreclosure Complaint en- dorsed with a Notice to Defend, against you in the Court of Com- mon Pleas of Cumberland County Pennsylvania, docketed to No. 06- 5899-Civil. Wherein Plaintiff seeks to foreclose on the mortgage se- cured on your property located at 227 Southside Drive, Newville, PA 17241 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you without further notice for the relief re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OF- FICE 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 LE- GAL SERVICES TO ELIGIBLE PER- SONS 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 in PA (717) 249-3166 Feb. 9 4 ? C`? ?-.? p r?.,l •+ .-?' ?f ? ? _. ? i ?V _ ?? tr;`:+ ,,,_ , ?'"? yy __ CA 1 ? ? ..y. F r ^? ?' ??? .:?cn w .?- ? 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 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. ELWOOD L. WEAVER ESTHER F. WEAVER Defendant(s). CIVIL DIVISION NO. 06-5899 CIVIL 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 ELWOOD L. WEAVER and ESTHER F. WEAVER, 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 10/6/06 to 4/5/07 TOTAL $70,903.44 $1,858.22 $72,761.66 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, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PR PROTHY 141777 vn C> t C? ? --w PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS Plaintiff Vs. ELWOOD L. WEAVER ESTHER S. WEAVER Defendants TO: ELWOOD L. WEAVER 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 DATE OF NOTICE: MARCH 21, 2007 F I ILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. : CIVIL DIVISION : CUMBERLAND COUNTY NO. 06-5899-CIVIL CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 CC: DOUGLAS ROEDER, ESQUIRE ELDER LAW & CONSUMER PROTECTION CLINIC 45 N. PITT STREET CARLISLE, PA 17013 ti S R F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY ELWOOD L. WEAVER ESTHER S. WEAVER : NO. 06-5899-CIVIL Defendants TO: ESTHER S. WEAVER 227 SOUTHSIDE DRIVE ` l NEWVILLE, PA 17241 DATE OF NOTICE: MARCH 21, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 cc: DOUGLAS ROEDER ESQUIRE ELDER LAW & CONSUMER PROTECTION CLINIC 45 N. PITT STREET CARLISLE, PA 17013 RANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff .? `,? ...1 ?. ?? ?. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE V. Plaintiff, ELWOOD L. WEAVER ESTHER F. WEAVER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5899 CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on 9 2oo7. By: -Z DEPUTY If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE 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 & 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 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE Plaintiff, V. ELWOOD L. WEAVER ESTHER F. WEAVER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5899 CIVIL 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 ELWOOD L. WEAVER is over 18 years of age and resides at, 227 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. (c) that defendant ESTHER F. WEAVER is over 18 years of age, and resides at, 227 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. kamA,O" & 14? * DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C. ° _n .--? '' c - , ma : i ? _ ? ??,, C.;..; --- . •'' f: .1 (? _q ,.. [,; ? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. No. 06-5899 CIVIL ELWOOD L. WEAVER ESTHER F. WEAVER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $72,761.66 Interest from 4/5/07 to SEPTEMBER 5, 2007 $1,829.88 and Costs (per diem -$11.96) Add'1 cost $2,683.35 TOTAL $77,274.89 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 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. 141777 d px U d d 7` ? o O a^ W Q? A N A ?, ?v N A C? o? H ?W W O H v 1~ w' o ?W q?, na oQ U PA N N r ? dd a, a Ww n A WW ? i? N N w 1 V V v y ? ? ct w V y a 0 --w {}may V Y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5899 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From ELWOOD L. WEAVER AND ESTHER F. WEAVER (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 $72,761.66 L.L. $.50 Interest FROM 4/5/07 TO 9/5/07 (PER DIEM - $11.96) - $1,829.88 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $196.60 Plaintiff Paid Other Costs ADD'L COST - $2,683.35 Date: APRIL 19, 2007 (Seal) 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 - 9"2 74 C is R. L , rotho tary By: Deputy Aof 1 COUNTRYWIDE HOME LOANS, INC. PLAINTIFF V. ELWOOD L. WEAVER ESTHER F. WEAVER DEFENDANTS : IN THE COURT Ol: COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 06-5899 CIVIL ORDER OF COURT AND NOW, this 16th day of November, 2006, upon consideration of the Plaintiffs Motion for Service Pursuant to Special Order of Court under Pa.R.C.P. 430(x) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendants, Elwood L.. Weaver and Esther F. Weaver, have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Complaint in Mortgage Foreclosure upon Defendants, Elwood L. Weaver and Esther F. Weaver by posting a copy of the Complaint upon the premises, 227 Southside Drive, Newville, PA 17241; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendants' last known address at 227 Southside Drive, Newville, PA 17241; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; W 4. All further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known addresses and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendants, Elwood L. Weaver and Esther F. Weaver by sending copies of same to Defendants' last known address by certified and regular mail, by posting the premises and by publication to include the notice as prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania. By the Court, N-? ?-a\ M. L. Ebert, Jr., J. Daniel G. Schmleg, Esquire Attorney for Plaintiff Cumberland County Sheriff bas T (A) FROM RED ?ilwh6 t, I here uM0 S* W* IM60 ifie of Cam;: i CanWa. Pa tho rV PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. ELWOOD L. WEAVER ESTHER F. WEAVER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5899 CIVIL 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () 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. Aam, R DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff z q G en, IY COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. ELWOOD L. WEAVER ESTHER F. WEAVER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5899 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., 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, 227 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name ELWOOD L. WEAVER ESTHER F. WEAVER Last Known Address (if address cannot be reasonably ascertained, please indicate) 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 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. April 5, 2007 MIPOLP), AC DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff rirtt, -00 : =. Zo } COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. ELWOOD L. WEAVER ESTHER F. WEAVER Defendant(s). CUMBERLAND COUNTY No. 06-5899 CIVIL April 5, 2007 TO: ELWOOD L. WEAVER 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 ESTHER F. WEAVER 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 227 SOUTHSIDE DRIVE, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72,761.66 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION At r, THKT CERTAIN txact. of .and situate in, Puna Township, Cumberland county, Pennsylvania# bounded and described as f6llowd: BRGIMINO at a spike in the center of Township Road No. 349 (also known as Farm Ro.ckd). , on the dWiding line between Tots Nos. 2 and 3 on the hexei.natter mentioned Plan of Lots t thence by said dividing lice, South 9 dogxees 11 minutes .50 secondar East 206.84 feet to an iron pin, t-hence by leads Aaw or, fprmexly of Thomas E. Meals, South 69 de ees 26 minutes West loo feet to an iron pin; th,ance by the dividing 'Uns between Lot Nos. i and 2 on said Plan of Lots. North 7 de=a 30 minutes Weat 189.3.2 feet to a spike in the center of raws?ship Road No. 3gs aforesaid., thence by the center of said Road, morth 51 degraea 50 mixwtea East 100 feet to the place of I . CONTAXNIN0 .372 aered, More or less. 800TO Lot Ito. 2 of the Plan of Lots of Thomas E. Meals, as recorded in the office of Recorder of Deeds for Cumberland county in Plan Book 23, page Sit. TUCT NO. 2 ALL TNd CMTKIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: 13EE MUUTO at an iron p1..n, the southeastern comer of lid now or fo=wtly of er L. MsrkleY, 44d oh the dividing line between. Lots W!3- ? and 4 Ors the h0reinaftex mentioned Man. Of Lots; thence by s444 divIdi re ]Lane t Sotitn 9 deVees 1:1 tA$nutee 50 seconds East 58.65 feet to a vdat , thence by tho same, SOUtb 6$ degreme 2S minutes 51 aeooAaa nest 19$.99 feet to as iron pin; thence )by land of Dallaa R. Wilson, Itorth 68 400etee 26 MIMZ08 PAst 3.00 feet co an iron pity, the 5o?ithwoa?te= 00=1ar of ?s*td othar Laud now or formerly of Roger L. Markley, N*rth 66 degxeea 26 vtnutes Haot mo feet to the place of 3 44MINO.. COMUNtNO .132 Acre, more or le". B$ING Ldt No. 4 on the Vubdivision Plan of Thxoms E. Meals, an ravordad An the pffk3 e. of the Recorder of Deeds for Gutaberl.ertd County In -Plan 13o6k 39, papa 68. IM 8M P=4-4" which Roger L. t4a,.rkley, single maaa, by his deed dated 3 gt+tmb+tr 9. 2002 and recerr ed oatobar It 2002, An the 09fiue of the Recorder *9 ;;eL for Cumberland County in llebd Book 153{ page X4166, gr' Q?1 arA conveyed tt; Elwood weaver and Rather weer, liusbwA iod w4fe, VESTED BY: Warranty Deed, dated 9/25/2002, given by Roger L. Markley, single man to Elwood Weaver and Esther Weaver, husband and wife and recorded 10/1/2002 in Book 253 Page 4166 Instrument # 2002-039353 PREMISES BEING: 227 SOUTHSIDE DRIVE, NEWVILLE, PA 17241 PARCEL NO. 31-13-0112-004D .... f SALE DATE: SEPTEMBER 5, 2007 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. No.: 06-5899 CIVIL VS. ELWOOD L. WEAVER ESTHER F. WEAVER 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: 227 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. 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 SCHMIE`6, ESQUIRE Attorney for Plaintiff July 31, 2007 7 r 6 F O a M O CJ] v w i N ? U w .? y ?O a? b a? °a Q ? d zdo W CO L6 L 3a03dfZ WOSA aMIVW Looz L£ inr o Loo 4zb0o0 09030 $ M z o 53NWg A3N1Id ? C BYO ? '?.?r ?O bbd ,,, U H ti b a °w 5 x H U O H H U H a a W 9 M O U M 0 r q CL a ? W a w u w w w a U F Q 3 ? K"f( aI? IN`M1?I?1? ? °O rn o? ? 11 w a. i V. T ?j, V } ag ? N? H Gg? IN 6 S is 'CE p W t?. L+ ? O O P` O 7 m a s p § y pJ ?' ?Nyy V ? ? F ?s .19 is ( y i C l i s` s v ? a E ? b g o U aw i; w f ? a ? i v o? ? z> W o y' r4 M "T F i 4m? 4 ?QO? d!Z Wp2i? ?3'ildW £aL6L aLa8LZfiiOZO d`d LOoZ ZLZI W A.& c: d ? a Vf W N M lO? 7 0 Q ? N d C. o z a w r o O A ? A ?•??? ? w W o 48 ?M o ?G r s C. d W O CL+?? ? L. Cd ? b M ? ? 4> ? r N zd0 o ? A { y« s O ?W. a C N. µ 7i v d ^' U O J ? u ?+ ?a o p Y ? ». O w `d' rt r J ? ? m •a $ u y r r CID ?^g a t. is w d ?O `s w •S a o C.4 r r ° ?D r' oc a% r r -? ? ? ??- c ? -rt °??,"=t x? ? i% f ,- ? ?..... J ?i ?._ ., ? s, C_ ?? i r? W 1 4 COUNTRYWIDE HOME LOANS, INC. Plaintiff, . V. ELWOOD L. WEAVER ESTHER F. WEAVER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5899 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS, INC., 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 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name ELWOOD L. WEAVER ESTHER F. WEAVER Last Known Address (if address cannot be reasonably ascertained, please indicate) 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 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) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare DOUGLAS ROEDER ESQ. ELDER LAW AND CONSUMER PROTECTION CLINIC 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 45 N. PITT STREET, CARLISLE, PA 17013 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. July 31, 2007 26c'? DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C3 C ? C Q -s7 !7? ,? w ? CD w -< PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. Elwood L. Weaver Esther F. Weaver Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 06-5899 CIVIL 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: 1. Plaintiff commenced this foreclosure action by filing a Complaint on October 9, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on April 9, 2007 in the amount of $72,761.66. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 5, 2007. 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. 5. 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 $66,831.47 Interest Through 9/05/07 4,963.03 Per Diem $10.07 Late Charges 103.00 Legal fees 1,925.00 Cost of Suit and Title 2,170.00 Sheriffs Sale Costs 0.00 Property Inspections 62.50 Appraisal/Brokers Price Opinioin 0.00 Mortgage Ins. Premium/Private 26.95 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 985.06 TOTAL $77,067.01 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. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on August 7, 2007 and requested the Defendants' Concurrence. Counsel for the defendant concurs with the motion. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Ebert entered an order for special services dated November 16, 2006. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: Phelan Hallinan Schmieg, LLP is ele ra f r , 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 Countrywide Home Loans, Inc. Court of Common Pleas Plaintiff : Civil Division vs. Elwood L. Weaver Esther F. Weaver Cumberland County No. 06-5899 CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'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. Plaintiffs Note was secured by a Mortgage on the Property located at 227 Southside Drive, Newville, PA 17241. 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. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Chase Home Mortgage CoMoration of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank ofPittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to 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 financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the 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. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: qMic c eg, LLP By: ele M. Bra for , uire Attorney for Plaintiff PHELAN IHALLINAN & 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 141777 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 V. ELWOOD L. WEAVER ESTHER F. WEAVER 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 Plaintiff Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM r NO. ?t?iS?CI,C C CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE ?- _ ~ r ? 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 $Ve here,'' tom; * d Carlisle, PA 17013 =' 1 ` s'3 l ?r u h (800)990-9108 01 FILF ,, 4 F C f rI i' 151 r, l *_, Filc #: 141777 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. §.2692 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 #: 141777 Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 The name(s) and. last known address(es) of the Defendant(s) are: ELWOOD L. WEAVER ESTHER F. WEAVER 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/0712004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1865, Page: 1875. 