Loading...
HomeMy WebLinkAbout07-0116PHELAN 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 146375 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NCI 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. DAVID A. WITTLE WENDY A. LORENZ 250 REESER ROAD CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01 - /I(p 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 1J: 146375 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 #: 146375 IV Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC 1 3476 STATEVIEW BLVD FORT MILL, SC 29715 The name(s) and last known address(es) of the Defendant(s) are: DAVID A. WITTLE WENDY A. LORENZ 250 REESER ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/03/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1940, Page: 2048. 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 07/01/2006 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 #: 146375 6. The following amounts are due on the mortgage: Principal Balance $327 434 16 Interest , . 06/01/2006 through 01/04/2007 17,123.90 (Per Diem $78.55) Attorney's Fees Cumulative Late Charges 1,250.00 02/03/2006 to 01/04/2007 517.84 Cost of Suit and Title Search Subtotal 550.00 $ 346,875.90 Escrow Credit Deficit 0.00 Subtotal 0.00 0.00 TOTAL $ 346,875.90 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. 3. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 346,875.90, together with interest from 01/04/2007 at the rate of $78.55 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 LLINAN & SCHMIEG L .? By. /s /Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 146375 LEGAL DESCRIPTION ALL that certain lot of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows; BEGINNING at a point on the western line of Reesers Road (50 feet wide), two hundred (200) feet south of Sunset Way; thence in a westerly direction along the southerly line of Lot No. 2, Block E, on the hereinafter mentioned Plan of Lots, one hundred sixty-two and fifteen one-hundredths (162.15) feet to a point in the center of a private road; thence along the center of said private road, south 05 degrees 15 minutes west, two hundred fifty-three and five-tenths (253.5) feet, more or less, to line of lands now or late of Robert W. Fish and A. Catherine Fish, his wife; thence along the latter line north 72 degrees 02 minutes east two hundred sixty-six (266) feet, more or less, to the easterly line of Reesers Road; thence along the latter line in a northerly direction, by its various courses and distances one hundred eighty-five (185) feet, to the place of BEGINNING. BEING Lot No. 3 and the greater portion of Lot No. 4, Block E, on the Plan of Lots of St. John's Place, said plan being recorded in Plan Book 5, Page 36, Cumberland County Records. HAVING thereon erected a two story brick dwelling house with attached garage (previously referred to as a one story in prior deed), numbered 250 Reeser Road. PROPERTY BEING: 250 REESER ROAD File #: 146375 •' s 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. '?? / )-a-? FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: I _ I O? N 0 co Q N Pn F A? CZ5 rn "?7J -G 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-116 V. DAVID A. WITTLE WENDY A. LORENZ Defendant(s). 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 DAVID A. WITTLE and WENDY A. LORENZ, 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 $346,875.90 Interest from 02/05/07 to 02/15/07 $3,299.10 TOTAL $350,175.00 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. L ? La DANIEL G. SCHMIEG, ESQUIRE Gr Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: )?zL l ioo7 PR PROTHY 146375 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 U.S. BANK NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN : CIVIL DIVISION TRUST, 2006-NC I Plaintiff Vs. DAVID A. WITTLE WENDY A. LORENZ Defendants TO: DAVID A. WITTLE 250 REESER ROAD CAMP HILL, PA 17011 DATE OF NOTICE: FEBRUARY 1. 2007 : CUMBERLAND COUNTY : NO. 07-116-CIVIL TERM FILE CP1,PY 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 F NCIS S. HALL AN, 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 U.S. BANK NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN : CIVIL DIVISION TRUST, 2006-NCI Plaintiff Vs. DAVID A. WITTLE WENDY A. LORENZ Defendants TO: WENDY A. LORENZ 250 REESER ROAD CAMP HILL, PA 17011 DATE OF NOTICE: FEBRUARY 1. 2007 : CUMBERLAND COUNTY :NO. 07-116-CIVIL TERM FILE N'fy 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 F NCIS S. HALLINA ESQUIRE Attorneys for Plaintiff 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 3476 STATEVIEW BLVD Plaintiff, V. DAVID A. WITTLE WENDY A. LORENZ Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-116 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 DAVID A. WITTLE is over 18 years of age and resides at, 250 RESSER ROAD, CAMP HILL, PA 17011. (c) that defendant WENDY A. LORENZ is over 18 years of age, and resides at, 250 RESSER ROAD, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. `?u Prg -nMAJ) G. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff z a? n 71 1 d G a C? c._ iv rT? N N Q' D rn 4 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET CUMBERLAND COUNTY SECURITIES CORPORATION MORTGAGE COURT OF COMMON PLEAS LOAN TRUST, 2006-NCI 3476 STATEVIEW BLVD CIVIL DIVISION Plaintiff, NO. 07-116 V. DAVID A. WITTLE WENDY A. LORENZ Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 1EL 22, 2001. By: If you have any questions concerning this matter, please contact: n ` C?X1,L.p. -, Cxz DANIEL G. SCHMIEG, ESQUIRV 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." CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE No. 07-116 LOAN TRUST, 2006-NCI Plaintiff, V. DAVID A. WITTLE WENDY A. LORENZ Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $350,175.00 Interest from 02/15/07 to JUNE 13, 2007 (per diem -$57.56) TOTAL $6,792.08 and Costs $359,138.58 DANIEL G. SCHMIEG, ESQU 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. 146375 O~ pz v ?z wz ?C a+ O HW w ri off X-0 <aHNo c; H? OO Z as Aq 3 ? HA o?o?, 5z a w U 0-4? ?prr OF,? ? . e 7 L ro C ; L"- C%J - r l 1 ?. y ` v LLJ Q © / I N J?Z f6 r v w n r as as ?x as a? 00 ? aa; N N N b V V ? y v v n,V I I v M ?1 DESCRIPTION ALL that certain lot of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows; BEGINNING at a point on the western line of Reesers Road (50 feet wide), two hundred (200) feet south of Sunset Way; thence in a westerly direction along the southerly line of Lot No. 2, Block E, on the hereinafter mentioned Plan of Lots, one hundred sixty-two and fifteen one-hundredths (162.15) feet to a point in the center of a private road; thence along the center of said private road, south 05 degrees 15 minutes west, two hundred fifty-three and five-tenths (253.5) feet, more or less, to line of lands now or late of Robert W. Fish and A. Catherine Fish, his wife; thence along the latter line north 72 degrees 02 minutes east two hundred sixty-six (266) feet, more or less, to the easterly line of Reesers Road; thence along the latter line in a northerly direction, by its various courses and distances one hundred eighty-five (185) feet, to the place of BEGINNING. BEING Lot No. 3 and the greater portion of Lot No. 4, Block E, on the Plan of Lots of St. John's Place, said plan being recorded in Plan Book 5, Page 36, Cumberland County Records. HAVING thereon erected a two-story brick dwelling house with attached garage (previously referred to as a one story in prior deed), numbered 250 Reeser Road. Parcel Identification Number 10-20-1846-095. BEING the same premises which Kerry N. Hitt and Jeanne L. Vannuys-Hitt, husband and wife, by Deed dated May 12, 2004 and recorded May 14, 2004 in Cumberland County in Deed Book Volume 262 at Page 4847, granted and conveyed unto Kerry N. Hitt and Jeanne L. Vannuys-Hitt, husband and wife. ALSO BEING the same premises which Helen J. Dmochowski, by Cheryl M. Dmochowski-Zeigler, her Attorney-in-Fact, by Deed dated February 25, 1994 and recorded March 2, 1994 in Cumberland County in Deed Book Volume 102 at Page 202, granted and conveyed unto Kerry N. Hitt. PARCEL IDENTIFICATION NO: 10-20-1846-095 Premises: 250 Reeser Road, Camp Hill, PA 17011 Hampden Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN David Wittle, a single man and Wendy A. Lorenz, a single woman, as joint tenants with right of survivorship, by Deed from Kerry N. Hitt and Jeanne L. Vannuy Hitt, husband and wife, dated 02/03/2006, recorded 02/14/2006, in Deed Book 273, page 852. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-116 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1, Plaintiff (s) From DAVID A. WITTLE AND WENDY A. LORENZ (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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 $350,175.00 L.L. $.50 Interest FROM 2/15/07 TO 6/13/07 (PER DIEM - $57.56) - $6,792.08 AND COSTS Atty's Comm % Atty Paid $189.12 Plaintiff Paid Date: MARCH 2, 2007 (Seal) Due Prothy $1.00 Other Costs 9 ,wm - -&.tr4? Curti R. Long, P notary By: 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 Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 Plaintiff, V. DAVID A. WITTLE WENDY A. LORENZ Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-116 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: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) 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. J ('10 ' DANIEL G. SCHMIEG, ESQUIRJ? Attorney for Plaintiff C cz fV f ? -` f (eJ U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 v. Plaintiff, DAVID A. WITTLE WENDY A. LORENZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-116 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST 2006-NC1, 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 ,250 RESSER ROAD CAMP HILL PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name DAVID A. WITTLE WENDY A. LORENZ Last Known Address (if address cannot be reasonably ascertained, please indicate) 250 RESSER ROAD CAMP HILL, PA 17011 250 RESSER ROAD CAMP HILL, PA 17011 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 JAMES F. BASSETT COY KLINGER, ERIC BARNER Last Known Address (if address cannot be reasonably ascertained, please indicate) 960 EPPLEY ROAD, MECHANICSBURG, PA 17055 5716 KENWOOD AVENUE, HARRISBURG, PA 17112 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) KERRY N. HITT AND JEANNE L. VANNUYS-HITT 4951 IRENE DR. HARRISBURG, PA 17112 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 250 RESSER ROAD CAMP HILL, PA 17011 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. February 15 2007 CJ J ?? DATE DANIEL G. SCHMIEG, ESQUIRI Attorney for Plaintiff C? c .'> p '.. ; G a - a U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 Plaintiff, V. DAVID A. WITTLE WENDY A. LORENZ Defendant(s). CUMBERLAND COUNTY • No. 07-116 February 15, 2007 TO: DAVID A. WITTLE 250 RESSER ROAD CAMP HILL, PA 17011 WENDY A. LORENZ 250 RESSER ROAD CAMP HILL, PA 17011 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED 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 ONL Y ENFORCEMENT OF ,4 LIEN AGAINST PROPERTY. * * Your house (real estate) at,-250 RESSER ROAD CAMP HILL PA 17011 is scheduled to be sold at the Sheriffs Sale on .TUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse S Hanover Street, Carlisle, PA 17013, to enforce the court 'ud outh gment -ru?f $350,175.00 obtained by U.S. BANK NATIONAL ASSOCIATION AS TRUSTER. FnA QT. t-11r Tnrmrr,.•. ---_ - -?_-_..nvr. ?•vAiv ixUST 2006-NCl (the m- o- rt g )against you. 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 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, charges, costs and reasonable attorneys fees due. To find out how much ou must late te you may call: (215) 563-7000 ' y , 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the j judgment, if the judgment was improperly entered. You may also postpone the sale for good cause. ask the Court to 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.) 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 X215) 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 m91_not be sold in the absence of a r- presentative of the plaintiff at the Sheriff's Sale. The sale must b 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 DESCRIPTION ALL that certain lot of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows; BEGINNING at a point on the western line of Reesers Road (50 feet wide), two hundred (200) feet south of Sunset Way; thence in a westerly direction along the southerly line of Lot No. 2, Block E, on the hereinafter mentioned Plan of Lots, one hundred sixty-two and fifteen one-hundredths (162.15) feet to a point in the center of a private road; thence along the center of said private road, south 05 degrees 15 minutes west, two hundred fifty-three and five-tenths (253.5) feet, more or less, to line of lands now or late of Robert W. Fish and A. Catherine Fish, his wife; thence along the latter line north 72 degrees 02 minutes east two hundred sixty-six (266) feet, more or less, to the easterly line of Reesers Road; thence along the latter line in a northerly direction, by its various courses and distances one hundred eighty-five (185) feet, to the place of BEGINNING. BEING Lot No. 3 and the greater portion of Lot No. 4, Block E, on the Plan of Lots of St. John's Place, said plan being recorded in Plan Book 5, Page 36, Cumberland County Records. HAVING thereon erected a two-story brick dwelling house with attached garage (previously referred to as a one story in prior deed), numbered 250 Reeser Road. Parcel Identification Number 10-20-1846-095. BEING the same premises which Kerry N. Hitt and Jeanne L. Vannuys-Hitt, husband and wife, by Deed dated May 12, 2004 and recorded May 14, 2004 in Cumberland County in Deed Book Volume 262 at Page 4847, granted and conveyed unto Kerry N. Hitt and Jeanne L. Vannuys-Hitt, husband and wife. ALSO BEING the same premises which Helen J. Dmochowski, by Cheryl M. Dmochowski-Zeigler, her Attorney-in-Fact, by Deed dated February 25, 1994 and recorded March 2, 1994 in Cumberland County in Deed Book Volume 102 at Page 202, granted and conveyed unto Kerry N. Hitt. PARCEL IDENTIFICATION NO: 10-20-1846-095 Premises: 250 Reeser Road, Camp Hill, PA 17011 Hampden Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN David Wittle, a single man and Wendy A. Lorenz, a single woman, as joint tenants with right of survivorship, by Deed from Kerry N. Hitt and Jeanne L. Vannuy Hitt, husband and wife, dated 02/03/2006, recorded 02/14/2006, in Deed Book 273, page 852. " c? ^' r .._, ^'t i=;_ _ _ _ ?:? f?i _- -..ac " i . ?. r `_} . `'t =' --{ ,? ? "C SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00116 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS WITTLE DAVID A 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 WITTLE DAVID A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , WITTLE DAVID A NOT FOUND , as to 449 WOODCREST DRIVE MECHANICSBURG, PA 17050 DEFENDANT DOES NOT LIVE AT 449 WOODCREST DRIVE. Sheriff's Costs: So answer Docketing 6.00 Service 8.80 Not Found 5.00 R. Thom Kline Surcharge 10.00 Sheriff of Cu erland County .00 / 29.80PHELAN HALLINAN SCHMIEG I,?q•?? 01/11/2007 00 Sworn and Subscribed to before me this day of , A. D. r • + SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00116 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS WITTLE DAVID A 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 LORENZ WENDY A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , LORENZ WENDY A NOT FOUND , as to 11 449 WOODCREST DRIVE MECHANICSBURG, PA 17050 DEFENDANT DOES NOT LIVE AT 449 WOODCREST DRIVE Sheriff's Costs: So answer -.---1 Docketing Service 6.00 00 - Not Found 5.00 R. Thom s Kline Surcharge 10.00 Sheriff of Cu e rland County .00 / 21.00 ? PHELAN HALLINAN SCHMIEG q,DI 01/11/2007 I,a Sworn and Subscribed to before me this day of , A. D. t , 14 CASE NO: 2007-00116 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS WITTLE DAVID A ET AL JESSICA HERMANSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WITTLE DAVID A the DEFENDANT , at 1906:00 HOURS, on the 10th day of January-, 2007 at 250 REESER ROAD CAMP HILL, PA 17011 DAVID A WITTLE by handing to 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 Affidavit Surcharge Sworn and Subscibed to before me this day of , 18.00 12.32 .00 10.00 .00 40.32v J,X 00 So Answers': R. Thomas Kline 01/11/2007 PHELAN HALLINAN SCHMIEG By. r Dep t Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00116 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS WITTLE DAVID A ET AL JESSICA HERMANSEN , 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 nD VTT7 WV'KTTIV A the DEFENDANT , at 1906:00 HOURS, on the 10th day of January-, 2007 at 250 REESER ROAD CAMP HILL, PA 17011 by handing to DAVID A WITTLE, BOYFIRIEND ADULT IN CHARGE 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 6.00 01 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 01/11/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to 0 By: before me this day _ De u y Sheriff of A.D. APFMAVIT OF S1r,RVICR PLAWITFF M& BANK NAMNAL ASSOCIATION, AS TRUSM FOR THE SMUC!'URED A899T SBCURr S C0Rp0gA-n0N MOATGAGI; LOAM TItLOS1•, 2006-NCI DEFENDANT(S) DAVID A. wrrru WENDY A. LORENZ SXA E DAVED A WIrfl E AT 7M REMII ROAD) CAMP HULL, PA 17011 CUMBERLAND COUNIy No. 07116 ACCT. f 1700182203 Type ofActiua pKS# 1yO3lS - Notice of Sherif s" SSJ6 Date: JUNE 13, 2007 SERVED Served and made tmowu to C& u d j.'-Is ) e Def dant on the 2 fr -.__ day of .17 at ? c' ru.? 200,5 o'clock em., at ZI(M e eS e r Commonwea lffi of Pea VIWa, in the manner described below. ,Deftlait personally served. Adult lbmitl' n M*W W1& wham Dehadl*s) reaida(s). Now and Rel is P,` __,Adulk In ahmV of D aps ?ideum who mused W dive game ip , 4 n a: e Managw/Clerk ofplace of todging in widch Deft dant(s) r+esla e( AVat or Pin in d" of Defeudarlt(s)'s o0ice or usual place of bttsalesa. Oiha: an officer of said De&udant(s)'s company- ._.....?_ Des Age e- Ylei?lt ? Wei*! ?r Baca VV Sex dear L 704j V eN {Za? `s a aduk big duly saworu w a true and comet aw of the Notice of Shrii4Pat S ire iQ tha; ter as set forth cordiug to ba, depose aad sate d w I personally ?d the address indicaWd above. issued in the cepbioned can on lire dautr and at and No gltr- zwejol??1 CIi- -oJ '? EMPT SERVICE AT YEAST 3 TO M& INDICATE DATES dt TEMS OF SERVICE ATTEMPTED. late Of New Jersey PATRICIA E. HARRIS NOT SERVED Co? ion Expires Jpheg aaY o 200, at o'clock _ ,m., Defendant NOT FOUNb bemae: Moved Unialown No Answer vacant 1'c Attempt: / / Time• 29d Attempt./ / Time: 3rd Attempt:-----/ -/Time: Sworn to and subscribed bethre rate this day Of200 , Notay: Br Attorney for pialatlrf Daniel G. Schmieg, &gtdrx - Y.D. No. 62205 Z ZZ/LB 39dd S30II1i:13S 6a-IIWti3 9 X OGZBLPLG09 9E:0T L00Z/EZ/Z0 ' 't7, refit;.: ; N ? AFFIDAVrr OF SERVICE JIFF VA BANK NATIONAL CUMBERLAND COUNTY ASSO(7IATION, AS TRUSTEE FOR TBI STRIUCTU'RED No. 07-116 ASSET SECURYTn CORPORATION MORTGAGE LOAN TRUST, 2006 NCY ACCT. #1100'!