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HomeMy WebLinkAbout96-01561 G '~~ 1 " ""'\ i J j , '1 ~ J ~~ ! I i ! I ~ r ~ J ~ ~ /... 1 ; I i i I I 1 j ! . !, . ~ Mellon Mortgage Co., S/B/M/T Metmor FinancIal, Inc, ^ssignee of the Dime Savings Bank of New York, FSB,Assignee of Margaretten & Company Inc" -vs- James M.Ditzler, Jr. and Monica A. Ditzler In the Court of Common Pleas of Cumberland County, Pennsylvania No, 96-1561 Civil Term R, Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED, Sheirff's Costs: Docketing Posting Bills Advertising Mileage County Certified Mail Levy Postpone sale Surcharge Share of Bills Poundage 30.00 15.00 15.00 4,34 1.00 3.45 15.00 20,00 24.00 22,50 3.01 $ 153.30 Advance costs Sheriff's Costs 1000.00 153.30 $ 846.70 refund to 8tty 4-21-99 So a~~~ Sworn and Subscribed To Before Me R. Thomas Kline, Sheriff " /,. By ~t~'i'" ~. , 7Jr Real Estate Deputy This ...l'lt#, Day of ({ J)" 'p ~ I 1999, ^.D'~" (,'./hilt.. l~' othonotary , , ' I, c'V -' 'r Ol SIIOlW L\KE TIllS :'oiO no: .\,",0 rill': \\ HI r OF E\EClTIO", ro 'O{l{ L.\ W'r ER ..\T O'CL IF YOC DO :'oiOT 11,\ \E ,\ 1..\ \\'1 EIH)I{ C\,"HH ,\FFORD O"'E. GO TO OR TH.EPIIO'f. TilE OFFICE SET F01UIl HEL.O\\ TO FI:'oiD OL)' \\ IlErH: YOC C\'i <a:T U:C;,\L ,\O\'ICL Cumherl:ullt Lanycr I{ct'crral Scn ke Cuurt .\dministr:lwr . Jrd Fluul' Cumherland Couuty Cuurthuuse Carlisle, P,\ 1711IJ Telephone: (717) (1'17.IIJ 17 YIlU may l];.Iw i<:gal nghls 10 prevent Ihe Shenfl\ S.lie ,md the h"" "t' Y"llr pr')peny, In Ilrder III e:<erclsc Illllse rights. prolll1pt .ldlOl1 ')11 Yllur part is I1ccessdry ,\ lal'yer mdV he ah!e to help Yt)u. 'I uu may have Ihe nght to prevent or delay the Shen ft\ S lie hy ti Img. bet'lre the sale 'lCeurs. a petition to open ur slrike Ihe Judgment ur a petltiun tu stay the exeCUllun. If the judgment was entered because you did not tile with the C'lun any detense or objectiun you might have within twenty 120) days alter service 'lfthe Complaint t'lr \hmgagc F,'red'lsure .md Notice to Defend, you may have th~ right to have the judgment opened in you prllmptly tile a petition with the Court alh:ging a valid detense and a reasonable excuse t'lr tailing to rile the det'ense on time, If the judgment is opened, the Sherif!'s Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid daim to foredose the Murtgage, You may alsu have the rightto have the judgment stricken if the Sheri tf has not made a valid return of service of the Complaint :Jnd Notice to Detend or if the judgment was entered before twenty (20) days after service or in certain other events. To exetcise this right. you would have to tile a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the e,~ecution and the Sherin's Sale if you can show a detect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sherin's Sale set aside if the property is sold for a grossly inadequate price or if there arc detects in the Sherit'!'s Sale. To exercise this righl. you should file a petition with the Court after the sale and betilre the Sheriff has delivered his Deed to the property, The Sheritfwill deliver the Deed ifno petition to set aside the sale is filed within ten (10) days from the date when the Schedule uf Distribution is tiled in the Oftiee of the Sheriff. Louis p, Vitti. Esquire :\Itllmey ti)r Plaintiff 'Jill Fitih Avenue Piltshurgh. PA 15219 (-\12) 2SI.1725 **TlIE DEBT COLL.ECTOR IS ,-\TTE1\lJYfI:'<G TO COLL.ECT A DEBT AND ANY I:\FOIn1..\TIO~ OBTAI:'oIEO WILL BE USED FOI{ TII:\T I'IJRPOSE.