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 06/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File 4: 141777 6. The following amounts are due on the mortgage: Principal Balance $66,831.47 Interest 1,613.18 05/01/2006 through 10/05/2006 (Per Diem $10.21) Attorney's Fees 1,250.00 Cumulative Late Charges 102.48 05/07/2004 to 1010512006 Cost of Suit and Title Search $ 550.00 Subtotal $ 70,347.13 Escrow Credit 0.00 Deficit 556.31 Subtotal $ 556.31 TOTAL $ 70,903.44 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 70,903.44, together with interest from 10/05/2006 at the rate of $10.21 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. PHEL LLINAN & SCHMIEG, LlL By. /stTrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLMAN, ESQUIRE Attorneys for Plaintiff File M 141777 LEGAL DESCRIPTION TRACT NO. 1 ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 (also known as Farm Road), on the dividing line between Lot Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 11 minutes 50 seconds East 206.84 feet to an iron pin; thence by lands now or formerly of Thomas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; thence by the dividing line between Lot Nos. 1 and 2 on said Plan of Lots, North 7 degrees 30 minutes West 189.32 feet to a spike in the center of Township Road No. 349 aforesaid; thence by the center of said Road, North 57 degrees 50 minutes East 100 feet to the Place of BEGINNING CONTAINING .372 Acres, more or less. BEING Lot No. 2 of the Plan of Lots of Thomas E. Meals, as recorded in the Office of Recorder of Deeds for Cumberland County in Plan Book 23, page 112. BEING the same property which Thomas E. Meals, single man, by Deed dated March 12, 1973 and recorded March 15, 1973 in the Office of Recorder of Deeds in and for Cumberland County in Deed Book B-25 page 138, granted and conveyed unto Roger L. Markley, Grantor herein. TRACT NO.2 ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin, the Southeastern coiner of land now or formerly of Roger L. Markley, and on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 11 minutes 50 seconds East 58.65 feet to a point; thence by the salve, South 85 degrees 25 minutes 51 seconds West 195.99 feet to an iron pin; thence by land of Dallas R. Wilson, North 68 degrees 26 minutes East 100 feet to an iron pin, the Southwestern corner of said other land now or formerly of Roger L. Markley, North 68 degrees 26 minutes East 100 feet to the Place of BEGINNING. CONTAINING .132 Acres, more or less. BEING Lot No. 4 on the Subdivision Plan of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 39, page 68. BEING the same property which Thomas E. Meals, single man, by Deed dated and recorded February 24, 1981 in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book H-29 page 886, granted and conveyed unto Roger L_ Markley, single man_ BEING KNOWN AS: 227 SOUTHSIDE DRIVE File #: 141777 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 filing on 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 his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18-Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ?,?... r? lam= FRANCIS S.-HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ! C) C)?( 0 C1 rttii;LAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEQ, 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 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff,. V. ELWOOD L. WEAVER ESTHER F. WEAVER Defendant(s). t? O • C? J 'Y7 CUMBERLAND COUNTY, COURT OF COMMON R:"S CIVIL DIVISION NO. 06-5899 CIVIL t =' ' ? tv 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 ELWOOD L. WEAVER and ESTHFR F. WEAVER 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 10/6/06 to 4/5/07 TOTAL $70,903.4.4 $1,858.22 $72,761.66 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. R( l E J Nk DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a66 7 11? 1. JA PR PROTJEI 141777 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey August 7, 2007 Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 RE: Countrywide Home Loans, Inc. vs. Elwood L. Weaver and Esther F. Weaver Premises Address: 227 Southside Drive, Newville, PA 17241 Cumberland County CCP, No. 06-5899 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by August 13, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V M.r i, Esquire For Phelan Hallinan & Schmieg, LLP Enclosure O It v a? w •o x? u? o, Cl. axU: a a0a c ? H v b w zQo t08Q' C ry T O . . O C O C .? E O' u v O y C 49 C Q s u E c ? H y x .iO. v L u '- 7 .. u £ o L 6 L 3000 dIZ WOMB 0311vw o coot LoE)ne oLostzoooo 0 0 QOVZO $ wL z0 x c A a c C S3MOd A3Nlkf ® o. ? _ ?` ? . E Ll cu x M a U p ^ O ?xtv? O v 'p V D _ Ld y y y Q. ?? O T G A u D .. a,o o ? a? o gH? _ o c o zv U :' u 22 ,o ? Q . F fA •b .L ` u O p b O `n tJ N N ? a w p ? U o C6 3 'C .O y L w ? ? b V 'O 3 00 N O " ° O Z z w.-. L1a F? U ^? x x a a °m -xj N z' O N M 'T kn v 0,u ?--? N M It W) ?O l-- 00 O? F o. Op, 7 f i 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 unworn falsification to authorities. Phelan Hallinan & Schmitt, LLP DATE: Y 3101d Mchele M. HradfM, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas Plaintiff : Civil Division VS. : Cumberland County Elwood L. Weaver No. 06-5899 CIVIL Esther F. Weaver Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Douglas R. Roeder, Esquire, Elder Law Clinic 150 South College Street Carlisle, PA 17013-2899 DATE: <1w Q a an & c ieg, LLP Michele M. Brad squire Attorney for Plaintiff J T7 77 -! COUNTRYWIDE HOME IN THE COURT OF COMMON PLEAS OF LOANS, INC. CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. ELWOOD L. WEAVER, ESTHER F. WEAVER, DEFENDANTS NO. 06-5899 CIVIL ORDER OF COURT AND NOW, this 24th day of August, 2007, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before September 13, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. ichele M. Bradford, Esquire Attorney for Plaintiff wood L. Weaver Esther F. Weaver Defendants Lo/ouglas R Roeder, Esquire Elder Law Clinic bas J M. L. Ebert, Jr., J. By the Court, .? .?("• J `, ?'' _ ???} ? ?' C G s Atty. I.D. No. 69849 PHELAN HALLINAN & SCHMIEG, LLP by Michele M. Bradford. Esquire ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas Plaintiff : Civil Division VS. Elwood L. Weaver Esther F. Weaver : Cumberland County No. 06-5899 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of September 13, 2007 was sent to the following individual on the date indicated below. Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Douglas R. Roeder, Esquire, Elder Law Clinic 150 South College Street Carlisle, PA 17013-2899 DATE: Y7 b I I Zq) h allinan & Sc i , LLP By: Michele . Bradfor , E qu re ttornev for Plaintiff --°? ?"^ °`? 1 ?,. -' :? tom" .?-- "'.?.? ti ?_.. ?...:= e._? `4. w- ??.s. ? xN--J p` . .fa }?.i ,. .. ... lw PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff VS. Elwood L. Weaver Esther F. Weaver Defendants PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 06-5899 CIVIL Plaintiff hereby withdraws its Motion to Reassess Damages, filed on August 22, 2007 in the above referenced action. Dat ch e . BAdd, e Attorney for Plaintiff -AP PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas Plaintiff : Civil Division VS. : Cumberland County Elwood L. Weaver Esther F. Weaver Defendants : No. 06-5899 CIVIL CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Douglas R. Roeder, Esquire, Elder Law Clinic 150 South College Street Carlisle, PA 17013-2899 A -IK9- Date Michele :MY.B)ra4ford, Esquire Attorney for Plaintiff _w 'v r F CIO G N 9rn 2- O y J CYN -? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Countrywide Home Loans Inc is the grantee the same having been sold to said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 19th day of April, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5899, at the suit of Countrywide Home Loans Inc against Elwood L Weaver & Esther F is duly recorded as Instrument Number 200737168. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this oZ? day of A.D. 7 of Deeds Countrywide Home Loans, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Elwood L. Weaver and Esther F. Weaver Writ No. 2006-5899 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 09, 2007 at 1330 hours, 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: Elwood L. Weaver and Esther F. Weaver, by posting the premises located at 227 Southside Drive, Newville, Cumberland County, Pennsylvania pursuant to order of court with a true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2007 at 1509 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Elwood L. Weaver and Esther F. Weaver located at 227 Southside Drive, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Elwood L. Weaver and Esther F. Weaver, by regular mail to their last known address of 227 Southside Drive, Newville, PA 17241. These letters were mailed under the date of July 2, 2007 and Esther F. Weaver's was never returned to the Sheriffs Office; Elwood L. Weaver's letter was returned to the Sheriff s Office on July 18, 2007 marked unable to forward. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 05, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Countrywide Home Loans, Inc. It being the highest bid and best price received for the same, Countrywide Home Loans, Inc. of 7105 Corporate Drive, Plano, TX 75024, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,401.48. Sheriff s Costs: Docketing $30.00 Poundage 27.83 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 23.04 Levy 30.00 Surcharge 40.00 Posting 12.00 Law Journal 545.00 Patriot News 492.92 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $1,401.48 So Answers: R. Thomas Kline, Shenff BNt- I .,?- -,-? I - Real state ergeant ,/ C?- /D/09 JD 7 ? 5ro Ck. Go,z!G & / 94li7 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. ELWOOD L. WEAVER ESTHER F. WEAVER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5899 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS, INC., 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, 227 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name ELWOOD L. WEAVER ESTHER F. WEAVER Last Known Address (if address cannot be reasonably ascertained, please indicate) 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 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) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 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 unworn falsification to authorities. 114 1 OOH- April 5, 2007 'Aoo'? DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. ELWOOD L. WEAVER ESTHER F. WEAVER Defendant(s). TO: ELWOOD L. WEAVER 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 April 5, 2007 CUMBERLAND COUNTY No. 06-5899 CIVIL ESTHER F. WEAVER 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 227 SOUTHSIDE DRIVE, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72,761.66 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALT; MT t A,IN tract of land situate in Pena Township. Cumberland County Ponnsylvani.a., bounded and described as follows: 333C1 1NQ: at a spike in the center of Townshif Road 'No. 349 (also known as rarm Road), on thq dividing line between Lots. Noe. 2 and 3 on the hereimf'ter mentioned Plan of Lots t tha=e by said divi ftAg lips, South. 9 degrees 11 ffiXnUtes 50 secaridsr Ra9t 206.84 feet to en iron Pin, tbanco by leads now or.fOrmerly of Thomas E. Ma1.s, South $8 de?ees 26 iinuta$ WBst 1a0 Peat to an iron pin; thence by the d4vidir?g 3, ne batweer% Lot Nos, 1 'and 2 an said P'4an' of Lots, North I degxaea 3.0 minutas Meat 189.32 teat to a spike in the center of 74Wznhip Road No. 349 afdreBaidj thence by the center of said Road, North 5.1 degreee 5o: miuuton lsaet 100 feet to the place of RM199M. =TAM90 .372 acrea, U10rc or le8.s. BUNG Lot NO. 2 of the Phan of Tots of Thomas. E. Meals, as racorded in the Office of Reccederr of Deeds for Cumberland county its Plan Book 221 page 112. TRAM NO. 2 ALL T W %:1N tract of Lend eituate in Pena Township, Cumberland C tYt Petnsylvania, b©v?stl4td and described as follown 13Nwa et an iron pin, tho 8wtheastern comer of land now or ,faVu erly of ".ear L. M%rkley,. 444 on the dividing, line botween. Late Me. ? aAd 4 an the bamina ftor wouttoood Plan Of Lotal thence by a W dividiftS 21ri4, - oUth 9 degrees 11 atautee 50 seconds Ea+et 58.65 feat. to a lnr. I ewe by t1W same(. . ouch 0 duress 25 minutes sl ser*rads west %9'5.49 c to an iron pin; thence by land of Dallao R. ftl.aon, North 68 ease 126 a tae peat 1.00 feet co an irm pin, the S0%r' twostC= corner of 'sold o r• lax4 now or formarl.y of Roger L. Ma )tley, North 68 degrees 26 mizutesl East i0a feet to the place of BRbI1. NI+ INQ 4132 Acre, move or. 1 ee'a . BN1NG Lot 20- 4 on tb8 00b"Visinx1 FUn ct ThOMW E. Beals, a$ =oordad In 'the 4 ige of 'fie Recorder of Deoft for G land county in Plan k 39, pegs e8. E=M TIM SAM pR M whioh Imager L. karkley, siugl.e t+aaw, by his deed dated 3eptem'belt 25. 200$ 84d reroided October 1, 20024 An the Offtoe of the Reeoxaor -of for Quabm' and Co=ty In bobd Book X631 Pie 4 t, Stantod c veyed to B1wooQ wsavsr acid Uther we"iir, eha A sirA w0a. VESTED BY: Warranty Deed, dated 9/25/2002, given by Roger L. Markley, single man to Elwood Weaver and Esther Weaver, husband and wife and recorded 10/1/2002 in Book 253 Page 4166 Instrument # 2002-039353 PREMISES BEING: 227 SOUTHSIDE DRIVE, NEWVILLE, PA 17241 PARCEL NO. 31-13-0112-004D ' WRIT OF EXECUTION and/or ATTACHMENT t COMMONWEALTH OF PENNSYLVANIA) NO 06-5899 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From ELWOOD L. WEAVER AND ESTHER F. WEAVER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,761.66 L.L. $.50 Interest FROM 4/5/07 TO 9/5/07 (PER DIEM - $11.96) - $1,829.88 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $196.60 Other Costs ADD'L COST - $2,683.35 Plaintiff Paid Date: APRIL 19, 2007 Curti A. Long, on ary (Seal) 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 IMP rUi-3 Real Estate Sale # 16 On April 26, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 227 Southside Drive, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 26, 2007 By: J sn4 Real Esta Sergeant z I :b b a Z 0 LOO I ^.qn 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of July and the 1st day(s) of August 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That 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 #16 t ................. .... giv. Sworn to and subscribed before me this 20th day ofiAupt 2Q?7k.D. COMvlUNWEA . eal City Of ' L Ji :urg 'auPi-un Coutriy 1 My Co, ssion Expiro J??!?e r '_' u em er, e c d,.? i•, 4Cc.l,ni,^.ti, n r.f Rlrt?: i ,. 40 NO Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 AWA ALL TRU ant?* k h Hum at, a qW in the oe#&r of &3on pi O; dhm by Lm& E -0# fcd 10, 0 its?' pjj? betaraam Lot l+ios. 1, North 7 degrees qdX a spim in the amft of 1,04, ;m11 aim Jere TRACT NO. 2 AU Tit' CBMWN treat of hail, rime PM Tom, Ca ahedtmd Coul* . md dbsmpd as folbavs: 11u1?(lA+iNfrTG at an um 1ie?