$2203 DEFENDANT($) DAVID A. WrITLE Type of Action PHS 1114 ? 3 ? S WENDY Aw LORENZ - Notice of Sherwo Sale SERVE WENDX A. LORENZ AT Ssle DOW JIM 13, 2007 250 RESSER ROAD CAMW HILL, PA 17011 SERVED served and made !mown to %A1 E_rl dy Q L e r e n z- Deiisadau? on the Z fS dayof FPbn.n^y 200:, at 2;06 o'clock _ j° m , at 2Sa Qee.te o- R !,A , Commonwealth Of I'enasytvaaia, in the manner described below: Defendant personally served. Aduh Emily member wU whom Defendant(s) reside(s). Name and RoWmsjup is - Adult in charge Of M der W's residence who ref vied to give Asm or relationship. Manager/Clerk ofphm of lodging in which J)gfmdmrt(s) reside(s). Oy peraou in charge ofDdbn&ut(s)'s ofOce or usual.place of business. an Offloer of Said Defondant{g)'s compsgy, Otflel: n: Age 3s WS- nelgnt s,d,t W04ht AC Race _tea sex ?„?„ Other . ha v ? .a RO L Pr S I'll" lok being duly sworn amordarg to kw, handed a trots an a depose and soft that I d correct copy of the NH W of QqjfPs Sale in the manner as set forth heae i captioned case on the date and at the addrom indicated above` ?r ?ucd in the Sworn to and rmdgy 204 T lay: A T VICRiAT XA?3r 3TIME& MICATE DATES & TEM= O)r SERVICB ATrOnYM. Notary P:!- c NOT SERVE &a* or New Je" On dRATRICIA E. ??$ CommissTFpi?es 20,0_ o'clock -.m., Defbndant NOT FOUND bacau9e: Mowed Unknown No Answer tat Attcmp#: / / Time:. 3rd Attempt: / / Timc:_. _ : Swore to and suba<xibed belbre me this _ . day 200, Notary: A_ M tOr Plaintiff Daniel C. Sehmieg, I&gaim I.D. No, 62205 IZ/80 39Vd Ely: Vacant 2" Attaupt; / / Tune: S30IM3S 6NIIWVJ OSZBLPL609 96:01 L00Z/EZIZO n _ t - )? 3 F PHELAN HALLINAN & SCHMIEG, LLP By DANIEL G. SCHMIEG, EAQUIRE ID No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 1903-1814 215-563-7000 U.S BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006- NCI V. DAVID A. WHITTLE WENDY A. LORENZ Attorney for Plaintiff #146375 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 07-116 SUGGESTION OF RECORD CHANGE RE: ADDRESS CHANGE TO THE PROTHONOTARY: DANIEL G. SCHMIEG, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief the defendant's address was erroneously listed as: 250 RESSER ROAD CAMPHILL, PA 17011-1923 The correct name for the defendant is: 250 REESER ROAD CAMPHILL, PA 17011-1923 Kindly change the information on the docket. WAANNIIELL. SCHMIEG, ESQ I Attorney for Plaintiff m ' T-171 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET CUMBERLAND COUNTY SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 07-116 DAVID A. WITTLE WENDY A. LORENZ Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1, 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 ,250 RESSER ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name DAVID A. WITTLE WENDY A. LORENZ Amended Last Known Address (if address cannot be reasonably ascertained, please indicate) 250 RESSER ROAD CAMP HILL, PA 17011 250 RESSER ROAD CAMP HILL, PA 17011 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: t Name JAMES F. BASSETT COY KLINGER, ERIC BARNER FORD MOTOR CREDIT COMPANY Last Known Address (if address cannot be reasonably ascertained, please indicate) 960 EPPLEY ROAD, MECHANICSBURG, PA 17055 5716 KENWOOD AVENUE, HARRISBURG, PA 17112 P.O. BOX 6508 MESA, AZ 85216-6508 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) KERRY N. HITT AND JEANNE L. VANNUYS-HITT 4951 IRENE DR. HARRISBURG, PA 17112 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 250 RESSER ROAD CAMP HILL, PA 17011 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. ,a June 11, 2007 DATE DANIEL G. SCHMIEG, ESQU? Attorney for Plaintiff H x cn A w N ? O [F? . - -- r ?p 00 J O+ cn p w N N Q N k p? pE ??-V-.iy W 13 V Q F-1 iM5 t?1 a? n; vn ? z ON w w C-h ogP?'? ? o Y "'q O C M .? n O -e3 ? n S ? [r1 n' H' ? n fin. Gm 8 0 0 0 R ° a A cy.? 3 ? 0 0gg ?. S 5 ?. yb. r b J 0) 0 Cn F? n ? C C7 Q OD Ln y rn rn Ln 0 00 0 A a Z C J ? Q ?yGV (D a o ?C o 00 C rrif \ P- a u, o ? o f'1 o, w 40`5 ?sr? F MMWM~ pTNEY SOVVES 02 1M $ 00.95° aA ` 0004218010 MAY11 2007 r ---= MAILED FROM ZipGODE 18 10 3 0R' I I I { I ??II o?x r' a O? ? W N ..+ is a io r p Co `J a. tie x w L w ? • 3 ? np Y x dy z O?? a o 0 12 R N C' ?l `? N z o o a°?'' t > 7a a r+ 00 %;v U) Cif o c C ro O o n ? . o M r s? co O °a o o? r Z n n b CA°o o o O w Z CJd ? ?' a b ?y '? o ?p m a m a V Z r C = m Y M°. G O W X D c o s a ?. 3 5 ASS pcor 5re ^? ?? 02 1M $02-450 0004218010 FE8 21 2007 e = MAWED FROM ZIPCODE 19103 g ? #i. ? ?' ? 3f \ 'YI'L 3y7 rte. q 5 N R' o N ?_ ? _- r-t ?., - ... .. "„- .s...... 5..? ",? N ---, c _: -,, -rr =? + _ ? ? ?.a W .?4, ..?` ??, U.S. Bank National Association, as Trustee for In the Court of Common Pleas of The Structured Asset Securities Corporation Cumberland County, Pennsylvania Mortgage Loan Trust 2006-NCI Writ No. 2007-116 Civil Term VS David A. Wittle and Wendy A. Lorenz Cpl. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2007 at 2030 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: David A. Wittle and Wendy A. Lorenz, by making known unto Wendy Lorenz, personally and adult in charge for David A. Wittle, at 250 Reeser Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 0853 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 David A. Wittle and Wendy A. Lorenz, located at 250 Reeser Road, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: David A. Wittle and Wendy A. Lorenz, by regular mail to their last known address of 250 Reeser Road, Camp Hill, PA 17011. These letters were mailed under the date of April 4, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Postpone Sale So Armwejw. R. Thomas Kline, Sheriff `- BY I Sro Real Estate rgeant $30.00 23.98 15.00 15.00 .50 1.00 24.96 15.00 30.00 545.00 466.01 16.17 40.00 $1,222.62 Vp/o7 ? ?oG4G ?,. /9 9G 91 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 Plaintiff, v. DAVID A. WITTLE WENDY A. LORENZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-116 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NCI, 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 ,250 RESSER ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name DAVID A. WITTLE WENDY A. LORENZ Last Known Address (if address cannot be reasonably ascertained, please indicate) 250 RESSER ROAD CAMP HILL, PA 17011 250 RESSER ROAD CAMP HILL, PA 17011 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 JAMES F. BASSETT COY KLINGER, ERIC BARNER Last Known Address (if address cannot be reasonably ascertained, please indicate) 960 EPPLEY ROAD, MECHANICSBURG, PA 17055 5716 KENWOOD AVENUE, HARRISBURG, PA 17112 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) KERRY N. HITT AND JEANNE L. VANNUYS-HITT 4951 IRENE DR. HARRISBURG, PA 17112 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 250 RESSER ROAD CAMP HILL, PA 17011 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. February 15, 2007 0" ? - h=C4 DATE DANIEL G. SCHMIEG, ESQUIR Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 Plaintiff, V. DAVID A. WITTLE WENDY A. LORENZ Defendant(s). CUMBERLAND COUNTY No. 07-116 February 15, 2007 TO: DAVID A. WITTLE 250 RESSER ROAD CAMP HILL, PA 17011 WENDY A. LORENZ 250 RESSER ROAD CAMP HILL, PA 17011 "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 ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIEN AGAINST PROPERTY. •" Your house (real estate) at, 250 RESSER ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $350,175.00 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NCI (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. ALL that certain lot of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as. follows; BEGINNING at a point on the western line of Reesers Road (50 feet wide), two hundred (200) feet south of Sunset Way; thence in a westerly direction along the southerly line of Lot No. 2, Block E, on the hereinafter mentioned Plan of Lots, one hundred sixty-two and fifteen one-hundredths (162.15) feet to a point in the center of a private road; thence along the center of said private road, south 05 degrees 15 minutes west, two hundred fifty-three and five-tenths (253.5) feet, more or less, to line of lands now or late of Robert W. Fish and A. Catherine Fish, his wife; thence along the latter line north 72 degrees 02 minutes east two hundred sixty-six (266) feet, more or less, to the easterly line of Reesers Road; thence along the latter line in a northerly direction, by its various courses and distances one hundred eighty-five (185) feet, to the place of BEGINNING. BEING Lot No. 3 and the greater portion of Lot No. 4, Block E, on the Plan of Lots of St. John's Place, said plan being recorded in Plan Book 5, Page 36, Cumberland County Records. HAVING thereon erected a two-story brick dwelling house with attached garage (previously referred to as a one story in prior deed), numbered 250 Reeser Road. Parcel Identification Number 10-20-1846-095. BEING the same premises which Kerry N. Hitt and Jeanne.L. Vannuys-Hitt, husband and wife,-by. Deed dated May 12, 2004 and recorded May 14, 2004 in Cumberland County in Deed. Book Volume 262 at Page 4847, granted and conveyed unto Kerry N. Hitt and Jeanne L. Vannuys-Hitt; husband and wife. ALSO BEING the same premises which Helen J. Dmochowski, by Cheryl M. Dmochowski-Zeigler, her Attorney-in-Fact, by Deed dated February 25, 1994 and recorded March 2, 1994 in Cumberland County in Deed Book Volume 102 at Page 202, granted and conveyed unto Kerry N. Hitt. PARCEL IDENTIFICATION NO: 10-20-1846-095 Premises: 250 Reeser Road, Camp Hill, PA 17011 Hampden Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN David Wittle, a single man and Wendy A. Lorenz, a single woman, as joint tenants with right of survivorship, by Deed from Kerry N. Hitt and Jeanne L. Vannuy Hitt, husband and wife, dated 02/03/2006, recorded 02/14/2006, in Deed Book 273, page 852. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH QF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-116 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1, Plaintiff (s) From DAVID A. WITTLE AND WENDY A. LORENZ (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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 $350,175.00 L.L. $.50 Interest FROM 2/15/07 TO 6/13/07 (PER DIEM - $57.56) - $6,792.08 AND COSTS Atty's Comm % Atty Paid $189.12 Plaintiff Paid Date: MARCH 2, 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 Due Prothy $1.00 Other Costs Curti a. Long, P notaryBy: Deputy Real Estate Sale # 80 On March 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 250 Resser Road, Camp Hill, more fully described on Exhibit "A" filed: with this writ and by this reference incorporated herein. Date: March 15, 2007 By: Real Est a ergeant t .? d ! UVW L6101 0 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 April and the 2nd day(s) of May 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#80 ...... Sworn to and subscribe 0&kgtkd%IV ia4 A.D. Notarial Seal Ferry L. Fussell, Notary Public City Of Harrisburg, Dauphin County W Commission ExpiresJune 6, 2010 Memhor ?-Piatrnn of Notaries NOTAVY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 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: April 20, 27, May 4, 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. L' a arie Coyne, 91or SWORN TO AND SUBSCRIBED before me this 4 _day of May, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle 6oro, Cumberland County My Commission Expires March 5, 2009 •iAt, !WSS 6" no' So Writ No. 2007-116 Civil S. Bank National Association, As U. Trustee for the Securities Corpo onu Mortgage Loan Trust, 2006-NCI VS. David A. Wittle and Wendy A. Lorenz Atty.: Daniel Schmieg DESCRIPTION ALL that certain lot of land situ- ate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and de- scribed as follows; Dint on the BEGINNING at a p western line of Reesers Road feet 0 feet wide), two hundred (too) south of Sunset Way, thence ii the westerly direction along erly line of Lot No. 2, Block E, on the hereinafter mentioned Plan of Lots, one hundred sixty-two and fif- teen one-hundredths (162.15) feet to a point in the center he center of said road; thence along t 15 private road, south 05 degrees minutes west, two hundred DAY- three and Sve-tenths (253.5) fs , more or less, to line of l ub& ow or late of Robert W. Fish and A. Catherine Fish, his Wile; thence along the latter line north 72 de- grees 02 minutes east two hundred shy-six (266) feet, more or less, to the easterly line of Reesers Road; thence along the latter line in a north- erly direction, by its various courses eighty- and distances one hundreCe of BE- five (185) feet, to the P GINNING. BEING Lot No. 3 and the greater portion of Lot No. 4, Block E, on the Plan of Lots of St. John's Place. said plan being recorded in Plan Book 5, Page 36, Cumberland County Records. HAVING thereon erected a two- story brick dwelling house with at- tached garage (previously referred to as a one story in prior deed), numbered 250 Reeser Road. Parcel Identification Number 10- 20-1846-095. BEING the same premises which Kerry N. Hitt and Jeanne L. Van- nuys-Hitt, husband and wife, by Deed dated May 12, 2004 and re- corded May 14, 2004 in Cumber- land County in Deed Book Volume 262 at Page 4847, ranted and con- veyed unto Kerry N. Hitt and Jeanne L. Vannuys-Hitt, husband and wife. ALSO BEING the same premises which Helen J. Dmochowski, by Cheryl M. Dmochowski-Zeigler, her Attorney-in-Fact, by Deed dated February 25, 1994 and recorded March 2, 1994 in Cumberland County in Deed Book Volume 102 at Page 202, granted and conveyed unto Kerry N. Hitt. PARCEL IDENTIFICATION NO: 10-20-1846-095. Premises: 250 Reeser Road, Camp Hill, PA 17011, Hampden Township, Cumberland County, Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VETMD IN David Wittle, a single man and Wendy A. Lorenz, a single woman, as joint tenants with right of survivorship, by Deed from Kerry N. Hitt and Jeanne L. Vannuy Hitt, husband and wife, dated 02/03/ 2006, recorded 02/14/2006, in Deed Book 273, page 852. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NCI No. 07-116 Plaintiff, V. DAVID A. WITTLE WENDY A. LORENZ Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $350,175.00 Interest from $22,103.04 and Costs (per diem -$57.56) Add'1 Costs $5,295.50 TOTAL $3771,573.54 v 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. 146375 i O o r r- ? as a W ?W H W ? ? p ? ,-? N ? ?" ? !C O a? H CS V ?z a ? •? ?? O a ? U O? ? O H o `'' ?? OFD., a? ,?d??° c, blot E.+ p E-' t x p a ?? z? dO V .?45o V ? W E-+ ? ts-i ?U ?'?HvWi ?, oa?re°o ID 6 ?? 1 1 ?. 1 '? t W W Cd 1 a a cd CL UNITED STATES BANKRUPTCY` COURT EASTERN DISTRICT OF PENNSYLVANIA In re: JOSEPH v BARRASSO Bankruptcy No. 0720213 Debtor(s) Chapter 13 ORDER AND NOW, this O? 7 day of , 2007, after notice and hearing, the above-captioned case is hereby dismissed without prejudice. FOR THE COURT Jk o0110X40;r Copies served on: Frederick L. Reigle, Trustee 2901 St. Lawrence Avenue P.O. Box 4010 Reading, PA 19606 JOSEPH G BARRASSO 227 OLD FORGE DRIVE BATH PA 18014 STEVEN DUNBAR ESQ 104 SOUTH MAIN STREET PHILLIPSBURG NJ 08865 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 Plaintiff, V. DAVID A. WITTLE WENDY A. LORENZ ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-116 Defendant(s). 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: 0 ?an FHA mortgage ( ) non-owner occupied () vacant (X) ; 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. 41C DANG. SCHMIEG, E UIRE Attorney for Plaintiff F7- U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 Plaintiff, V. DAVID A. WITTLE WENDY A. LORENZ : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-116 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NCI, 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 ,250 RESSER ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) -DAVID A. WITTLE 250 RESSER ROAD CAMP HILL, PA 17011 WENDY A. LORENZ 250 RESSER ROAD CAMP HILL, PA 17011 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 James F. Bassett James F. Bassett Coy Klinger Eric Barner Ford Motor Credit Company Ford Motor Credit Company reasonably ascertained, please indicate) 960 Eppley Road Mechanicsburg, PA 17055 C/o Keith O'Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-62499 5716 Kenwood Avenue Harrisburg, PA 17112 P.O. Box 6508 Mesa, AZ 85216-6508 C/o Thomas R. Dominczyk, Esquire 250 Routh 28 West, Suite 203 Bridgwater, NJ 08807 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) Kerry N. Hitt & 4951 Irene Drive Jeanne L. Vannuys-Hitt Harrisburg, PA 17112 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 250 RESSER ROAD CAMP HILL, PA 17011 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. -T??J ?? October 26, 2007 %.4 DATE DANIEL G. SCHMIEG, ESQVtRE Attorney for Plaintiff ILD "? U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 Plaintiff, V. DAVID A. WITTLE WENDY A. LORENZ Defendant(s). TO: DAVID A. WITTLE October 26, 2007 250 RESSER ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 07-116 WENDY A. LORENZ 250 RESSER ROAD CAMP HILL, PA 17011 "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, 250 RESSER ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff s: Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $350,175.00 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 (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. t IR 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 DESCRIPTION ALL that certain lot of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows; BEGINNING at a point on the western line of Reesers Road (50 feet wide), two hundred (200) feet south of Sunset Way; thence in a westerly direction along the southerly line of Lot No. 2, Block E, on the hereinafter mentioned Plan of Lots, one hundred sixty-two and fifteen one-hundredths (162.15) feet to a point in the center of a private road; thence along the center of said private road, south 05 degrees 15 minutes west, two hundred fifty-three and five-tenths (253.5) feet, more or less, to line of lands now or late of Robert W. Fish and A. Catherine Fish, his wife; thence along the latter line north 72 degrees 02 minutes east two hundred sixty-six (266) feet, more or less, to the easterly line of Reesers Road; thence along the latter line in a northerly direction, by its various courses and distances one hundred eighty-five (185) feet, to the place of BEGINNING. BEING Lot No. 3 and the greater portion of Lot No. 4, Block E, on the Plan of Lots of St. John's Place, said plan being recorded in Plan Book 5, Page 36, Cumberland County Records. HAVING thereon erected a two-story brick dwelling house with attached garage (previously referred to as a one story in prior deed), numbered 250 Reeser Road. Parcel Identification Number 10-20-1846-095. BEING the same premises which Kerry N. Hitt and Jeanne L. Vannuys-Hitt, husband and wife, by Deed dated May 12, 2004 and recorded May 14, 2004 in Cumberland County in Deed Book Volume 262 at Page 4847, granted and conveyed unto Kerry N. Hitt and Jeanne L. Vannuys-Hitt, husband and wife. ALSO BEING the same premises which Helen J. Dmochowski, by Cheryl M. Dmochowski-Zeigler, her Attorney-in-Fact, by Deed dated February 25, 1994 and recorded March 2, 1994 in Cumberland County in Deed Book Volume 102 at Page 202, granted and conveyed unto Kerry N. Hitt. PARCEL IDENTIFICATION NO: 10-20-1846-095 Premises: 250 Reeser Road, Camp Hill, PA 17011 Hampden Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN David Wittle, a single man and Wendy A. Lorenz, a single woman, as joint tenants with right of survivorship, by Deed from Kerry N. Hitt and Jeanne L. Vannuy Hitt, husband and wife, dated 02/03/2006, recorded 02/14/2006, in Deed Book 273, page 852. .,? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-116 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1, Plaintiff (s) From DAVID A WITTLE AND WENDY A. LORENZ (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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 $350,175.00 L.L. Interest FROM (PER DIEM - $57.56) - $22,103.04 AND COSTS Atty's Comm % Atty Paid $1,433.24 Plaintiff Paid Date: OCTOBER 30, 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 Due Prothy $2.00 Other Costs ADD'L COSTS - $5,295.50 liepury Supreme Court ID No. 62205 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 U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE Civil Division LOAN TRUST, 2006-NCI : Plaintiff CUMBERLAND County vs. No. 07-116 DAVID A. WITTLE WENDY A. LORENZ Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on January 8, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A» 2. Judgment was entered on February 22, 2007 in the amount of $350,175.00. 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. A Sheriff s Sale of the mortgaged property at 250 REESER ROAD, CAMP HILL, PA 17011 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 07-01786 on June 12, 2007. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated October 1, 2007. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on March 5, 2008. 6. 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 $327,434.16 Interest Through March 5, 2008 $50,770.21 Per Diem $78.84 Late Charges $776.76 Legal fees $2,585.00 Cost of Suit and Title $2,093.50 Sheriffs Sale Costs $1,457.12 Property Inspections $135.00 Appraisal/Brokers Price Opinion $190.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $0.00 TOTAL $385,441.75 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 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. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 10. 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 December 19, 2007 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 "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. h 11' S hmieg, LLP DATE: B ichele I Brad ord, squire Attorney for Plaint PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NCI Plaintiff VS. DAVID A. WITTLE WENDY A. LORENZ Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-116 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE DAVID A. WITTLE and WENDY A. LORENZ 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 250 REESER ROAD, CAMP HILL, PA 17011. 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 Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 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 Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the 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, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 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. li hmieg, LLP DATE: By: the e . B ord, squire Attorney for PlaifitM' Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id, No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 146375 U.S. BANK NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS TRUSTEE FOR THE STRUCTURED ASSET CIVIL DIVISION SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC i TERM FORT MILL, SC 29715 D N0. (>'Y-119 1 Plaintiff V. CUMBERLAND COUNTY DAVID A. WITTLE WENDY A. LORENZ 250 REESER ROAD CAMP HILL, PA 17011 A''ToRN j..f LE COPY E 9. 1'1 ?G`? t !LEW ? d D f an s e en z CIVIL ACTION - LA COMPLAINT IN MORTGAGE FORECLOSURE ' NOTICE ?lo+ You have been sued in court. If You wish to defend against the claims set forth in the 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 WTPH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County BarlAssociation 32 South 13edford "n u „Q J true and -l"hisle, PA 17 nct copy of the A?DAN? Fl }R? (800)990-410 ?' filed Of MO01d File #: 146375 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 #: 146375 Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NCI 3476 STATEVIEW BLVD FORT MILL, SC 29715 The name(s) and last known address(es) of the Defendant(s) are: DAVID A. WITTLE WENDY A. LORENZ 250 REESER ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/03/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1940, Page: 2048. 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 07/01/2006 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: 146375 6. The following amounts are due on the mortgage: Principal Balance $327,434.16 Interest 17,123.90 06/01/2006 through 01/04/2007 (Per Diem $78.55) Attorney's Fees 1,250.00 Cumulative Late Charges 517.84 02/03/2006 to 01/04/2007 Cost of Suit and Title Search 550.00 Subtotal $ 346,875.90 Escrow Credit 0,00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 346,875.90 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 346,875.90, together with interest from 01/04/2007 at the rate of $78.55 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 LINAN & SGHMIEG L By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #-. 146375 LEGAL DESCRIPTION ALL that certain lot of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows; BEGINNING at a point on the western line of Reesers Road (50 feet wide), two hundred (200) feet south of Sunset Way; thence in a westerly direction along the southerly line of Lot No. 2, Block E, on the hereinafter mentioned Plan of Lots, one hundred sixty-two and fifteen one-hundredths (162.15) feet to a point in the center of a private road; thence along the center of said private road, south 05 degrees 15 minutes west, two hundred fifty-three and five-tenths (253.5) feet, more or less, to line of lands now or late of Robert W. Fish and A. Catherine Fish, his wife; thence along the tatter line north 72 degrees 02 minutes east two hundred sixty-six (266) feet, more or less, to the easterly line of Reesers Road; thence along the latter line in a northerly direction, by its various courses and distances one hundred eighty-five (185) feet, to the place of BEGINNING. BEING Lot No. 3 and the greater portion of Lot No. 4, Block E, on the Plan of Lots of St. John's Place, said plan being recorded in Plan Book 5, Page 36, Cumberland County Records. HAVING thereon erected a two story brick dwelling house with attached garage (previously referred to as a one story in prior deed), numbered 250 Reeser Road. PROPERTY BEING. 250 REESER ROAD Filc #: 146375 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 Attomey for Plaintiff DATE: + -.q-ca Exhibit "B" 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, V. DAVID A. WITTLE WENDY A. LORENZ Allo,j,W pt?jj FILE COPY w C? ? b CUMBERLAND COUN13r'' COURT OF COMMON AS co f" • ''- rev ; CIVIL DIVISION r ,_? NO. 07-116 r c R, ? cn Defendant(s). 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 DAVID A. WITTLE and WENDY A. LORENZ, 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 02/05/07 to 02/15/07 TOTAL $346,875.90 $3,299.10 $350,175.00 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. 0"J r4 ?pPl DANIEL G. SCHM G, ESQUIRE IXTM . Attorney for Plaintiff pL DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 146375 ATTO R Y FILE DOPY Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: WENDY A. LORENZ Bk. No. 1:07-bk-01786 MDF Debtor Chapter No. 13 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 11 U.S.C. §362 Movant V. WENDY A. LORENZ Respondent ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1(Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 250 REESER ROAD, CAMP HILL, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 may immediately enforce and implement this Order granting Relief from the automatic stay. By the Coin-t, Dated: October 1, 2007 Al .w Jpfl$e (CI) This document is electronically signed and filed on the same date. " Exhibit'D 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 December 19, 2007 DAVID A. WITTLE WENDY A. LORENZ 250 REESER ROAD CAMP HILL, PA 17011 RE: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC 1 vs. DAVID A. WITTLE and WENDY A. LORENZ Premises Address: 250 REESER ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 07-116 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 within 5 days, by December 24, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ahe r d, Esquire alli & Schmieg, LLP Enclosure r< 0 rG ? a M a N ?