+,t coma of latod noa or may p I Mxkky, ad on IW bteam lots Nos. 3 and '4 on the berraaafkr met *"d mu Of LO thhsaoe'by S Utb 9 11 > wh>r 6 to 3B3F i fed to a poi dleewky %g cam SO* 15 25 U 51 aCOM& Wad 195M #eet to as 'tea pin; t?nce of Ih?s ?; . . North 69 ftlem 26 Minm EwJ0O,feet to an Wn Pm• the of lead may or f0mOdy of flWr L North b8 '26 1?bledero4e Prue of CC G G .1`32 attee. esa?ae 4r less BHM Lot No. 4 on the SbbirWm plan of Thoemae E. NWs, as mcmw in the t" gim of berQoetbw y in Plan Bo*", L bia dW'ttted ? -?oriaf<'6tlohetr 1, in 1eo Ql?hae of e r of.I mb far C 1tmd Ca*1 page 41W graged aW f ljw ow a aetPstherVYe?ery ,, , ??lied VEM BY ge"en by L ; W* male to M WVUZ PA 17241. _ PA[tCM NO.31-13-0112-004D PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under 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: July 20, July 27, and August 3, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 6!sOtarie Coyne, ditor SWORN TO AND SUBSCRIBED before me this ___L _day of August, 2007 Notary NOTARIAL SEAL DEBORAH A COLUNS Notary Pubpp CARLISLE BORO, CIJNI *MANp COUNTY My CwwnWm EXPIM AP( 2a, 2010 Vii. MTATi GAT ENO. 16 Writ No. 2006-5899 Civil Countrywide Home Loans, Inc. VS. Elwood L. Weaver and Esther F. Weaver Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land situate in Penn Township, Cumber- land County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the cen- ter of Township Road No. 349 (also known as Farm Road), on the dividing line between Lots Nos. 2 & 3 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 11 minutes 50 seconds East 206.84 feet to an iron pin; thence by lands now or formerly of Thomas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; thence by the dividing line between Lot Nos. 1 and 2 on said Plan of Lots, North 7 degrees 30 minutes West 189.32 feet to a spike in the center of Township Road No. 349 aforesaid; Thence by the center of said Road, North 57 degrees 50 minutes East 100 feet to the place of BEGINNING. CONTAINING .372 acres, more or less. BEING Lot No. 2 of the Plan of Lots of Thomas E. Meals, as recorded in the Office of Recorder of Deeds for Cumberland County in Plan Book 23, page 112. TRACT NO. 2 ALL THAT CERTAIN tract of land situate in Penn Township, Cumber- land County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin, the Southeastern corner of land now or formerly of Roger L. Markley, and on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 11 minutes 50 seconds East 58.65 feet to a paint; thence by the same, youth 85 dusts 25 minutes 51 seconds West 19:"x.99 feet to an iron pin; thence by laud of Dallas R. Wilson, North 68 degrees 26 minutes East 100 feet to an iron pin, the Southwestern corner of said other land now or formerly of Roger L. Markley, North 68 degrees 26 minutes East 100 feet to the place of BEGINNING. CONTAINING .132 acre, more or less. BEING Lot No. 4 on the Subdivi- sion Plan of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 39, page 68. BEING THE SAME PREMISES which Roger L. Markley, single man, by his deed dated September 25, 2002, and recorded October 1, 2002, in the Office of the Recorder of Deeds for Cumberland County in Deed Book 253, page 4166, granted and con- veyed to Elwood Weaver and Esther Weaver, husband and wife. VESTED BY: Warranty Deed, dated 9/25/2002, given by Roger L. Markley, single man to Elwood Weaver and Esther Weaver, husband and wife and recorded 10/ 1/2002 in Book 253 Page 4166 Instrument # 2002-039353. PREMISES BEING: 227 SOUTH- SIDE DRIVE, NEWVILLE, PA 17241. PARCEL NO. 31-13-0112-004D. jr w PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. 7105 Corporate Drive Plano, TX 75024 Plaintiff VS. Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 06-5899 Civil MOTION FOR EQUITABLE CONVERSION AND TO CONFIRM SHERIFF'S SALE, NUNC PRO TUNC Plaintiff, Countrywide Home Loans, Inc., by its attorneys, Phelan Hallinan & Schmieg, LLP, requests conversion of a mobile home to realty and confirmation of its Sheriff's Sale nunc pro tunc, and in support thereof avers the following: 1. On or about May 7, 2004, Defendants Elwood L. Weaver and Esther F. Weaver made, executed and delivered a mortgage to Plaintiff in the principal sum of $70,762.00 for the property at 227 Southside Drive, Newville, PA 17241, which mortgage was recorded on May 13, 2004 in the Office of the Recorder of Deeds of Cumberland County in mortgage book 1865, page 1875. A true and correct copy of the mortgage is attached hereto, made part hereof, and marked as Exhibit "A". 2. Defendants defaulted on the mortgage by failing to tender payments due June 1, 2006 and each month thereafter. 3. On or about October 9, 2006, Plaintiff filed a complaint in mortgage foreclosure. A true and correct copy of the complaint is attached hereto, made part hereof, and marked as Exhibit "B". 4. Defendants Elwood L. Weaver and Esther F. Weaver were served with the complaint on December 20, 2006. True and correct copies of the Affidavits of service are attached hereto, made part hereof, and marked as Exhibit "C". 5. Notice of intent to enter default judgment was sent on March 21, 2007, and judgment against Defendants subsequently entered on April 9, 2007. True and correct copies of the notice and praecipe for entry of default judgment are attached hereto, made part hereof, and marked as Exhibits "D" and "E", respectively. 6. On September 5, 2007 the property was sold at Sheriff's sale to the attorney on the writ. 7. The Sheriff's Deed to Plaintiff was recorded in the Office of the Recorder of Deeds of Cumberland County on September 25, 2007 as instrument number 200737168. A true and correct copy of the Sheriff's Deed to Plaintiff is attached hereto, made part hereof, and marked as Exhibit "F". 8. The property has been assessed in part for "land value", and in part for "building value", under a tax parcel I.D. number of 31-13-0112-044D. Based on the Cumberland County t assessment ratio of 1.26, the fair market value of the property is $94,777.20. A true and correct copy of the tax assessment record is attached hereto, made part hereof, and marked as Exhibit «G„ 9. It was clearly the intention of the parties that the $70,762.00 loan be secured by a mortgage on both the land and the house. 10. Plaintiff obtained photographs of the house which reflect a front porch, awning, landscaping, permanent utility hookups, and a driveway which show the home's permanent affixation to the land. Attached hereto, made part hereof, and marked as Exhibit "H" are true and correct copies of the photographs of the subject property. 11. In addition, Plaintiff inquired of the Pennsylvania Department of Transportation ("Penndot") and was informed that there is no mobile home registered in the Defendants' names. This is further evidence that the home is not mobile and that the Defendants intend the home to be permanently affixed to the land. 12. There is no statutory basis in the Commonwealth of Pennsylvania for court declaration that a mobile home has been converted to realty and affixed as part of the land. 13. Pennsylvania is rife with common law that personal property or chattel be considered a fixture and as such, part of the real estate, when it is deemed to have been permanently affixed to the land. 14. Because the property is clearly attached via foundation to the land, it was clearly the intent of the parties that this home be made permanent at its site and that the mortgage cover such home as security interest for the loan. 15. Principles of equity dictate that the intent of the parties should govern. 16. Plaintiff is requesting the entry of a court order declaring the house as realty, so that when Plaintiffs sells the property, the buyer will acquire clear title to the house and land. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. 17. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Equitable Conversion and to Confirm Sheriff's Sale, Nunc Pro Tunc and Order to the Defendant on October 1, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "I". 18. The Honorable M.L. Ebert, Jr., has been assigned to this case. WHEREFORE, Plaintiff Countrywide Home Loans, Inc. respectfully requests that this Honorable Court enter an Order on this motion, that the property at 227 Southside Drive, Newville, PA 17241 with a tax parcel I.D. number of 31-13-0112-044D, be equitably converted to real estate by way of this motion, and not subject to separation from land, and that the Sheriffs Sale of this property held September 5, 2007 is CONFIRMED. Date: 1Dt Ito % PHEL HALLINAN & SCHMIEG, LLP By: Mich Me M. Bradford, Esquire Jenine R. Davey, Esquire Attorneys for Plaintiff ti PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. 7105 Corporate Drive Plano, TX 75024 Plaintiff Court of Common Pleas Civil Division : Cumberland County VS. Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants : No. 06-5899 Civil FOR On or about May 7, 2004, Elwood L. Weaver and Esther F. Weaver made, executed and delivered a mortgage upon the Property to Plaintiff in the principal amount of $70,762.00. Defendants defaulted on the mortgage by failing to tender payments due June 1, 2006 and each month thereafter. 4. On or about October 9, 2006, Plaintiff filed a complaint in mortgage foreclosure, and Elwood L. Weaver and Esther F. Weaver were served with the complaint on December 20, 2006. Notice of intent to enter default judgment was sent on March 21, 2007, and judgment against Defendants subsequently entered on April 9, 2007. On September 5, 2007 the property was sold at sheriff's sale to the attorney on the writ. The Sheriff's Deed to Plaintiff was recorded in the Office of the Recorder of Deeds of Cumberland County on September 25, 2007 as instrument number 200737168. The property has been assessed in part for "land value", and in part for "building value", under a tax parcel I.D. number of 31-13-0112-044D. Further investigation of the property was obtained by way of an appraisal report, and photographs were taken of the property, to ascertain the status of the real estate improvement. Since the house is a mobile home or a manufactured home, potential third party purchasers of the property may not be able to obtain insurable title. The fact that the house is a mobile home or a manufactured home is a cloud on title. Plaintiff is requesting the entry of a Court Order declaring the house as realty, so that Plaintiffs buyer of the property will acquire clear title to the house and land, and will be able to obtain an owner's policy of title insurance. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. LEGAL ARGUMENT A. Conversion to Realty Clearly it was the intent of the mortgagors that the home be used as security for the loan made by Plaintiff and not raw land alone. It was certainly Plaintiff's intent that the mortgage cover the dwelling. it 4 In Pennsylvania, the intent of the parties is a key consideration in determining whether or not a chattel becomes a fixture. In re Appeal of Sheetz, Inc, 657 A.2d 1011 (1995). There are at least three considerations to be made in making this determination: (1) the manner in which it is physically attached or installed, (2) the extent to which it is essential to the permanent use of the building or other improvement and (3) the intention of the parties who attached or installed it. Id. At 1013, citing, McCloskey, 101 Pa. Commonwealth Court at 113-4, 515 A.2d at 644 citing, Clothier, the Law of Fixtures in Pennsylvania, 32 Pa. B.Q. 66, 66-67 (1960-61). Plaintiff submits that when these factors are considered, it is evident that the home is affixed to the land. The parties did not sit down at the closing table with the intent to mortgage raw land. If this home was ever mobile, it is not now, being firmly founded without any trace of mobility. Neither is the home convertible back to a mobile status. The Sheetz case goes on to cite the Superior Court case of Streyle v. Board of Property Assessment, 173 Pa. Superior Court 324, 98 A.2d 410 (1953) which held that "[h]ouse trailers, so long as they remain mobile, i.e., equipped with wheels, are personal property and not subject to taxation as real estate". Id. at 327, 328, 98 A.2d at 412. It would stand to reason that once the wheels are removed, permanent affixation is evident, the property should be taxable as real estate. Clayton v. Lienhard, 312 Pa.433, 167 A.321 (1933) is still the lead case cited for determining what category "chattels" fall under in connection with real estate. There is that which is clearly furniture and will always remain personalty, that which is clearly affixed and cannot be removed without injury to the real estate or the fixture itself, and that under which mobile homes fall: physically connected to the real estate, but removable without destroying the mobile home or the real estate. 4 Plaintiff submits that the home at 227 Southside Drive, Newville, PA 17241 falls under the second classification. However, were the court to find that it was a "mobile home" under the Cla on definition, it would still need to find the home to be real estate, due to the determining factor that is the intent of the parties at the time of annexation Id. At 436, 322 (emphasis added). The Boyd Appeal case heard in Beaver County, Pennsylvania held that a "mobile home" which had its mobility removed was no longer a "mobile home" for zoning purposes, but should be deemed a single-family dwelling. It further distinguished between trailers (with wheels) and mobile homes, indicating that "the structural construction of th[is] home differs from that of a conventional home only to the extent that it is of a smaller scale. The degree of difficulty in physically moving the structure is the same". Boyd Appeal, 67 Pa. D. & C. 2d1, 1974 WL 15624 (Pa.Com.Pl) (1974). In defining the structure, the Court set forth a plethora of factors that it found to separate such a permanent home from that of a trailer, such as the foundation itself, the building materials, the water, sewer and electricity utilities, telephone service, septic tank and fuel oil heating unit. Id. at 15. Further, counsel for Plaintiff in prior cases with very similar fact patterns has had relief granted in its favor in several Pennsylvania counties. In the instant case, Elwood L. Weaver and Esther F. Weaver have clearly evidenced similar manifestations of intent to have this dwelling be permanently affixed to the land. It is clear from the photographs attached hereto that there is utility hookup, a porch, and a permanent foundation, and the interior of the dwelling is replete with the amenities of any other home. Further, as evidenced by the Cumberland County Tax Assessment documents attached to Plaintiff's instant motion, this property has been assessed as improved property for real estate tax purposes. Surely, logic dictates that if this type of improvement would be considered a home for • zoning reasons, and the very county in which it sits has assessed it as real estate for tax purposes, the property should be deemed realty. A Lancaster County, Pennsylvania Court used the Cla on standard to hold that a mobile home constituted real estate under Pennsylvania law when the wheels of the home had been removed, the home remained in place for seven years, water, sewer, electricity and telephone were connected, and the owners paid real estate taxes to Lancaster County. Fromm v. Frankhouser, 7Pa. D. & C. 3d 560,566-567,1977 WL 269 (Pa.Comm. PI) (1977). The same conclusion should be reached in Cumberland County in the instant case. B. Relief in Aid of Execution Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P.3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendants. (See Exhibit "E"). Moreover, it is also clear that the mortgaged property at 227 Southside Drive, Newville, PA 17241, was property of the Defendants and subject to attachment and execution. Therefore, the creditor is entitled to invoke Rule 3118 for its motion to aid in the execution of the property and the court has jurisdiction over this matter. C. Plaintiffs Motion to Equitably Convert Should Be Granted Pursuant to Rule 126 In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), although the Commonwealth Court found the Common Pleas Court exceeded the scope of Rule 3118 by making a determination of which creditor had priority to the debtor's lottery winnings, the court nonetheless refused to remand the case for a separate hearing. Id. at 612. In so finding the court stated "it would be judicially inefficient to remand this matter to the trial court when all of the necessary parties were able to participate in the matter before the Court of Common Pleas. " Id. at 609. In support of its ruling, the Livingston court cited Pa. R.C.P. 126, which provides that civil procedure "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." Pa. R.C.P. 126. In the present case, the Defendants at all times were aware of all proceedings and were able to fully participate. However, the Defendants have not contested any of the proceedings. Requiring a separate action to quiet title would cause undue delay and additional cost to Plaintiff. D. Quiet Title and Foreclosure Claims May Be Joined Under Meara Even if the Motion to Equitably Convert to Real Property were deemed to be a quiet title action, such an action may be properly joined with a foreclosure action under Meara v. Hewitt, 455 PA 132 (1974). Under the Pennsylvania Rules of Civil Procedure, a plaintiff in an action of mortgage foreclosure may state in his or her complaint two or more grounds for foreclosure, but 4 may not state more than one cause of action. Pa. R.C.P. 1146. Thus, an action in equity may be joined with an action to quiet title and an action of mortgage foreclosure, where all three actions turn on the same legal question of the validity of a mortgage. Goodrich Amram 2d § 1146:1. E. Declaratorv Relief Pennsylvania Rule of Civil Procedure 1602 titled "Declaratory Judgment as Ancillary Relief' states that a party may include a prayer for declaratory relief in any action at law or in equity. Consistent with the law cited above, this rule permits Plaintiffs requested relief in a mortgage foreclosure action. The Declaratory Judgments Act states, "Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed...." 42 Pa. C.S.A. §7532. In the instant case, Plaintiff is seeking an order declaring the status of the house as realty, so that when Plaintiff sells the property, the buyer will acquire clear title. Section 7532 gives the Court the authority to make this declaration. The Pennsylvania Superior Court has held that the Declaratory Judgments Act is to be liberally construed. Doe v. Johns-Manville Corp., 471 A.2d 1252, 324 Pa. Super. 469 (Pa. Super. 1984). In addition, the Declaratory Judgments Act is intended to provide relief from uncertainty. Curtis v. Cleland, 552 A.2d 316, 122 Pa. Cmwlth. 328 (1988). Accordingly, Plaintiff submits that the Declaratory Judgments Act provides the Court with jurisdiction to declare Plaintiff s house as realty, to provide relief to the Plaintiff from the uncertainty associated with selling a mobile home or manufactured home to a third party. 10 F. Equitable Principles Plaintiff is without an adequate remedy at law and will suffer irreparable harm unless the requested relief is granted. This Court has plenary power to administer equity according to well- settled principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Plaintiff is requesting the entry of a court order declaring the house as realty, so that the buyer of the property at Sheriff's Sale will acquire clear title to the house and land. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. WHEREFORE, Plaintiff Countrywide Home Loans, Inc. respectfully requests that this Honorable Court enter an Order on this motion, that the property at 227 Southside Drive, Newville, PA 17241 with a tax parcel I.D. number of 31-13-0112-044D, be equitably converted to real estate by way of this motion, and not subject to separation from land, and that the Sheriff's Sale of this property held September 5, 2007 is CONFIRMED. Date: tn?- I 1A% Respectfully submitted: PHEL ple LINAN & SCHMIEG, LLP By: MBradfor , Esquire Jenine R. Davey, Esquire Attorneys for Plaintiff EXHIBIT A E p j M S 00 c' nec- ,y.9. 009061885 WEAVER `EL ROURT P. ZIEGLER RECORDER OF DEEDS liar 1411?I???I?LIll?4? 610 061458336 D2 001 001 1 P 13 R M 8 33 . After Recording Return To: Prepared By: COUNTRYWIDE HOME LOANS, INC. MICHELLE WHITEHEAD MS SV-79 DOCUMENT PROCESSING P. o. Box 10423 Parcel Number: Van Nuys, CA 91410-0423 [Space Above This Line For Recording Data] PA44174845.92703 [Casa #1 0 0 0 614.5.83 3 60'S0'04 [Doc ID #1 Coubnonwealth of Pennsylvania MORTGAGE FHA Case No. PA4417484592703 MIN 1000157-0003453593-6 THIS MORTGAGE ("Security Instrument") is given on MAY 07, 2004 The Mortgagor is ELWOOD L WEAVER, AND ESTHER F WEAVER, HUSBAND AND WIFE ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MFRS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. NMS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Plint, MI 48501-2026, tel. (888) 679-MERS. COUNTRYWIDE HOME LOANS, INC. ("Lender") is organized and existing under the laws of NEW YORK , and has an address of 4500 Park Granada, Calabasas, CA 91302-1613 Borrower owes Lender the priticipal sum Qf• - SEVENTY THOUSAND SEVEN HUNDRED SIXTY TWO and 00/100 Dollars(U.S. $ 70, 762.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on JUNE 01, 2024 . This Security Instrument secures to Lender: (a) FHA Pennsylvania Mortgage with MEETS -4/96 Pape 1 of 9 Inftiais: .4N(AA) (0207) CHL (01103)(d) VMP MORTGAGE FORMS - (800)621-7291 ?o' Amended 6102 *23991* • 0 6 1 4 5 8 3 3 6 0 o 0 o o 1 0 0 4 N` 8K 1865PG 1875 z i •9 r CASE #: PA4417484592703 DOC ID #: 0006145833605004 the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note;. N the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MGRS, the following described property located in CUMBERLAND County, Pennsylvania: SEE M-HIB•I-T -"A," ATTACHED HERETO AR MADE A PART HEREOF. which has the address of 227 SOUTHSIDE 6R, NEWVILLE tsftve? city] Pennsylvania l72 41- 8 910 ("Property Address"); lip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MFRS, (as nominee for Lender and Lender's suemsors 4nd assigns), has the right: to.exercise arrj-or-all of-those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including; but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS -that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. 411k4N(PA) (OM7) CHL (01/03) Page 2 of e tnltlafs:1 B.Ki865PG1876 t 1 CASE #: PA4417484592703 DOC ID #: 0006145833605004 Bort6wer and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property; and (e) premiums for insurance required under paragraph 4. In any year in which the Lender-must pay_-a -mortgage insurance premium. to the-Secretary- -of Housing and--Urban Development ("Secretary"), or in any year in which such premium would have been required N Lender still held the Security Instruunent, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "escrow Items" and the sums paid to Lender are called- "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 35d0, as they may be amended from time to time ("RESPA"), except that the cushion or reserve-permitted by RESPA-for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the frill payment of all such-sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender-has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess fiords to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items' (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: Fht? to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; SS to--any taxes, special assessments; leasehold-payments,-or-grounttrents, and'fire; flood and other hazard insurance premiums, as required; Third to interest due under the Note; Fourth F to to amortization of the principal of the Note; and i late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements an the Property, whether now in. ?tence obsequently erectd, agt y hazards, casualties, and contingencies, inclfinefor ch Lender insurane. Till be maintained in the amounts and for t h e ods tht L e r requires. B o r r o w e r shall also insure aII improvements on the Property, whether now in existence or.subsequently.erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptab)e to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part 4P , j4N(PA) (0207) CHL (01/03) Page 3 of 9 Inrdals: (e 0) BK 1865PG 1877 CASE #: PA4417484592703 DOC ID #: 0006145833605004 of the insurance proceeds may be applied by Lender, at its option, either (a) to the deduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3,.and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due data of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be,paid to the entity legally entitled thereto. In the event of forecloinm of this Security Instrument or other transfer of title to the property that extinguishes the-indebtedness; all-right; title-andinterest°of Borrower-iwand-to insaranc6policiies in force shall pass to the purchaser. 5. Oempaucy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Applicatift Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal!residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Properly or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in dealt if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Properly, the leasehold and fee title shall-not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the fall amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to -the entity legally entitled thereto. - 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these-Payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform army other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lihdees rights in the Property (such as a proceeding in bankruptcy, AW condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. -4N(PA) (0207) CHL (01/03) Page 4 of 9 Jnfts: 8, ! 865PG 1878 s CASE #: PA4417484592703 DOC ID $: 0006145833605004 Any.amounts disbursed by Lender under this paragraph "become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory -to Lender subordinating the lien to this Security Instrument. If Lender determines -that -any -part of the -Property is •shbject -to a ,lien ,which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument (i) Borrower defaults by failing to pay in fall any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depositary Institutions Act of 1982, 12 U.S.C. 1701]-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Pioperty is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in fall,, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted-by-regulations of the-Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof; Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be. exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This light applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Bor'rower's account current including, to the extent they are 4N(PA) (0207) CHL (01/03) Page 5 of 9 Inigalai'7/ OUT SWt865PG1879 CASE #: PA4417484592'703 DOC ID #: 0006145833605004 obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding, Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if, Q) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding *the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different•grounds in-the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. $orrower-Not Released;-Forbearance By-;ender-Not-a- Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument -granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any-successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several LiabBity; Co-Signers. The covenants and agreements of this Secattity Instrument shall bind and benefit the successors and assigns', of Lender and Borrower, subject to the provisions of paragraph 9(b). Bor'rower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security lastrament; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or-by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed-to-the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severabfiity. This Securitylnstrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this and the,provisioos-of-this Security Instrument and,the Notc are declared.to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding, two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Silbstance or Environmental Law of which Borrower has actual knowledge. If Borrower leams, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. -4N(PA) (0207) CHI. (01103) Page 6 of 9 InMals: OK1.865PG1880 CASE #: PA4417484592703 DOC ID #: 0006145833605004 As used in this paragraph 16, „Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde; and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows ?- V.-Assignment-of Rents: Borrower unconditionally assigns and transfers' to Lender all the rents and revemres of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby defects each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notide to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall. not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to-Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender; This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lendermay foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the non udicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the.Propecty-as provided in fhe.Ach Noting in the ,preceding septence shall deprive .the. Secretary of any rights otherwise available to a Lender under this Paragraph-18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall' discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of, any present or futuore laws providing for stay of execution, extension of time, exemption from attachment, levy and We, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire tide to the Property, this Security Instrument shall be a purchase money mortgage. 4Z -4Nt(PA) (0207) CHt. (01!03) Page 7 of 9 SKl865PGi88?. 1 ?. r CASE #: PA4417484592703 DOC ID #: 0006145833605004 23. Uterest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security" Instrument. [Check applicable box(es)]. 0 Condominium Riderr - ED Growing Equity Rider Other [specify] D.Planned Unit Development Rider Graduated Payment Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. 