+ v rr J n N C ? U CT' ?e "C e a O> v, C r, C CD ro ? d ?b b O ? o a a a y v H 1"r ?? °? v o O z d a ? d b ? 0 r d ? n rn N G ooh wl y C) P N ? "+ O ts ~ • by /r O s o /? C) d u O :.so C y c qd N ? ? ? Q O O v ?K OO A 49. ? 'd P V y? a S, ! 2. o- ... ?. S O N y o a .8 8 J Jl ?° Ceboll O 02 1M $ VZ 0004218010 pEC 19- 2007 MAI o. LED FROM ZIPCODE 19103 a ? . lA r . ? ? .a O m O o Op az ag d 2 ?.b r z z Pp W r co b C'1 0 K. A 0 0 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: By: -k?)OA/?) ( V I chef M. Attorney for LLP 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC 1 Plaintiff vs. DAVID A. WITTLE WENDY A. LORENZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-116 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. DAVID A. WITTLE WENDY A. LORENZ 250 REESER ROAD CAMP HILL, PA 17011 DATE: DAVID A. WITTLE 449 WOODCREST DRIVE MECHANICSBURG, PA 17050 0hel tA i LLP By: ra ord squ' e Attorney for Plaintiff s-o R a U.S. BANK NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE CUMBERLAND COUNTY, PENNSYLVANIA STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 206-NC1 PLAINTIFF V. DAVID A. WITTLE, WENDY A. LORENZ, DEFENDANTS NO. 07-0116 ORDER OF COURT AND NOW, this 2nd day of January, 2008, upon consideration of the Plaintiff's Motion to Reassess Damages, 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 January 22, 2008; 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. By the Court, M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff (2O O&Y mZl LL 11A4 /08 rINV t N I1 s ELF . ir: 1x -o,'A{ o OZ :Ce WJ C- Nv gooz n??lUv? ?? 2'Wl JO 3OL-1-40" M- 1i4 David A. W ittle Wendy A. Lorenz Defendants 250 Reeser Road Camp Hill, PA 17011 David A. Wittle 449 Woodcrest Drive Mechanicsburg, PA 17050 bas 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC 1 Plaintiff VS. DAVID A. WITTLE WENDY A. LORENZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-116 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 22, 2008 was sent to the following individual on the date indicated below.. DAVID A. WITTLE WENDY A. LORENZ 250 REESER ROAD CAMP HILL, PA 17011 DATE: 0 DAVID A. WITTLE 449 WOODCREST DRIVE MECHANICSBURG, PA 17050 By: Miche1e'M.Brhfford,E mieg, LLP squire Attorney for Plaintiff na ?...,.? ...n.i nb 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC 1 Plaintiff vs. DAVID A. WITTLE WENDY A. LORENZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-116 MOTION TO MAKE RULE ABSOLUTE U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NCI, by and through its attorney, Michele M. Bradford, Esquire, 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. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 28, 2007. 3. A Rule was entered by the Court on or about January 2, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on January 9, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B". Defendants failed to respond or otherwise plead by the Rule Returnable date of January 22, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: ieg, LLP B -11 1 MIB?radford(Vquire ichele Attorney for Plaintiff 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NCI Plaintiff VS. DAVID A. WITTLE WENDY A. LORENZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-116 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on December 28, 2007. A Rule was entered by the Court on or about January 2, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 9, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 22, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. ?( P i c ieg, LLP DATE: b(? B Michele M. Brad rd quire Attorney for Plaintiff Exhibit "A" U.S. BANK NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE CUMBERLAND COUNTY, PENNSYLVANIA STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 206-NC1 PLAINTIFF V. DAVID A. WITTLE, WENDY A. LORENZ, DEFENDANTS NO. 07-0116 ORDER OF COURT AND NOW, this 2nd day of January, 2008, upon consideration of the Plaintiff's Motion to Reassess Damages, 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 January 22, 2008; 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. . By the Court, M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff TRUE COPY FROM RECORU it TestimM whereof, i here unto set MIV hand AN the of said CO% at Carwsm. Pa d2? f David A. Wittle Wendy A. Lorenz Defendants 250 Reeser Road Camp Hill, PA 17011 David A. Wittle 449 Woodcrest Drive Mechanicsburg, PA 17050 bas Exhibit "B" 0 -r o C c' f 1 '5 j 0M " A 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 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE STRUCTURE SECURITIES CORPORATION, LOAN TRUST, 2006-N VS. DAVID A. WITTLE WENDY A. LORENZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-116 CERTIFIC®R OF SERVICE 1??., I hereby certify that a true- 4t fo r? ?y of our Motion to Reassess Damages noting a ?'a ?s> `GG Rule Return date of Januarp-f ;,' sent to the following individual on the date indicated below.. DAVID A. WITTLE WENDY A. LORENZ 250 REESER ROAD CAMP HILL, PA 17011 DATE: DAVID A. WITTLE 449 WOODCREST DRIVE MECHANICSBURG, PA 17050 By: (tic MM.'Brhffordc, mieg, LLP squire Attorney for Plaintiff 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 Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. P el H in c ieg, LLP DATE: D By; ichele . BradAmt , Esquire Attorney for Plaintiff 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC 1 Plaintiff VS. DAVID A. WITTLE WENDY A. LORENZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-116 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. DAVID A. WITTLE WENDY A. LORENZ 250 REESER ROAD CAMP HILL, PA 17011 DATE: DAVID A. WITTLE 449 WOODCREST DRIVE MECHANICSBURG, PA 17050 Mfo , LLP By: M thee Attorney for Plaintiff ?- ? _,? t [1 .. .--1' ?-ry ? s ° }il . r_. ? ? . ? C..• 6 .. ? :"...' J ?- ? . AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 DEFENDANT(S) DAVID A. WITTLE WENDY A. LORENZ SERVE DAVID A. WITTLE AT 250 RESSER ROAD CAMP HILL, PA 17011 SERVED CUMBERLAND COUNTY 1 No. 07-116 ACCT. #146375 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 5, 2008 Served and made known to t*vl o A 1?V t f'TL-F nDefendant, on the 'h! day of QVF4*R 2003, at ;'X0 ,o'clock_?.m.,at ;?51) ReS5640- 61 Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. =Other: 0AAV,?I4tF- Description: Age 40 S Height _5?;" Weight ('90 Race W Sex Other I, PoPo4•o M6 LL_ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this V5 day ofd 200 No tar J?By. PLEASE ATTEM SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED On the NOTfPUBLIC 200, at o'clock _.m., Defendant NOT FOUND because: STATE O NEW-JERSEY' _W $M E) &W_25W +To Answer Vacant 1st Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 1200-. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 L r Z 2?f 8 r`;# ra AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 DEFENDANT(S) DAVID A. WITTLE WENDY A. LORENZ SERVE WENDY A. LORENZ AT 250 RESSER ROAD CAMP HILL, PA 17011 SERVED CUMBERLAND COUNTY No. 07-116 ACCT. #146375 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 5, 2008 Served and made known to VJOJJD? j I? • LDP_ENZ- , Defendant, on the day of NOVEMP aZ , 200-lat o o'clock g,.m., at S? 1?ESSfa %ft t "'l,Y? P 1 LL , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 46 '- Height _5?5a Weight _L'96 Race W Sex P7 Other I, a Lt- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this Z day of O)IJ 200'7. Notary: ? By: PLEASE ATTE SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY MA0WM88l"IRE8 I8/ZSW2 200. at Moved Unknown No Answer 1s` Attempt: Time: 3rd Attempt: Time: o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 1 Z 2 ?(? { d-• :?:`'?(Ate .w °'13.?ygg?? ?;. • y f Nf A ?.. WP-JV -1 AT Y JAN 2 8 zoos IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE Civil Division LOAN TRUST, 2006-NC l Plaintiff CUMBERLAND County vs. No. 07-116 DAVID A. WITTLE WENDY A. LORENZ Defendants pth ORDER AND NOW, this 1 \ day of , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $327,434.16 Interest Through March 5, 2008 $50,770.21 Per Diem $78.84 Late Charges $776.76 Legal fees $2,585.00 Cost of Suit and Title $2,093.50 Sheriffs Sale Costs $1,457.12 Property Inspections $135.00 S f Appraisal/Brokers Price Opinion $190.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $0.00 TOTAL $385,441.75 Plus interest from March 5, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT k ? ?A J. 146375 .&j tAa:; (?? NN3d A1?3t??rr} r. ,;`?Wn3 80 :8 WV 0C MVf 90OZ MVIONOH i Ci8d aHL ja 3ou40-ogig PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC 1 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION COUNTY vs DAVID A. WITTLE WENDY A. LORENZ Defendant(s) NO. 07-116 DANIEL G. SCHMIEG, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief the Mortgage Premises was erroneously listed as: The correct name for the Mortgage Premises is: Kindly change the information on the docket. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff rri SALE DATE: MARCH 5, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED No.: 07-116 ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 VS. DAVID A. WITTLE WENDY A. LORENZ 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: 250 REESER ROAD, CAMP HILL, PA 17011. 