8iL't'J'a /- ---(Seal) ELWOOD L. WEA -Borrower 4 APO ?r 1 ESTHER F. WEA R (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Certificate of Residence I, , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 7th day of May, 2004. Cornerstone Land Transfer, Inc. Agent of Mortgagee ft.-U(PA) (0207) CHL (01/M) Page 6 of e BK ! 865PG 1882 r? CASE #: PA4417484592703 DOC ID #: 0006145833605004 COMMONWEALTH OF PENNSYLVANIA, Cumberland countyss• On this, 7 th day of May 2004 , before me, the undersigned officer, personally appeared Elwood L. Weaver and Esther F. Weaver ,. - known to me person whose name(s) is are subscribed to, the within instrument a NoWW executed the same for the purposes herein contained. IN WrINFSS WHEREOF, I hereunto set my han and official My Commission fto Expires: n ,fW Notary Public Y Cumbc?iand County 0 S phs Feb. 16, 2006 Title of Omcer tM9AUocie woIN0Mfles -4N(PA) 00 CHL (01/03) is proven) to be the that he/she/they 1 Certify this to be recorded In Cumberland County PA l ?I Y Recorder of Deeds Page 8 of 8 BKI865PG1883 IntUals: Exhibit "A" ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Read No. 349 (also known as Farm Road), on the dividing line between Lots Nos. 2 and 3 .on the hereinafter mentioned Plan of Lots; thenc? by said dividing line, South 9 degrees 11 minutes 50 seconds East1206.84 feet to an iron pin; thence by lands now or.formerly of Thocizas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; thence by the dividing line between Lot Nos. 1 and 2 on said Plan of Lots, North 7 degrees 30 minutes West 189.32 feet to a spike i the center of Township Road No. 349 aforesaid; thence by the center of said Road; North 57 degrees 50 minutes East 100 feet to thelplace of BEGINNING. ?.-- CONTAINING . 372 acres; -more or less . BEING Lot No. 2 of the the Office of Recorder 23, page 112. TRACT NO. 2 ALL THAT CERTAIN tract County, Pennsylvania, Plan of Lots of Thomas E.iMeals, as recorded in of Deeds for Cumberland County in Plan Book of land situate in Penn Township, Cumberland bounded and described as follows: BEGINNING at an iron pin, the Southeastern cornet of land now or formerly of Roger L. Markley, and on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan o Lots; thence by said dividing line, South 9 degrees 11 minutes 5: seconds East 58.65 feet to a point; thence by the same, South 85 degrees 25 minutes 51 seconds West 195.99 feet to an iron pin; thence }y land of Dallas R. Wilson, North 68 degrees 26 minutes East 100 fee{ to an iron pin, the Southwestern corner of said other land now or fo?merly of Roger L. Markley, North 68 degrees 26 minutes East 100 feet to the place of BEGINNING. CONTAINING .132 Acre, more or less. BEING Lot No-....4 on the Subdivision Plan of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 39, page 68. BEING THE SAME PREMISES which Roger L. Markley, Tingle man, by his deed dated September 25, 2002, and recorded Octo}oer 1, 2002, in the Office of the Recorder of Deeds for Cumberland County in Deed Book 253, page 4166, granted and conveyed to Elwood Weaver and Esther Weaver, husband and wife. g l 865PG 1884 EXHIBIT: B Plaintiff Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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 141777 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 V. ELWOOD L. WEAVER ESTHER F. WEAVER 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 1) L? _Jl i 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 prooeed 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 `e h61-ebv C1 1't1tk thi-; 4Ar(ihi,'1't0 be a 111ue an,'. co`: rfict cov!v of tt)e' rigs all filed" Of reco w 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 NVAIT 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 #: 141777 I . Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ELWOOD L. WEAVER ESTHER F. WEAVER 227 SOUT HSIDE DRIVE NEWVII.LLE, PA 17241 who istare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/07/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC_ which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1865, Page: 1875. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2006 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 S: 141777 6. The following amounts are due on the mortgage: Principal Balance $66,831.47 Interest 1,613.18 05/01/2006 through 10/05/2006 (Per Diem $10.21) Attorney's Fees 1,250.00 Cumulative Late Charges 102.48 05/07/2004 to 10/05/2006 Cost of Suit and Title Search $ 550.010 Subtotal $ 70,347.13 Escrow Credit 0.00 Deficit 556.31 Subtotal 556-31 TOTAL $ 70,903.44 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 70,903.44, together with interest from 10/05/2006 at the rate of $10.21 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. PHEL INAN & SCHMIEG, LLP By: ?/ranVcis S. Hallinan LAWRENCE T. PHELAN. ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 141777 LEGAL DESCRIPTION TRACT NO. 1 ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEG1 44MG at a spike in the center of Township Road No. 349 (also known as Farm Road), on the dividing line between Lot Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 1 I minutes 50 seconds East 206.84 feet to an iron pin; thence by lands now or formerly of Thomas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; thence by the dividing line between Lot Nos. 1 and 2 on said Plan of Lots, North 7 degrees 30 minutes West 189.32 feet to a spike in the center of Township Road No. 349 aforesaid; thence by the center of said Road, North 57 degrees 50 minutes East 100 feet to the Place of BEGINNING CONTAINING .372 Acres, more or less. BEING Lot No. 2 of the Plan of Lots of Thomas E. Meals, as recorded in the Office of Recorder of Deeds for Cumberland County in Plan Book 23, page 112. BEING the same property which Thomas E. Meals, single man, by Deed dated March 12, 1973 and recorded March 15, 1973 in the Office of Recorder of Deeds in and for Cumberland County in Deed Book B-25 page 138, granted and conveyed unto Roger L. Markley, Grantor herein. TRACT NO.2 ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at. an iron pin, the Southeastern corner of land now or formerly of Roger L. Markley, and on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 1 i minutes 50 seconds East 58.65 feet to a point; thence by the same, South 85 degrees 25 minutes 51 seconds West 195.99 feet to an iron pin; thence by land of Dallas R. Wilson, North 68 degrees 26 minutes East 100 feet to an iron pin, the Southwestern corner of said other land now or formerly of Roger L. Markley, North 68 degrees 26 minutes East 100 feet to the Place of BEGINNING. CONTAINING .132 Acres, more or less. BEING Lot No. 4 on the Subdivision Plan of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for -Cumberland County in Plan Book 39, page 68. BEING the same property which Thomas E_ Meals, single man, by Deed dated and recorded February 24, 1981 in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book H-29 page 886, granted and conveyed unto Roger L. Markley, single man. BEING KNOWN AS: 227 SOUTHSIDE DRIVE Fite #: 141777 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 filing on 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 trite and" correct to the best of his knowledge, infotntation and belief. The undersigned understands that this statement is made subject to the penalties of 18-Pa. C.S. Sec. 4904 relating- to unworn falsification to authorities. FRANCIS S.-HALLINAN, ESQUIRE Attorney for Plaintiff DATE: _ o? USf O C? 1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05899 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WEAVER ELWOOD L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEAVER ELWOOD L the DEFENDANT , at 1136:00 HOURS, on the 20th day of December-, 2006 at 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 227 SOUTHSIDE DRIVE NEWVILLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 18.00 8.80s f 6.00 10.00 R. Thomas Kline .00 42.80 12/20/2006 PHELAN HALLINAN S.CHMIEG Sworn and Subscibed to By: before me this day of A.D. - -1 __ - .. - - SHERIFF'S RETURN - REGULAR CASE NO: 2006-05899 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WEAVER ELWOOD L ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon T.IVAI V VQTW'PP F the DEFENDANT , at 1136:00 HOURS, on the 20th day of December_, 2006 at 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 227 SOUTHSIDE DRIVE NEWVILLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Posted 6.00 Surcharge 10.00 .00 22.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/20/2006 PHELAN HALLINAN/ftHMZEG By. A. D. A 1 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS Plaintiff Vs. ELWOOD L. WEAVER ESTHER S. WEAVER Defendants TO: ELWOOD L. WEAVER 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 DATE OF NOTICE: MARCH 21, 2007 FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 CC: DOUGLAS ROEDER, ESQUIRE ELDER LAW & CONSUMER PROTECTION CLINIC 45 N. PITT STREET CARLISLE, PA 17013 CIVIL DIVISION CUMBERLAND COUNTY :NO. 06-5899-CIVIL F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS Plaintiff Vs. ELWOOD L. WEAVER ESTHER S. WEAVER Defendants TO: ESTHER S. WEAVER 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 DATE OF NOTICE: MARCH 21, 2007 F r PT"n7 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 CC: DOUGLAS ROEDER, ESQUIRE ELDER LAW & CONSUMER PROTECTION CLINIC 45 N. PITT STREET CARLISLE, PA 17013 CIVIL DIVISION CUMBERLAND COUNTY NO. 06-5899-CIVIL -, -- 5 C- tRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff EXHIBIT E r?iLAN HALLINAN & SCHMIEG, L LP. BY: DANIEL G. SCHMIECL Ideptl6cation No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F• I{ENNEDY B LVD,, SUITE 1400 PRELADELPHIA, PA 19103-1814 215 563-7"o COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIV E PLANO, TX 75024 CUMBERLAND CU C= uN , d ;? • COURT OF COMMON AS Plaintiff,. H!, r V. CIVLDIVISION n_. ? 410 Q ! 6 . OODL. "0 WEAVER 'ESTHER F. WEAVER NO. of,-58" CIVIL C7 -r 1- jF Defendant(s).'... PRAECIPE FOR IN REM JUDGMENT FOR FAIL AN URE TO SWER AND ASSESSMENT OF D AMAGES TO THE PROTHONOTARY: Kindly enter an F. in rem judgment in favor of the Plaintiff and EVER VVEA VE Defendant(s) for failure to file an Ansaa erlt 20 days from service there W OD L WEAR f o P1am o and for Foreclosure and Sale of the wort tiffs Complaint within plaintiffs damages as follows: gaged premi ses, and assess As set forth in Complaint Interest from 1016106 to 4/5/07 TOTAL $70,903.44 $1,858.22 $72,761.66 I hereby certify that 0) the addresses of the Plain (2) that notice has been given in accordance with Rule 23 U i? Defeat(s) are as shown above; and PY attached. ALEASE RET'UP , DANIEL G. SCHMIEG, ESQi1 Attorney for plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED, DATE: aM 7 141777 PR PROTEI EXHIBIT F ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200737168 Recorded On 9/25/2007 At 12:50:58 PM * Instrument Type - DEED-SHERIFF'S Invoice Number - 5256 User ID - RAK * Grantor - WEAVER, ELWOOD L Qrantee - COUNTRYWIDE HOME LOANS INC * Customer - CUMB CO SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $39.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA art a +?r RECORDER O D DS 2 tYao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. RIIiIIl00512 dl91111 r Tax Parcel No. 31-13-0112-0440 Control #31000882 Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to Countrywide Home Loans, Inc. Real Estate Sale No. 16 Writ No. 2006-5899 Civil Term Countrywide Home Loans, Inc. VS Elwood L. Weaver and Esther F. Weaver Atty. Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 (also known as Farm Road), on the dividing line between Lots Nos. 2 & 3 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 11 minutes 50 seconds East 206.84 feet to an iron pin; thence by lands now or formerly of Thomas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; thence by the dividing line between Lot Nos. 1 and 2 on said Plan of Lots, North 7 degrees 30 minutes West 189.32 feet to a spike in the center of Township Road No. 349 aforesaid; Thence by the center of said Road, North 57 degrees 50 minutes East 100 feet to the place of BEGINNING. CONTAINING .372 acres, more or less. BEING Lot No. 2 of the Plan of Lots of Thomas E. Meals, as recorded in the Office of Recorder of Deeds for Cumberland County in Plan Book 23, page 112. TRACT NO.2 ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland. County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin, the Southeastem corner of land now or formerly of Roger L. Markley, and on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 11 minutes 50 seconds East 58.65 feet to a point; thence by the same, South 85 degrees 25 minutes 51 seconds West 195.99 feet to an iron pin; thence by land of Dallas R. Wilson, North 68 degrees 26 minutes East 100 feet to an iron pin, the Southwestern corner of said other land now or formerly of Roger L. Markley, North 68 degrees 26 minutes East 100 feet to the place of BEGINNING. CONTAINING .132 acre, more or less. BEING Lot No. 4 on the Subdivision Plan of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 39, page 68. BEING THE SAME PREMISES which Roger L. Markley, single man, by his deed dated September 25, 2002, and recorded October 1, 2002, in the Office of the Recorder of Deeds for Cumberland County in Deed Book 253, page 4166, granted and conveyed to Elwood Weaver and Esther Weaver, husband and wife. VESTED BY: Warranty Deed, dated 9/25/2002, given by Roger L. Markley, single man to Elwood Weaver and Esther Weaver, husband and wife and recorded 10/1/2002 in Book 253 Page 4166 Instrument # 2002-039353. PREMISES BEING: 227 SOUTHSIDE DRIVE, NEWVILLE, PA 17241 PARCEL NO. 31-13-0112-004D The same having been sold by me to the said grantee on the 5th day of September Anno Domini Two Thousand and Seven (2007) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 19th day of April Anno Domini 2007 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Six (2006) Number 5899 at the suit of Countrywide Home Loans, Inc. against Elwood L. Weaver and Esther F. Weaver. In Witness Wereof, I have hereunto affixed my signature this 17th day of September Anno Domini Two Thousand and Seven (2007) f ? Thomas Kline, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Renee Simpson, Deputy of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 17 ' Way of Sept. Anno Domini Two Thousand and Seven (2007) fo an ICI P thonotary I hereby certify that the residence And Post Office address of the Within Grantee is 7105 Corporate Drive Plano, TX 75024 Solicitor EXHIBIT G TaxDB Result Details Detailed Results for Parcel 31-13-0112-044D in tl DistrictNo 31 Parcel ID 31-13-0112-044D MapSuffix HouseNo 227 Direction Street SOUTH SIDE DRIVE Ownerl COUNTRYWIDE HOME LOANS INC C/O PropType R PropDesc LivArea 1056 CurLandVal 17420 CurImpVal 57800 CurTotVal 75220 CurPrefVal Acreage .50 CIGrnStat TaxEx 1 SaleAmt 1 SaleMo 09 SaleDa 25 SaleCe 20 SaleYr 07 DeedBkPage 200737168 YearBlt 1982 HF File Date 10/25/2004 HF_Approval_Status R le 2004 Tax Assessment Database Page 1 of 1 http://taxdb.ccpa.net/details.asp?id=31-13-0112-044D&dbselect= 1 4/21/2008 EXHIBIT H ti . ,_ .t s: .? 4Y+^` ?? 4 J it d .? ! c ?.?,! 1 * A k * ? ?'? - ? ir' lwwvm 00.1 -- ----- <. r-'._______-? _.,--- _..._. __.__. r______.. _..___. _? * „q .M,` ?? ?4 !l?,k??+#a:. ;?Yr F vu,?.??. ???' ?+.r?4' ? ';,fig ?, ,.?, -?- r,: ?. ?'rL ?.:,'.'?' ?. .. }y? - Y. ;s ? a? s?_ L?y{f ? 'lL t - ^ ? ? L- • ? M? w< R * ., ,r?-: EXHIBIT I PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-3459 Email: michele.bradford(c,fednhe.com jenine.davev@fedphe.com Michele M. Bradford, Esquire Jenine R. Davey, Esquire October 1, 2008 Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Representing Lenders in Pennsylvania & New Jersey RE: Countrywide Home Loans, Inc. vs. Elwood L. Weaver and Esther F. Weaver Cumberland County CCP, No. 06-5899 Civil Dear Mr. and Mrs. Weaver, Enclosed please find a true and correct copy of my proposed Motion for Equitable Conversion and to Confirm Sheriffs Sale, Nunc Pro Tunc and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Wednesday, October 8, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve truly yours, Mich M. Bradford Esquire Jenine R. Davey, Esquire For Phelan Hallinan & Schmieg, LLP Enclosure LA A w N O 1.0 oo v O? ?' A W N -- C" H r? CD n n r+ A ' CD fD Z ? CrJ C 0 o 0' fb R A N EA Z r (A b A C ?fb tv CL y A y ?D g o v 1 4m R v 0 " b CL 3 ? b O O y 2i O < r•p ?D y ? y ?nsa W „gg pCC? P v, CO 6 g ; ? f , P ? N F, ?y? 0?0 W ? R P C % n H ? w n' 5 w P , m ?,?EgE°? N 9 ©(r ?? w ct W r Cam'. ? ? ? a a P c 02 1M .1 4 0004218010 OC 1 200' , . ?' MAILED FROM ZIPC 9103 _ 5 o ? ag A A O. y m ? d 2 (D b e?Y O? 0 7 A O b a z z n r b 46 VERIFICATION Michele M. Bradford, Esquire/ Jenine R. Davey, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Plaintiffs Motion for Equitable Conversion and to Confirm Sheriff's Sale Nunc Pro Tunc, and Brief in support thereof 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. Date: 0 &O-o PHEkAN HALLINAN & SCHMIEG, LLP By: Mic ele M. Brad rd, Esquire Jenine R. Davey, Esquire Attorneys for Plaintiff ?J 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas 7105 Corporate Drive Plano, TX 75024 Civil Division Plaintiff Cumberland County PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center Suite 1400 ATTORNEY FOR PLAINTIFF VS. Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants : No. 06-5899 Civil CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and correct copies of the foregoing Motion for Equitable Conversion and to Confirm Sheriff s Sale, Nunc pro Tunc and Brief in Support thereof, were served by regular mail on Defendants on the date listed below. Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Date: lb W d v- P"ELAN HALLINAN & SCM4IEG, LLP By: Mich M. Bradfo d, Esquire Jenine R. Davey, Esquire Attorneys for Plaintiff t""' _ . i _... -., __? _,t ? ?. ?,? COUNTRYWIDE HOME LOANS, INC. PLAINTIFF V. ELWOOD L. WEAVER, ESTHER F. WEAVER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5899 CIVIL ORDER OF COURT AND NOW, this 13`h day of October, 2008, upon consideration of the Motion for Equitable Conversion and to Confirm Sheriff's Sale, Nunc Pro Tunc filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before November 13, 2008; 3. Notice of entry of this order shall be provided to the Defendants by the Petitioner; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order of court or a hearing is required. 5. The Prothonotary is directed to forward said Answer to this Court. By the Court, /Iwlchele M. Bradford, Esquire Attorney for Plaintiff Alwood L. Weaver Esther F. Weaver Defendants ? Douglas R Roeder, Esquire Elder Law Clinic ``` M. L. Ebert, Jr., J. Cumberland County Sheriff - b# S I d %3 ?Of? bas co lEs rhaLLLFC-L /is 1a$ -'XI 9z I I Wv c 1 130 OR kwioicHi PHELAN HALLINAN & SCHMIEG, LLP Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 06-5899 Civil CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that a true and correct copy of the Order of Court dated 10/13/08, was served by regular mail on Defendants on the date listed below. Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 PHELAN HALLINAN & SCHMIEG, LLP Date: /01n /oz BY &?" J ' e R. Dave squire Attorney for Plaintiff G ? n-a cry ....+? rn PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 06-5899 Civil MOTION TO MAKE RULE ABSOLUTE Citimortgage, Inc. hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: October 9, 2008, Plaintiff filed a Motion for Equitable Conversion. 2. On October 13, 2008, the Court entered an Order directing the Defendants to respond to the Motion on or before November 13, 2008. A true and correct copy of the Order is attached hereto, made part hereof and marked as Exhibit "A". 3. Plaintiff served a copy of the Order on Defendants on October 17, 2008. A true and correct copy of the Certification of Service is attached hereto, made part hereof and marked as Exhibit "B". 4. Defendants failed to respond or otherwise plead to the Order dated October 13, 2008. Plaintiff received a fax from Douglas R. Roeder, attorney for Esther Weaver advising that they will not be contesting this motion. A true and correct copy of the letter from Douglas R. Roeder, Esquire is attached hereto, made part hereof and marked as Exhibit "C". WHEREFORE, Plaintiff prays that this Honorable Court make the Rule to Show Cause Absolute and grant Plaintiff's Motion for Equitable Conversion. PHELAN HALLINAN & SCHMIEG, LLP Date: 1 b? Je ' e R. Davey, Es ire Attorney for Plaintiff EXHIBIT A COUNTRYWIDE HOME IN THE COURT OF COMMON PLEAS OF LOANS, INC. CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. ELWOOD L. WEAVER, ESTHER F. WEAVER, DEFENDANTS NO. 06-5899 CIVIL ORDER OF COURT AND NOW, this 13'h day of October, 2008, upon consideration of the Motion for Equitable Conversion and to Confirm Sheriff's Sale, Nunc Pro Tunc filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before November 13, 2008; 3. Notice of entry of this order shall be provided to the Defendants by the Petitioner; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order of court or a hearing is required. 5. The Prothonotary is directed to forward said Answer to this Court. By the Court, * -IV, ?A4 k M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Attorney for Plaintiff Elwood L. Weaver Esther F. Weaver Defendants Douglas R Roeder, Esquire Elder Law Clinic Cumberland County Sheriff bas hant ?! ?. 6 StiAS? t1h S, tai ad Cart W; ? .?•. te=a. Pa Ala ffvl EXHIBIT B P-13 r 0 C° 2?U5 ca {i:7 MM o ` - rV rs ts Mrs -- ,.. i C-n 4 . PHELAN HALLINAN & SCHMIEG, LLP Jenine R. Davey, Esquire, I.D. No. 8707! One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-5899 Civil CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that a true and correct copy of the Order of Court dated 10/13/08, was served by regular mail on Defendants on the date listed below. Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 PHELAN HALLINAN & SCHMIEG, LLP Date: I yn 11-1 /Oz By: Je ' e R. Dave squire Attorney for Plaintiff '? Qom` 12/01/2008 16:19 7172413596 PSU DSL LAW CLINICS PAGE 02/02 PENN STATE c1C411son The Di )Elder i aw and Consumer Protecti60 Cllnlc The Dole P. Shughan . School. of Law A servicc to the community by students C ommunity Law Center 45 North Pitt Strect from The Vickinson School of Law of Carlisle, PA 17013 The Pennsylvania State Univemity Office: 717-240.51.52 or 717-240-51(12 -Fax: 717-241-3596 December 1, 2008 VIA FACSIMILE ONLY TO. 215) 5630459 Michele M. Bradford, E, sq. one Penn Center, Suite 1400 1617 John. F. Kennedy Blvd. Philadelphia, PA 1.9013-1814 Re: Motion to Rule Absolute Dcar Ms. Bradford: l:ing the Motion to Rule This letter is to inform you in advance for you kind notificatnon,. Absolute. Thanki y If there are any questions or concems, please contact me at the Elder Law and Consumer Protection Clinic at (717) 243-5152. Sincerely, DCertified Legal Intern Douglas R Roeder, Esq. Supervising Attorney CC: Esther Weaver An Equal Opportunity University VERIFICATION Jenine R. Davey, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is Authorized to make this Verification, and that the statements made in the foregoing Plaintiffs 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 penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. DATE: III 31a PHELAN HALLINAN & SCHMIEG, LLP BY: Je ne R. Davey, quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 06-5899 Civil CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on all interested parties on the date listed below: Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Date: k a 3 16% Douglas R. Roeder, Esquire Elder Law Clinic 45 North Pitt Street Carlisle, PA 17013 PHELAN HALLINAN & SCHMIEG, LLP Jenin . Davey, Esquire Atto ey for Plaintiff .. ? DEC p 5 2093? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Countrywide Home Loans, Inc. Court of Common Pleas 7105 Corporate Drive Plano, TX 75024 Civil Division Plaintiff vs. No. 06-5899 Civil Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants ORDER t? AND NOW, this 5 day of O LLAA&b r , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the dwelling at 227 Southside Drive, Newville, PA 17241, Penn Township with a tax parcel I.D. number of 31-13-0112-044D, is equitably converted to real estate by way of this motion, and not subject to separation from land, and the Sheriff's Sale of the aforementioned property of September 5, 2007 is confirmed, nunc pro tunc, and it is ORDERED and DECREED that the Cumberland County Recorder of Deeds is hereby directed to accept a certified copy of this Order for recording. BY THE COURT: - ?? -?' ?4 XElwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 /uglas R. Roeder, Esquire Elder Law Clinic 45 North Pitt Street Carlisle, PA 17013 nine R. Davey, Esquire One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Cop ( Es ,? t,L?cC, 1-z If 40'e r? 00 - , UUiJC, Vi Z c C1 J ??r r C7-- ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia,PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas 7105 Corporate Drive Plano, TX 75024 Civil Division Plaintiff VS. CUMBERLAND County Elwood L. Weaver No. 06-5899 Civil Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants MOTION FOR TRANSFER OF TITLE AND NOW, COMES PLAINTIFF, Countrywide Home Loans, Inc.,by its attorneys, Phelan Hallinan, LLP, and presents this Motion for Transfer of Title, and in support thereof, avers the following: 1. On or about May 7, 2004, Defendants Elwood L. Weaver and Esther F. Weaver made, executed and delivered a mortgage to Plaintiff, in the principal sum of$70,762.00 for the property at 221 Southside Drive,Newville, PA 17241,which mortgage was recorded on May 13, 2004 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1865, Page 1875. 141777 2. Defendants defaulted on the mortgage payments, for the June 1, 2006 payment and each payment thereafter. 3. As a result of the default, Plaintiff filed a complaint in mortgage foreclosure on October 9, 2006. Pursuant to Pa.R.C.P 1019(g), the filings in the Forecelosure Action are incorporated herein, by reference and do not need to be attached in their entirety as they are a matter of public record. 4. Default judgment was entered against Defendants on April 9, 2007, and pursuant to a writ of execution, the property was sold at the September 5, 2007 Sheriff's sale to Plaintiff, for the costs of sale. 5. The Sheriff's Deed to Countrywide Home Loans, Inc. was recorded in the Office of the Recorder of Deeds of Cumberland County on September 25, 2007, under Instrument Number 200737168. A true and correct copy of the Sheriff's Deed is attached hereto made part hereof and marked as Exhibit"A." 6. By court order dated December 15, 2008, the dwelling at 227 Southside Drive, Newville, PA 17241 with a tax parcel I.D. number of 31-13-0112-044D, was decreed permanently affixed to the land and the property was equitably converted to real estate. The Order of Court was recorded in the Office of the Recorder of Deeds of Cumberland County on January 2, 2009, under Instrument Number 200900072. A true and correct copy of the order is attached hereto, made part hereof and marked as Exhibit`B." 7. Subsequently it was discovered that the home had vehicle title, and title to the mobile home remains in the name of the former owners, Roger L. Markley and Charlotte Markley. A true and correct copy of PennDOT's abstract of title is attached hereto, made part hereof and marked as Exhibit "C". 141777 8. Since the home has been equitably converted to real property pursuant to Court Order and Countrywide Home Loans, Inc. is the owner of the real property by Sheriff's Deed, the Plaintiff is in fact the owner of the mobile home and is entitled to title of the home. 9. Plaintiff requests a court order to transfer title as it is impossible to transfer ownership of the vehicle by use of the Certificate of Title or Vehicle Manufacturers Certificate of Origin. A true and correct copy of PennDOT's instruction sheet is attached hereto, made part hereof and marked as Exhibit "D". 10. It is Plaintiff's intention to cancel the vehicle title, pursuant to PennDOT's procedures since the home is not a vehicle but is permanently affixed to the land. 11. Plaintiff cannot transfer title to the property so long as vehicle title remains outstanding. 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge M. L. Ebert, Jr. entered a Order for Equitable Conversion dated December 15,2008 . 13. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Transfer Title and Order to the Defendant on April 8, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "E". 141777 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order on this motion, awarding ownership of the 1982 Skyline Mobile Home bearing vehicle identification number 20100417ABR to Countrywide Home Loans, Inc. and extinguishing the right, title and ownership of any person to said vehicle and directing the Commonwealth of Pennsylvania, Department of Transportation to accept this order as evidence of ownership in lieu of a Certificate of Title. A ALLINAN, LLP LlDate: B Lauren R. Tabas, Esquire; .D.No. 93337 Attorney for Plaintiff 141777 PHELAN HALLINAN, LLP Lauren R. Tabas,Esquire, I.D.No. 93337 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas 7105 Corporate Drive Plano, TX 75024 Civil Division Plaintiff VS. CUMBERLAND County Elwood L. Weaver No. 06-5899 Civil Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR TRANSFER OF TITLE I. FACTUAL BACKGROUND On or about May 7, 2004, Edward L. Weaver and Esther F. Weaver made, executed and delivered a mortgage to Plaintiff in the principal sum of$70,762.00 for the property at 227 Southside Drive, Newville, PA 17241. Defendants defaulted on the mortgage payments for the June 1, 2006 payment and each payment thereafter. As a result of the default, Plaintiff filed a complaint in mortgage foreclosure on October 9, 2006, and default judgment was entered on April 9, 2007. 