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. XQPA I I - 80 - 0 DANIEL G. SCHM EG, ESQUI Attorney for Plaintiff Date: January 31,2008 146375 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEFJOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 Plaintiff, V. DAVID A. WITTLE WENDY A. LORENZ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-116 Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1, 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 ,250 REESER ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) -DAVID A. WITTLE 250 REESER ROAD CAMP HILL, PA 17011 WENDY A. LORENZ 250 REESER ROAD CAMP HILL, PA 17011 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 tc1 be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) James F. Bassett 960 Eppley Road Mechanicsburg, PA 17055 James F. Bassett Coy Klinger Eric Barner Ford Motor Credit Company C/o Keith O'Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-62499 5716 Kenwood Avenue Harrisburg, PA 17112 P.O. Box 6508 Mesa, AZ 85216-6508 Ford Motor Credit Company C/o Thomas R. Dominczyk, Esquire 250 Routh 28 West, Suite 203 Bridgwater, NJ 08807 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) Kerry N. Hitt & 4951 Irene Drive Jeanne L. Vannuys-Hitt Harrisburg, PA 17112 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) TOWNSHIP OF HAMPDEN 230 SPRING HILL ROAD MECHANICSBURG, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name 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 Common*ealth of Pennsylvania Department of Welfare ST JOHN'S PLACE ASSOCIATION 250 REESER ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 440 WEST MAIN STREET MECHANICSBURG, PA 17055-3241 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. January 31.2008 ffin6l DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ,a -1 _ r ?° vi .p w N p ?O 00 J O? Cn .A w N ^' CD r? a? ro zD 3 ? x ^3 A d y D 111 p 151 p O O? 1•, N W 1- to C d p r) s 0 0-3 n a tz O f A `cfD to asv " N N14 n Z + O r ?'? O O w? a o ? a ? o x, o o A W W p % V] "' ?+ n n rA y O ego O n ' n x eD A (? ?D C O M ^O r y m r A x ?d? rn? y Q O o d d r 0 ? 0. eb iv 0.4 ??? W p n ;'d °? td o N y ^At N sU' Z by O O Q A d b p tG o y y a r o,? d G? rA o y ° a ° O 00 , ON cr r) t2l Q d A b W Y=', y S. U e A w A v o k 00 r x il oo H la o n I fit 47, yg.? c (? v? b ,?d O QQ y W o to -n o ? F.a r? i? O O ^yoo? H N ? rr, b c All ? 00 o O e Q O ..d • ^ b o w ` l/?yy y eD t? 1 O C tf r", p ?/ p C' 6l O M b'd r'? 0 cr / y l J nod o y o n 00 y cn H Cy C L°. h7 o ?. ? o J ? W y R p rD . y ???? N 4Q O ,^? by c. 2 0 fit PN, 5?p DZ n "w ® PRNEY BOWES 2 ..021M 04.900 W R 8 " s 0004218010 JAN 31 2008 f MAILED FROM ZIP CODE 19 10 3 bf JCJr' . O .?7 O ?y?•n w o?z C ? <D C. ? ? a o'b aN A o t=i a ,V r g 9 ?Z C air 0 0 Q. H rz r ? a b ? o O CrJ r r v ni- Fq JQ 'L7 --i AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NCI DEFENDANT(S) DAVID A. WITTLE WENDY A. LORENZ SERVE DAVID A. WITTLE AT 250 REESER ROAD CAMP HILL, PA 17011 SERVED No. 07-116 CUMBERLAND COUNTY ACCT. #146375 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 5, 2008 Served and made known to V 4 1 D A • W (^r 'r L E , De&ndan?yt, on the day of -?_ 0g at = 30 o'clock ?.m., at a?0 gee.w Zw, -/ht Q 41 u- , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 3C- Height 61c, W eight ,220 Race W Sex M Other I, RON 41,b k o LL- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. S n to and subscr' be his of I 200 ^ Notary: By: A A MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. N"h Public NOT SERVED a* 01 New Jersey PATRRI 5R1S 200_, at o'clock - m., Defendant NOT FOUND because: ne 15, now Moved Unknown No Answer Vacant 1"' Attempt: Time: 2nd Attempt: I I Time: 3rd Attempt: / i Time: Sworn to and subscribed before me this day of .200_. Notary: By: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 crs ,.-1 -n ?,? ` ,? =c..' =r ?? ??? y ? ?- :? Q 4 AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 DEFENDANT(S) DAVID A. WITTLE WENDY A. LORENZ SERVE WENDY A. LORENZ AT 250 REESER ROAD CAMP HILL, PA 17011 SERVED CUMBERLAND COUNTY No. 07-116 ACCT. 0146375 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 5, 2008 Served and made known to Vy"b.J A, - Lo p ati-z . Defendant: on the ? day of "N+ky , 2o0_jat ,S0 o'clock g.m., at -Roo, C4-Mr t- u_ , Commonwealth of Pennsylvania, in the manner described below: Def ulant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. ZOther: QUYYI - Description: Age Height"' Weight Race _ 1W Sex/tA Other I, R&?yA-c, 6 MO 1, . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su?b3 ri of By. Z6- 'ItE 2 TTEMPT SERV ICE AT LEAST 3 TQVIES. INDICATE DATES & TIMES OF SERVICE Nip PUNIC ATTEMPTED. SW o, lew JM" PATRICIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the dap of , 200___, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer vacant 1st Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney f P before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200_ One Penn Center at Suburban Station, Suite 1406 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 r-:) SE ,.. --ii 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 U S BANK N A TR is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 30TH day of OCTOBER, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 116, at the suit of U S BANK N A TR against DAVID A WITTLE & WENDY A is duly recorded as Instrument Number 200808324. IN TESTIMONY WHEREOF, I have her to set my hand and seal of said office this l day of A.D. 0?1?O ??-- -4it&order of Deeds 4 Cwnoenano county. caroft, PA E*k" the Fow Monday of Jan. 2010 U.S. Bank National Association, as Trustee for the In the Court of Common Pleas of Structured Asset Securities Corporation Cumberland County, Pennsylvania Mortgage Loan Trust, 2006-NCI Writ No. 2007-116 Civil Term VS David A. Wittle and Wendy A. Lorenz Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2007 at 1745 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: David A. Wittle and Wendy A. Lorenz, by making known unto Wendy Lorenz, personally and adult in charge for David A. Wittle, at 250 Resser Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 14, 2008 at 1000 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 David A. Wittle and Wendy A. Lorenz located at 250 Resser Road, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Wendy A. Lorenz and David A. Wittle by regular mail to their last known address of 250 Resser Road, Camp Hill, PA 17011. These letters were mailed under the date of January 8, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 05, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of U.S. Bank National Association, as Trustee for the Structured Asset Securities Corporation Mortgage Loan Trust, 2006-NCI. It being the highest bid and best price received for the same, U.S. Bank National Association, as Trustee for the Structured Asset Securities Corporation Mortgage Loan Trust, 2006-NCI of 3476 Stateview Blvd., Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,342.77. Sheriffs Costs: Docketing $30.00 Poundage 26.33 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 28.80 Levy 15.00 Surcharge 30.00 4S-0 oo Law Journal 533.00 . Patriot News 492.80 C ?` `'ZS rC? Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 60 ? 26 `- 026/6 7Y/ 31.24/08 $1,3 . So Answers: R. Thomas Kline, Sheriff BY?,I?GuJ V? Real Estate ergeant f U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 Plaintiff, V. DAVID A. WITTLE WENDY A. LORENZ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-116 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST. 2006-NC1. 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 ,250 RESSER ROAD. CAMP HILL. PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAVID A. WITTLE 250 RESSER ROAD WENDY A. LORENZ CAMP HILL, PA 17011 250 RESSER ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above property to be sold: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real Name Last Known Address (if address cannot be reasonably ascertained, please indicate) James F. Bassett 960 Eppley Road Mechanicsburg, PA 17055 James F. Bassett C/o Keith O'Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-62499 Coy Klinger 5716 Kenwood Avenue Eric Barner Harrisburg, PA 17112 Ford Motor Credit Company P.O. Box 6508 Mesa, AZ 85216-6508 Ford Motor Credit Company C/o Thomas R. Dominczyk, Esquire 250 Routh 28 West, Suite 203 Bridgwater, NJ 08807 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) Kerry N. Hitt & 4951 Irene Drive Jeanne L. Vannuys-Hitt Harrisburg, PA 17112 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 250 RESSER ROAD CAMP HILL, PA 17011 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. October 26, 2007 7?a?- DATE DANIEL G. SCHMIEG, ES RE Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE No. 07-116 LOAN TRUST, 2006-NCI Plaintiff, V. DAVID A. WITTLE WENDY A. LORENZ Defendant(s). October 26, 2007 TO: DAVID A. WITTLE WENDY A. LORENZ 250 RESSER ROAD 250 RESSER ROAD CAMP HILL, PA 17011 CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND 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, 250 RESSER ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff s. Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $350,175.00 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1 (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. r 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 DESCRIPTION ALL that certain lot of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows; BEGINNING at a point on the western line of Reesers Road (50 feet wide), two hundred (200) feet south of Sunset Way; thence in a westerly direction along the southerly line of Lot No. 2, Block E, on the hereinafter mentioned Plan of Lots, one hundred sixty-two and fifteen one-hundredths (162.15) feet to a point in the center of a private road; thence along the center of said private road, south 05 degrees 15 minutes west, two hundred fifty-three and five-tenths (253.5) feet, more or less, to line of lands now or late of Robert W. Fish and A. Catherine Fish, his wife; thence along the latter line north 72 degrees 02 minutes east two hundred sixty-six (266) feet, more or less, to the easterly line of Reesers Road; thence along the latter line in a northerly direction, by its various courses and distances one hundred eighty-five (185) feet, to the place of BEGINNING. BEING Lot No. 3 and the greater portion of Lot No. 4, Block E, on the Plan of Lots of St. John's Place, said plan being recorded in Plan Book 5, Page 36, Cumberland County Records. HAVING thereon erected a two-story brick dwelling house with attached garage (previously referred to as a one story in prior deed), numbered 250 Reeser Road. Parcel Identification Number 10-20-1846-095. BEING the same premises which Kerry N. Hitt and Jeanne L. Vannuys-Hitt, husband and wife, by Deed dated May 12, 2004 and recorded May 14, 2004 in Cumberland County in Deed Book Volume 262 at Page 4847, granted and conveyed unto Kerry N. Hitt and Jeanne L. Vannuys-Hitt, husband and wife. ALSO BEING the same premises which Helen J. Dmochowski, by Cheryl M. Dmochowski-Zeigler, her Attorney-in-Fact, by Deed dated February 25, 1994 and recorded March 2, 1994 in Cumberland County in Deed Book Volume 102 at Page 202, granted and conveyed unto Kerry N. Hitt. PARCEL IDENTIFICATION NO: 10-20-1846-095 Premises: 250 Reeser Road, Camp Hill, PA 17011 Hampden Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN David Wittle, a single man and Wendy A. Lorenz, a single woman, as joint tenants with right of survivorship, by Deed from Kerry N. Hitt and Jeanne L. Vannuy Hitt, husband and wife, dated 02/03/2006, recorded 02/14/2006, in Deed Book 273, page 852. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) L.L. TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST, 2006-NC1, Plaintiff (s) From DAVID A WITTLE AND WENDY A. LORENZ (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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 $350,175.00 Interest FROM (PER DIEM - $57.56) - $22,103.04 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $1,433.24 Plaintiff Paid Date: OCTOBER 30, 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 Other Costs ADD'L COSTS - $5,295.50 NO 07-116 Civil CIVIL ACTION - LAW i)eputy SUE COPY FROM RECORU ,11, Testimony whereof, I here unto set my hang I "), the seal of said Court at Carlisle, Pa.. _ othonotary C-WI yam. Real Estate Sale # 38 On November 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 250 Reeser Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 7, 2007 By: \j Real Estate Sergeant The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 cue Patr1*otwXtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the 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 on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 .......... Sworn to and sU sc ibed before a t0,iosr25 c Notary Public otF?bruary, 2008 A.D. 02/06/08 02/13/08 COMMONWEALTH OF PENNSYLVANIA Notarial SpiIl Sherrie L. Kisner, Notary Public City Of Harrisburg. 0suphin County W Comm ?`_7xpirss Nov. 26, 2011 Member, Pennsylvania Association of Notaries REAL ESTATE SALE NO. 38 Writ No. 2007-116 Civil Term U.S. Brink National Aseodetton, as Trustee for the. Structured Asset Securities Corporation Mortgage Loan Trust, 2006-NC1 VS David A. Wittie and Wendy A. Lorenz Attorney Daniel Schmieg DESCRIPTION ALL that certain lot of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows; BEGINNING at a point on the western line of Reesers Road (50 feet wide), two hundred (200) feet south of Sunset Way; thence in a westerly direction along the southerly line of Lot No. 2, Block E, on the hereinafter mentioned Plan of Lots, one hundred sixty-two and fifteen one- hundredths (162.15) feet to a point in the center of a private road; thence along the center of said private road, south 05 degrees 15 minutes west. P i hundred fifty-three and five-tenths (253.5) feet, more or less, to line of lands now or late of Robert W. Fish and A. Catherine Fish, his wife: thence along the latter line north 72 degrees 02 ,anutes east two hundred sixty-six (266) feet. more or less, to the easterly line of Reesers Road; thence along the latter line in a northerly direction, by its various courses and distances one hundred eighty-five (185) feet, to the place of BEGINNING. BEING Lot No. 3 and the greater portion of Lot No. 4, Block E, on the Plan of Lots of St. John's Place, said plan being recorded in Plan Book 5, Page 36, Cumberland County Records. HAVING thereon erected a two-story brick dwelling house with attached garage (previously referred to as a one story in prior deed). numbered 250 Reeser Road. Parcel kkittification Number W-20-1846-(195. BEING the same premises which Kerry N. Hitt and Jeanne L. Vatmuys-ILitt, husband and wife, by Deed tamed May 12, 2004 and recorded May 14, 2004 in Cumberland County in Deed Book Volume 262 at Page 4847, granted and conveyed unto Kerry N. Hitt and Jeanne L. Vannuys-Hitt: husband and wife. ALSO BEING the same premises which Helen 1. Dmochowski, by Cheryl IvL Dmochowski- Zeigler, her Attomey-in-Fact, by Deed dated February 25, 1994 and recorded March 2, 1994 in Cumberland County in Deed Book Volume 102 at Page 202, granted and conveyed unto Kerry N. Hitt. PARCEL IDENTIFICATION NO: 10-20-1846- 095 Premises: 250 Reeser Road, Camp Hill, PA 17011 I.ampden Township Cumberland County Pennsylvania RECORD OWNER TILE TO SAID PREMISES IS VESTED IN David Wittle, a single man and Wendy A. Lorenz, a single woman, as joint tenants with right of survivorship, by Deed from Kerry N. Hitt and Jeanne L. Vannuy Hitt, husband and wife, dated 02/0312006, recorded 02114/2006, in Deed Book 273, page 852. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 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. SW AND SUBSCRIBED before me this 8 day of February, 20 A 4 Notary 117 NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 38 Writ No. 2007-116 Civil U.S. Bank National Association, as Trustee for the Structured Asset Securities Corporation Mortgage Loan Trust, 2006-NC1 vs. David A. Wittle and Wendy A. Lorenz Atty.: Daniel Schmieg DESCRIPTION ALL that certain lot of land situate in the Township of Hampden, County of Cumberland and State of Penn- sylvania, bounded and described as follows; BEGINNING at a point on the western line of Reesers Road (50 feet wide), two hundred (200) feet south of Sunset Way; thence in a westerly direction along the southerly line of Lot No. 2, Block E, on the hereinafter mentioned Plan of Lots, one hundred sixty-two and fifteen one-hundredths (162.15) feet to a point in the center of a private road; thence along the center of said private road, south 05 degrees 15 minutes west, two hundred fifty-three and five-tenths (253.5) feet, more or less, to line of lands now or late of Robert W. Fish and A. Catherine Fish, his wife; thence along the latter line north 72 degrees 02 minutes east two hundred sixty-six (266) feet, more or less, to the easterly line of Reesers Road; thence along the latter line in a northerly direction, by its various courses and distances one hundred eighty-five (185) feet, to the place of BEGINNING. BEING Lot No. 3 and the greater portion of Lot No. 4, Block E, on the Plan of Lots of St. John's Place, said plan being recorded in Plan Book 5, Page 36, Cumberland County Records. HAVING thereon erected a two- story brick dwelling house with at- tached garage (previously referred to as a one story in prior deed), numbered 250 Reeser Road. Parcel Identification Number 10-20-1846-095. BEING the same premises which Kerry N. Hitt and Jeanne L. Vannuys- Hitt, husband and wife, by Deed dated May 12, 2004 and recorded May 14, 2004 in Cumberland County in Deed Book Volume 262 at Page 4847, granted and conveyed unto Kerry N. Hitt and Jeanne L. Vannuys- Hitt; husband and wife. ALSO BEING the same prem- ises which Helen J. Dmochowski, by Cheryl M. Dmochowski-Zeigler, her Attorney-in-Fact, by Deed dated Feb- ruary 25, 1994 and recorded March 2, 1994 in Cumberland County in Deed Book volume 102 at Page 202, granted and conveyed unto Kerry N. Hitt. PARCEL IDENTIFICATION NO: 10-20-1846-095. premises: 250 Reeser Road, Camp Hill, PA 17011, Hampden Township, Cumberland County, Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN David Wittle, a single man and Wendy A. Lorenz, a single woman, as joint tenants with right of survivorship, by Deed from Kerry N. Hitt and Jeanne L. Vannuy Hitt, hus- band and wife, dated 02/03/2006, recorded 02/14/2006, in Deed Book 273, page 852.