141777 Pursuant to said judgment and writ of execution, Plaintiff sold the property at the September 5, 2007 Sheriff s Sale, and purchased the same for costs of sale. The Sheriff's Deed to Countrywide Home Loans, Inc. was recorded on September 25, 2007 under Instrument Number 200737168. Because the property is clearly attached via foundation to the land, it was clearly the intent of the parties that this home be made permanent at its site and that the mortgage cover such home as security interest for the loan. By court order dated December 15, 2008, the dwelling at 227 Southside Drive, Newville, PA 17241 with a tax parcel I.D. number of 31-13- 0112-044D, was decreed permanently affixed to the land and the property was equitably converted to real estate. The Order of Court was recorded in the Office of the Recorder of Deeds of Cumberland County January 2, 2009, under Instrument Number 200900072. Since the home has been equitably converted to real property pursuant to Court Order and Countrywide Home Loans, Inc. is the owner of the real property by Sheriffs Deed, the Plaintiff is in fact the owner of the mobile home and is entitled to title of the home. Plaintiff requests a court order to transfer title as it is impossible to transfer ownership of the vehicle by use of the Certificate of Title or Vehicle Manufacturers Certificate of Origin. It is Plaintiff s intention to then cancel the vehicle title, pursuant to the procedures of the Commonwealth of Pennsylvania, Department of Transportation (hereinafter "PennDOT") since the home is not a vehicle. Plaintiff has followed the instructions of PennDOT with respect to this motion. 141777 II. LEGAL ARGUMENT Clearly it was the intent of the mortgagors that the home be used as security for the loan made by Plaintiff and not raw land alone. It was certainly Plaintiff's intent that the mortgage cover the dwelling. By Court Order, the home has been equitably converted to real property and is no longer subject to separation from land. Pa.R.C.P. 3118 is designed to give the court"broad discretion to provide relief in aid of execution." National Recovery Systems v. Pinto 18 D. & C. 3d 684, 686 (Pa. Comp. Pl. 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person (1) enjoining the negotiation, transfer, assignment or other disposition of any security, document of title, pawn ticket, instrument, mortgage, or document representing any property interest of the defendant subject to execution; . . . (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; . . . (6) granting such other relief as may be deemed necessary and appropriate. PaR.C.P. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1)the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. 1. Ka-plan Inc, 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendants. Moreover, it is also clear that the mortgaged property at 227 Southside Drive, Newville, PA 17241, was the property of the Defendants and subject to attachment and execution. Therefore,the creditor is entitled to invoke Rule 3118 to aid in the execution of the property and the court has jurisdiction over this matter. 141777 In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), although the Commonwealth Court found the Common Pleas Court exceeded scope of Rule 3118 by making a determination of which creditor had priority to the debtor's lottery winnings, the court nonetheless refused to remand the case for a separate hearing. Id. at 612. In so finding the court stated "it would be judicially inefficient to remand this matter to the trial court when all of the necessary parties were able to participate in the matter before the Court of Common Pleas." Id. at 609. In support of its ruling, the Livin sg ton court cited Pa. R.C.P. 126, which provides that civil procedure "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." Pa. R.C.P. 126. In the present case, the Defendants at all times were aware of all proceedings and were able to fully participate. However, the Defendants have not contested any of the proceedings. Summary proceedings are appropriate where, as here, there are no issues of fact to be resolved. In Gulf Mortgage. and Realty Investments v. Alten, 422 A.2d 1090 Pa. Super. (1980). Plaintiff will suffer irreparable harm unless the requested relief is granted. This Court has plenary power to administer equity according to well-settled principals of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Since the home has been converted to real property pursuant to Court Order and Countrywide Home Loans, Inc. is the owner of the real property by Sheriff s Deed,the Plaintiff is in fact the owner of the home and entitled to title to the home. Plaintiff requires a Court Order to 141777 transfer title as it is impossible to transfer ownership of the mobile home by use of Certificate of Title or Manufacturers Certificate of Origin. As vehicle title remains outstanding Plaintiff cannot convey clear title. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order on this motion, awarding ownership of the 1982 Skyline Mobile Home bearing vehicle identification number 20100417ABR to the Plaintiff and extinguishing the right, title and ownership of any person to said vehicle and directing the Commonwealth of Pennsylvania, Department of Transportation to accept this order as evidence of ownership in lieu of a Certificate of Title. PHEL AN, LLP Date: L1 3113 By: ren!R.—TZ­as,l-�coe, I.D. No. 33-37 _r__Plaintiff . _._rr Attorney for Plaintiff 141777 1 1 � 77 Ta,:Parcel No.31-13-0112-0440 Control#31000882 Know all Men by these Presents That 1,R.Thomas Kline, Sheriff of the County of Cumberland,In the State of Pennsylvania, for and in consideration of the sum of$1.00,(One Dollar),to we in hared. paid,do hereby grant and convey to Countrywide Home Loanj,Inc. Real Estate Sale No. 16 Writ No.2006-6899 Civil Term] Countrywide Home Loans,lnr-' VS Elwood L.Weaver and Esther F.Weaver Atty. Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land situate in Penn Township, Cumbergand County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township (toad No. 349(also known as Farm Road), on the dividing line between Lots Nos.2&3 on the hereinafter mentioned Plan of Lots;thenctl by said dividing line,South 9 degrees I I minutes 50 seconds East 206.84 feet to an iron pin;thence by lands now�famterly of Tbatrtas E. Meats,South 68 degrees 26 minutes West 100 feet to an iron pin;thence by the dividing lin behveen Lot Nos. I and 2 on said Plan of Lots,North 7 degrees 30 minutes West 189.32 feet to a spike in the center o ownship Road No.349 aforesaid;Thence. by the center of said Road,North 57 degrees 50 minutes East 100 feet to the dace of BEGINNING. CONTAINING.372 acres,more or less. BEING Lot No. 2 of the Plan of Lots of Thomas t:. Meals, as recorded) in the Office of Recorder of Deeds for Cumberland County in Plan Book 23,page 112, TRACT NO.2 ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pit},the Southeastern corner of land now or formerly of Roger L.Markley,and on the dividing line between Lots Nos.3 and 4 on the hereinafter mentioned Plan of Lots;thbnce by said dividing line,South 9 degrees 1 I minutes 50 seconds East 58.65 feet to a point;thence by the same.Soul 85 degrees 25 minutes 51 seconds West 195.99 feet to an iron pin;thence by land of Dallas R. Wilson,North 68 deg 26 minutes East 100 feet to an iron pin, the Southwestern comer of said other land now or formerly of Roger L.Mar ley,North 68 degrees 26 minutes East 100 feet to the place of BEGINNING. CONTAINING.132 acre,more or less. BEING Lot No.4 on the Subdivision Plan of somas E.Meals,as recordedlin the Office of the Recorder of Deeds for Cumberland County in Plan Book 39;page 68. BEING THE SAME PREMISES which Roger L. Markley, single man, b his deed dated September 25, 2002, and recorded October I,2002, in the Office of the Recorder of Deeds for Cumberland County in Deed Book 253,page 4166,granted and conveyed to Elwood Weaver and Esther Weaver,husband md wife. VESTED BY:Warranty Deed,elated 9t25t2002;-given by Roger L,Markley single man to Elwood Weaver and Esther Weaver,husband and wife and recorded 10/1/2002 In Book 253 Page 41661r stiument#2002-039353. PREMISES BEING:227 SOUTHSIDE DRIVE,NEWVILLE,PA 17241 PARCEL NO.31-13-01 12-004D r 7 The same having been sold by me to the said grantee on the 5th day of September Anna Domini Two Thousand and Seven(2007)after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 19th day of April Arno Domini 2007 out of the Court of Common Pleas of Cumberland County, Pennsylvania,as Of Civil Term,Two Thousand and Six (2006)Number 5899 at the suit of Countrywide Koine Loans,Inc.against Elwood L.Weaver and Esther F.Weaver. l -7 7 - In Witness Wereof,I have hereunto affixed my signature this 17th day of September Anno Domini Two Thousand and Seven(2007) R.Thomas Kline,Sheriff Commonwealth of Pennsylvania,ss. County of Cumberland Before the undersigned,Renee Simpson, Deputy of the Court of Common Pleas of Cumberland County,Pennsylvania,personally appeared:R. Thomas Kline, Sheriff of Cumberland County aforesaid,and in due form of law,declared that the facts Set forth in the foregoing Deed are true,and that he acknowledged the same in order that Said deed might be recorded_ Witness my hand and seal of said Court,this 17tb,day of Shpt:, Anno Domini Two Thousand and Seven(2007) JIM A fly) P thonotar� N, . I hereby certify th a t the residence And Post Office address of the Within Crraglee is 7105 Corp rate Drive Llano,TX 75024 $z' i i Solicitor I f 77 RECORDER'S USE ONLY State Tax Paid REALTY TRANSFER TAX COMMONWEALTH OF UMSYLVANIA STATEMENT OF VALUE DtPARTMENT OF REVENUE pku r BUREAU OF INDIVIDUAL TAXES DEPT.28060.3 See Reverse for Instructions pate Recorded HARRISRURG.-PA 17128-M3 q- „t 6- C '7 Complete eacb section and file in duplieatc with Recorders omcetb when(1)the toll vaiaelcoasidcrado Ls rot act totth is the deed,(2}when the deed is without consideration,or by gift,or(S)a tax escusptlons it elaitoed.A statement orvatue is not requirid if the transfer k wholly exempt from tax bated on:(1)ismity relationship or IM public utility easement.If more apace Is needed,attach additional iby * A CORRESPONDENT-All in uhies mLiX be directedlto the fbUowi.n rson: Name Teltplione Number., Daniel G.SchfuiM Esquire Sttite 1400 Arta Code 215 563-7000 Street Andress City State Zip Code One Penn Center at Suburban Station, Philadelphia PA 19103 1617 JFK Blvd. 13 TRAMPER DATA Date of Atceptancc of Docvmcnt crarttnr(sjJlersox{s} Ora*tte(s}ri;.ea�ee{t} R.Thomas Kline Office of the sheriff COUNTRYWIDE SOME L ANS,INC. Street Address Street Address One Courthouse§gMare 7105 Corporate Drive City State Zip Code City Ststc Zip Code Carlisle PA 27013 Piano,TX 75024 C PROPERTY LOCATION Street Address City,Township,Borough 227 SouthsWe Wve,Newvill PA 17241 Penn Township, County School District < Tax Parcel uarber CUMBERLAND Penn Township 31-13-01112-0440 Control t13I000882 D VALUATION DATA 1.Actual Cash Comideration 2.Othcr Consideration 3.Total Consideration S2 441.32 + -0- S2,40.32 4.County Assessed Value S.Common Level titans Factor 6 Fair rket Value S? 220. 1 z I x2 S91,768.40 E 110TIOM'BATA Is.Amount of Exemption Claimed-- lb:Percentage of Interest Conveyed 100% MOM$ 2_ Cheek Appropriate Box Below for Exemption Claimed ❑ Win or intestate succession (Name of Decedent) (Estate File Number) ❑ Transfer to Industrial Development Agency. D Transfer to a Trust.(Attach complete copy of trust agreement identifying all beneficiaries.) ❑ Transfer between principal and agent.(Attach complete copy of ageacylstra.w party agraew4ut.) X Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number Q114,Page Number 3017. ❑ Transfers to the Cosameoweatth,the United States anal Instrumentalities by gift,dedication,Ondemnation or its lieu of condemnaffon. (If candemnation or in lieu of condemnation,attach copy of resolution.) ❑ Corrective or confirmatory deed.(Attach complete copy of the prior deed being corrected or✓confirmed.) ❑ Other(Please exp)nia exemption elalmed,if other than listed above. Under Penalties of law,1 declare that I have examined this Statement,including accompanying 14armation,and to the best of my kaawlal a and beffefi it is correct and corn fete Sigas/are oft orrespondentorRespomibie Party DANIEL G.SCHMIEG.ESQUIRE DCl J FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUME ETA ON MAY RESULT IN THE RECORDER"S REFUSA L TO RECORD THE HEED. ROBERT P.ZIEGLER RECORDER OF DEEDS 1 CUMBERLAND COUNTY - 1 COURTHOUSE SQUARE CARLISLE,PA 17013 "1 717-240-6370 _ � 7 Instrument Number-200737168 Recorded On 9/25/2007 At 12:50.58 PM *Total Pages-5 •Instrument Type-DEED-SHERIFF'S Invoice Number-5256 User ID-RAK •Grantor-WEAVER,ELWOOD L •Grantee-COUNTRYWIDE ROME LOANS INC •Customer-CUMB CO SHERIFF *FEES STATE WRIT TAR $0.50 (Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $12.50 RECORDER OF DEEDS AFFORDABLE HOUSIVG $1I.50 T is a is now part COUNMY ARCHIVES FEE $2.40 of his legal document. ROD ARCHIVES EM $3.00 TOTAL PAID $39.50 I Certify this Ito be recorded in Cumberla4d County PA RECORDER O D DS neo '-Information denoted by a' asterisk may change during the verification Process ac d may not be retIected on this page. 1111111000,91.2 :5 f.z t .. .., F `.�k �' r y; '� ROBERT P. ZIEGLER RECORDER OF DEEDS •diC CUMBERLAND COUNTY =----` " 1 COURTHOUSE SQUARE CARLISLE., PA 17013 717-240-5370 instrument Number-200900072 Recorded On 112/2009 At 11,01.21 AM *Total Pages-3 *Instrument Type.-ORDER invoice.NTumber-34685 Esser 1D-KW *Grantor-COUNTRyWIDE 140ME LOANS InC x Grantee-WEAVER,ELWOOD L *Customer- f HELAN HALLih°►ir& SCH!t'UCA LLP * FEES STATE WRIT TAX $0.50 Certification Page WRIT RECORDING FEES — $11.50 RECORDER OF DEEDS DO NOT DETACH. PARCEL CERTIFICATION $10.00 FEES This page is now part COUNTY ARCHIVES FEE $2.00 of this legal document.. ROD ARCHIVES FEE $3.00 TOTAL PAID $27.00 I Certify this to be recorded in Cumberland County PA 4� Gtl� jo`� ,` a RMORDERO D EDS it Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOOUGT 04/17,12012 12:47:143?",^ ^UMBERLAND COUNTY lnstl200900072-Page 3 of 3 Q001JOT IN TIIE COt1RT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Countrywide Horne Loans, im. Colin(if Common flews 7105 Corporate Drive Plano, TX 75024 Civil Division Plaintiff VS. No. 06-5894 Civil Elwood.L. Weaver Hsther R Weaver 227 Southside Drive Newville, PA 17241 Defendants ORDER AND NOW, this /94 -day off�C �'�+ J�._ . 2008, upon consideration of Plaintiffs Motion to 1lake Rule Absolute, it is hereby ORDERED and DECREED that the dwelling at 227 Southside Drive, Newville,PA 172=11, Penn Towriship with a tax parcel I.D. nurnbc r of 31-13-0112-044D,is equitably converted to real estate t)y way of this motion,and not subject to svparabon from land, and the Sheriti's Sale o:the aforementioned property of September 5,2007 is confirmed, nunc pro tune, and it is f?i2C1"l. 12:47:03 PrA CUMBERLAND COUNTY !nst.9 200W0012-Pal^ 1 of 3 ORDF,RFD and DECREED that the Cumberland County Recorder of Deeds is hereby directed to accept a certified copy of this Order for recording. BY ME COURT: Elwood L. Weaver Douglas R. Roeder,Esquire F,sther F. Weaver Elder Law Clinic 22' Southside Drive 45 North Pitt Street Ncww ille,M 17241 Carlisle, PA 17013 jenine R.Davey,Esquire Otte Pezzn C'.enter,Suite 1400 1617 Johri F.Kennedy Boulevard Philadelphia,l'A 19103-1814 NIL- 0 ix '�, x A�"•�r 04!17;2012 12:47:03 MVI CUMBERLAND COUNTY 1nsl.R 200900072-Page 2 of 3 r .� _,� ry�� ,�, , �. �� fi # :. i� #,. �� R`", PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 2/13/13 14:24 PAGE 1 039036 130440273000170 002 OWNER ROGER L & CHARLOTTE LESSEE NONE MARKLEY R D 1 BOX 220B NEWVILLE PA 17241 TITLE NUMBER 34793196 TAG NUMBER TITLE DATE 11/20/82 VIN 20100417ABR REGISTRATION EXPIRY DATE: BODY TYPE MH MAKE SKYLINE ODOMETER READING MODEL *EXEMPT BY FED LAW RENEWAL WID DUPLICATE TITLE COUNT 1 PREVIOUS TAG VEHICLE YEAR 1982 LIENS NO STOLEN DATE STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: INFORMATION: (8:00 AM TO 5:00 PM) DEPARTMENT OF TRANSPORTATION IN STATE 1-800-932-4600 VEHICLE RECORD SERVICES OUT-OF-STATE 717-412-5300 PO BOX 68691 TDD IN STATE 1-800-228-0676 HARRISBURG, PA 17106-8691 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US �n �� ��� ��� �� u'k xis �,hr � 't 5 � � - '�-s..,j:,s. FACT SHEET ;E40 Involuntary Transfer of Ownership of a Vehicle by Court Order PURPOSE This Fact Sheet outlines the procedures that must be followed when applying for a Certificate of Title involving the involuntary transfer of a vehicle's ownership. This procedure involves obtaining a court order and should be used only in those circumstances where it is impossible to transfer ownership of a vehicle by the use of a Certificate of Title or Vehicle Manufacturer's Certificate of Origin. Since every set of facts and surrounding circumstances will be unique, a person attempting to be declared owner of a vehicle where proper ownership documents are not available should seek the advice of a private attorney. THE DEPARTMENT WILL NOT OFFER LEGAL ADVICE REGARDING THE INVOLUNTARY TRANSFER OF OWNERSHIP OF A VEHICLE. PROCEDURES 1. A person attempting to obtain ownership of a vehicle must commence a proceeding with a court of competent jurisdiction setting forth the facts and circumstances of the case. The ownership of the vehicle will be determined by the court. Please note that a sample court order is provided on the reverse side of this fact sheet. UNLESS THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IS THE OWNER OF THE VEHICLE IN QUESTION, THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IS NOT AN INTERESTED PARTY TO THIS COURT PROCEEDING.THEREFORE, THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION SHOULD NOT BE A NAMED PARTY IN THE PROCEEDING. 2. A person attempting to be declared owner of a vehicle by court order must notify all persons with an interest in the vehicle of the pendency of the court proceeding. The notification must be sent by certified" mail, return receipt requested, and must include the following: (1) A specific description of the vehicle (Le., year, make, model and VIN); (2) The court of competent jurisdiction where an action will be or has been filed; and (3) The time, date and place of any court proceeding. AT A MINIMUM, THE NOTICE MUST BE SENT TO THE PERSON(S) TO WHOM THE VEHICLE IS PRESENTLY TITLED AND REGISTERED AND EVERY LIENHOLDER THAT IS LISTED ON THE TITLE RECORD. PLEASE NOTE THAT IF A PERSON ATTEMPTING TO BE DECLARED OWNER OF A VEHICLE IS UNAWARE OF ANY PERSON WITH AN INTEREST IN THE VEHICLE, THE PERSON ATTEMPTING TO OBTAIN OWNERSHIP OF THE VEHICLE MAY OBTAIN A CERTIFIED COPY OF THE VEHICLE'S COMPUTER RECORD BY COMPLETING FORM DL-135 (REQUEST FOR VEHICLE INFORMATION), AND SUBMITTING FORM DL-135 TO THE DEPARTMENT ALONG WITH THE APPROPRIATE FEES. October 2006 -over- Bureau of Motor Vehicles - Research and Support Operations Section P.O. Box 68031, Harrisburg, PA 17106-8031 Visit us at www.dmv.state.pa.us 3. In the event the notice sent to a person with an interest in the vehicle is returned as "Unclaimed," the person attempting to be declared owner of the vehicle must advertise a legal notice at least once in the county legal journal(s) and at least once per week for three consecutive weeks in the newspaper(s) of general circulation where any person known to claim an interest in the vehicle may be located and where the vehicle is located, if these two locations are different. Please refer to the Pennsylvania BarAssociation Lawyers Directory&Product Guide to determine the appropriate legal journal. The advertisement should include the following: (1) A specific description of the vehicle (i.e., year, make, model and VIN); (2) The court of competent jurisdiction where an action will be or has been filed; and (3) The time, date and place of any court proceeding. 4. When the above procedure is followed and the court of competent jurisdiction enters an order declaring an individual the rightful owner of the vehicle, the Department may issue a Certificate of Title to the person named in the court order upon receipt of the following: (1) A certified copy of the court order entered declaring the individual owner of the vehicle; (2) Form MV-1, "Application for Certificate of Title," and check or money order payable to the Commonwealth of Pennsylvania. (3) Appropriate sales tax, title and registration fees. Unless the petitioner is eligible to claim a Sales Tax Exemption, sales tax must be paid on the Fair Market Value of the vehicle as listed in a current edition of a Department-approved publication. Approved Department publications include the following: N.A.D.A., The Automobile Red Book, The Black Book Official Used Car Guide, American Used Car Guide, and The Kelley Blue Book Used Car Guide. SAMPLE COURT ORDE AND NOW, this day of 20 after reasonable notice and an opportunity for hearing having been pr o terested parties, the Court hereby awards ownership of one [year], [make] el], bearing vehicle identification number to [name of applicant], and the right, title and interest of any other person to a is hereby extinguished. The Commonwealth of Pennsylvania, Department of n may accept this order as evidence of ownership in lieu of a Certificate of Title. Th i er shall submit the appropriate forms, taxes and fees and comply with any other proce s of the Commonwealth of Pennsylvania, Department of Transportation in order to receive the appropriate Certificate of Title for said vehicle. BY THE COURT: Judge 3 �*s' PHE LAN HALLINAN, UP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-4491 Email:lauren.tabasC Ip lelatihallinan.com Lauren R. Tabas,Esquire Representing Lenders in Pennsylvania& New Jersey April 8, 2013 Elwood L, Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 RE: Countrywide Home Loans, Inc. vs. Elwood L. Weaver and Esther F. Weaver Cumberland County CCP, No, 06-5899 CIVIL, Dear Mr. & Ms. Weaver: Enclosed please find a true and correct copy of my proposed Plaintiffs Motion to Transfer Title and Order. In accordance with Cumberland. County Local Rule 288.3(9), 1 am seeking your concurrence with the requested relief to transfer title of the 1982 Skyline Mobile Home bearing vehicle identification number 20100417ABR, to Countrywide Home Loans, Inc. Please respond to me within 7 days,by April 15, 2013. �1wirld you have further questions or concerns, please do not hesitate to contact me. t Alivu\\is�% please be guided accordingly. VerN truly yours, For Phelan Hallinan, L.,LP Enclosure 141777 z Name and PHELAN HALLINAN.LLP t Address One Penn Center at Suburban Station Suite 1400 Of Sender Philadelphia,PA 19103-1814 W Line Article Number 00 0 Name of Addressee, Street, and Post Office Address Postage co W N Roger L. Markley ? N o 1 Charlotte Markley A I O wl � - i RD 1 BOX 220B 0 i 0) Newville, PA 17241 o 2 Elwood L. Weaver .} Esther F. Weaver :Y a. 0 IV O p 3 227 Southside Drive .f i Newville, PA 17241 3 Roger L. Markley Charlotte Markley 20 Maizefield Drive Shippensburg, PA 17257 . 4 I c ft 5 rA 6 t 7 8 9 10 = 11 1 12 13 Total Number of Total Number of Pieces Postmaster,Per(Name Of Receiving The full declaration of value is required on all domestic and international registered mail.The maximum indemnity payable for 'P Pieces Listed By Sender Received at Post Office Employee) the reconstruction of nonnegotiable documents under Express Mail document reconstruction insuratce is$50,000.00 per piece subject to a limit of$500,000 per occurrence.The maximum indemnity payable on Express Mail merchandise insurance is $500.The maximum indemnity payable is$25,000 for registered mail,sent with optional insurance.See Domestic Mail Manual R900,S913 and 5921 for limitations of coverage. f myh/141777 ti PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia,PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas 7105 Corporate Drive Plano, TX 75024 Civil Division Plaintiff vs. CUMBERLAND County Elwood L. Weaver No. 06-5899 Civil Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify true and correct copies of the foregoing Plaintiffs Motion to Transfer Vehicle Title, Brief in Support thereof, were served by regular and certified mail on Defendants and interested parties on the date listed below. Elwood L. Weaver Roger L. Markley Esther F. Weaver Charlotte Markley 227 Southside Drive R D 1 Box 220B Newville, PA 17241 Newville, PA 17241 Roger L. Markley Charlotte Markley 20 Maizefield Drive Shippensburg, PA 17257 A HALLINAN, LLP Date: Lauren R. Tabas, Es ire, I. . No. 93337 Attorney for Plaintiff 141777 COUNTRYWIDE HOME LOANS, INC. : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA rnco pi ELWOOD L. WEAVER • Ns— c ESTHER F. WEAVER • y' 227 SOUTHSIDE DRIVE • < y„ . , NEWVILLE, PA 17241 • P.c., MC DEFENDANTS : NO. 06-5899 CIVIL M.! Tr ORDER OF COURT -< AND NOW, this 30th day of April, 2013, upon consideration of the Plaintiff's Motion for Transfer of Title, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before May 21, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, A M. L. Ebert, Jr., J. Xe‘tssa, 1-\owes Lauren R. Tabas, Esquire Attorney for Plaintiff cswovFL. eaver Defendants Weav Wer bas /v -Roee.hoijo4k if\as.14.kt3 FILED-OMCE Gr THE PROTHONOTARY 2013 MAC' 30 AM f0: 30 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Lauren R. Tabas,Esquire, I.D.No.93337 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas 7105 Corporate Drive Plano, TX 75024 Civil Division Plaintiff vs. CUMBERLAND County Elwood L. Weaver No. 06-5899 Civil Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants MOTION TO MAKE RULE ABSOLUTE Countrywide Home Loans, Inc. hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action,and in support thereof avers as follows: 1. On or about April 23, 2013, Plaintiff filed a Motion for Transfer of Title. 2. On April 30, 2013, the Court entered a Rule upon the Defendants to show cause, if any to why the relief requested in the Motion for Transfer of Title should not be granted, on or before May 21, 2013. A true and correct copy of the Rule is attached hereto, made part hereof and marked as Exhibit"A". 3. A copy of the Rule was sent to the Defendants on May 3, 2013. A true and correct copy of the Certification of Service is attached hereto, made part hereof and marked as Exhibit 4. Defendants failed to respond or otherwise plead on or before May 21, 2013. WHEREFORE, Plaintiff prays that this Honorable Court make the Rule to Show Cause Absolute and grant Plaintiff's Motion for Transfer of Title. HALLINAN, LLP Date: bjAN . Tabas, Esquire Attorney for Plaintiff EXHIBIT A COUNTRYWIDE HOME LOANS, INC. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. c pC r ELWOOD L.WEAVER ESTHER F. WEAVER ;, , 227 SOUTHSIDE DRIVE 't,Y NEWVILLE, PA 17241 ; DEFENDANTS NO. 06-5899 CIVILNar j ORDER OF COURT AND NOW, this 301h day of April, 2013, upon consideration of the Plaintiff's Motion for Transfer of Title, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to'show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before May 21, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, E. e M. L. Ebert, Jr., J. Lauren R. Tabas, Esquire Attorney for Plaintiff Elwood L. Weaver Esther F. Weaver Defendants bas 4 EXHIBIT B PHELAN HALLINAN, LLP Lauren R. Tabas,Esquire, I.D.No. 93337 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia,PA 19103-1814 ,(2l 5)„563-7000 _ . ......_........_....._.. _....................................... ...................... Countrywide Home Loans, Inc. Court of Common Pleas 7105 Corporate Drive Plano, TX 75024 Civil Division Plaintiff VS. CUMBERLAND County Elwood L. Weaver No. 06-5899 Civil Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify true and correct copies of the Rule to Show Cause for Plaintiffs Motion to Transfer Vehicle Title, were served by mail on Defendants and interested parties on the date listed below. Elwood L. Weaver Roger L. Markley Esther F. Weaver Charlotte Markley 227 Southside Drive R D 1 Box 220B Newville, PA 17241 Newville,PA 17241 Roger L. Markley Charlotte Markley 20 Maizefield Drive Shippensburg, PA 17257 i I LP 3 ............ JflP 6 1�. Tabas,T-,,.clt.jirc, I.D. Nr 93337 Attorney for Plaintiff 141777 PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire,I.D. No.93337 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas 7105 Corporate Drive Plano, TX 75024 Civil Division Plaintiff VS. CUMBERLAND County Elwood L. Weaver No. 06-5899 Civil Esther F. Weaver 227 Southside Drive, Newville, PA 17241 Defendants CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on all interested parties on the date listed below: Elwood L. Weaver Roger L. Markley Esther F. Weaver Charlotte Markley 227 Southside Drive R D 1 Box 220B Newville, PA 17241 Newville, PA 17241 Roger L. Markley Charlotte Markley 20 Maizefield Drive Shippensburg, PA 17257 *auren HALLIN AN, LLP Date: 4 aba s, Esquire Attorney for Plaintiff F11L.ED-OFF(CE THE PROTH0,140 GARY 2913 JUN -3 AM 10: 46 CUMBERLAND COU?4Ty PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Countrywide Home Loans, Inc. Court of Common Pleas 7105 Corporate Drive Plano, TX 75024 Civil Division Plaintiff VS. No. 06-5899 Civil Elwood L. Weaver Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants ORDER 2013 i Ca day of �vn e- u on consideration of AND NOW,th s 3 y p Plaintiff's Motion to Make Rule Absolute, it is hereby; ORDERED and DECREED that ownership of the 1982 Skyline Mobile Home bearing vehicle identification number 20100417ABR is awarded to Countrywide Home Loans, Inc. and the right, title and interest of any other person to said vehicle is hereby extinguished; and The Commonwealth of Pennsylvania, Department of Transportation may accept this order as evidence of ownership in lieu of a Certificate of Title. The Petitioner shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Commonwealth of Pennsylvania, Department of Transportation in order to receive the Certificate of Title for said vehicle, and it is ORDERED and DECREED that the Cumberland County Recorder of Deeds is hereby directed to accept a certified copy of this Order for recording. BY THE COURT: cc: wren R. Tabas, Esquire PHELAN HALLINAN, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 P: (215) 563-7000 F: (215) 563-4491 Email: Lauren tabasgphelanhallinan.com .---/Elwood L. Weaver /Roger L. Markley Esther F. Weaver Charlotte Markley 227 Southside Drive R D 1 Box 220B Newville, PA 17241 Newville, PA 17241 .e"'Rooger L. Markley Charlotte Markley 20 Maizefield Drive Shippensburg, PA 17257