** . . WRIT OF EXECUTION andlor ATTACHMENT COMMONWEAlTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N096-1561 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: TosatiSfylhedebl.interestandco~bb,&n r-brtgag.. Co., s/b/m/t Mt<t.roor Financial, Inc., Assign"" 0: thd Di.Jn.. Savings Bank of NdW York, FSB, Assign""" of Margardttdn &0 Co., Inc. PLAINTIFF(S) f J~s M. Ditzldr, Jr. and r-bnica A. Ditzldr, his wifd, 1207 Pind Road, Carlisld PA rom 17013. OEFENDANT(S) R..el dstatd locatdd at (1) You are dlrec1ed 10 le~y upon the prope~y oJ' Ihe delendant(s) and 10 sell 1207 Pind Road, Carlisld PA 17013 (Scd attachdd Idga1 ddscription). (2) You are also directed 10 allach the prope~y 0' the defendant(s) nolle~led upon In the possession of GARNISHEE(S) as follows: and to nolny the gamlshee(s) that: (a) an attachment has been issued: (b) Ihe gamishee(s) Is/are enjOined from paying any debt to or for the account of the defendant(s) and from dell~erlng any property of Ihe defendant(s) or olherwlse disposing thereof; (3) If property of thedefendar,l(s) not le~ied upon an subject 10 allachment is found in the possession 01 anyoneolher than a named garnishee. you are direc1ed to notify him/herthal he/she has been added as a garnishee and Is enjoined as above staled. Amount Due $96,366.98 L.L. Interest ~/~la?3~2~/9/99 $2,869.18 Due Prothy $1 nn Ally's Comm "10 O1her Costs Ally Paid $823.24 ,. Plalnlnf Paid . ~ . Date: Fdbruary 22, 1999 CURTIS R. LOOG by: Name REQUESTING PARTY: Louis P. Vitti, Esq. 9i6 Fifth AVdnUd Deputy Address: Allorney for: Telephone: Supreme Court 10 No. Pittsburgh PA 15219 Plaintiff (412) 281-1725 01072 ,,-. ......;. p'-,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MELLON MORTGAGE COMPANY, s/b/m/t METMOR FINANCIAL, INC., Assignee of THE DT.ME SAVINGS BANK OF NEW YORK, FSB, Assignee of MARGARETTEN &0 COMPANY, INC., Plaintiff, vs. No. 96-1561 Civil Term JAMES M. DITZLER, JR. and MONICA A. DITZLER, his wife, Defendants. AI'J'IDAVI'l' 01' SBRV:ICI: I, Danielle Lardg, do hereby certify that a Notice of Sale was mailed and served upon all Lien Holders, by Certificate of Mailing for service in the above-captioned case on April 13, 1998, advising them of the Sheriff's sale of the property at 1207 Pine Road, Carlisle, PA 17013, on September 2, 1998. LOUIS P. VITTI & ASSOCIATES, P.C. BY_~~ J~ Danielle Lardo SWORN to and subscribed before me this 19th day HOloU dl rA;)1 Ann M Gtll1l,)Il:lJ NOfdty Public PlftsfJUn)h. /4ll6qheny COtIIty '-"'I Cn0lr11f!,;,i1Oll Eqlires Aug 17,2000 ,11;111 er, ~1n5)lva IJ Assoc, 'I"'" 01 It! U lJF;)(;ll'l 0- Oflf\, ^ / . <-~O (1Jk,I o of August, 1998. (Aj\!\ /\/" Yl1 Notary Public ~ P fA 'AV' L CERTIFICA n OF MA1lJ.! MAY 8F. USED 1I0R DOMES fie AND INfl:RNAflQNAL MAll. OOES NOT PAOV'O"O , <A _ ~q~VW 'hI'... . -r:Vrrrf7:l/\' >4 '... ~ L J, 9lh I if Iii ':,ltiil;l_ --I!U-.k.f4;i",il ~~l.J (411) :0117::'5 R,cllwed From One Pl.ce at ordlnarv mllll oJddreu.d to __0- , . Bureau..Q!. Camp 1 L;ln{"~ Clearance Support SectIon Sept. 281230 HarrIsburg, PA 17128-1230 --xttn:--~usan Blough PS Form 3817. Mor. 1989 t,;; ; '.~ One Dlllce 01 ordlnqry milll addreullld 10 Tgn:lnt"/nC"rl1p~n" i207 P.i.lle Road Carlisle, PA 17 o-n-- PS Form 3817, Mar 1989 ~, AU'. t.. t\afl In Slamp' or IM,.r po"1p .nd poa' mil'''. lnQUlf.' q, P'ltnHISlef ror au"." f~.., ". \ -'<1, " f Alfl.. ,..Nr.ln stamp. or m..., ~. ."d po" m..k, l"qulI'II" PO.lm..1M for cuu.., '.., Mellon Mortgage Co., sIb/mlt In the Court of Common Pleas of Metmore Financial, Inc. Assignee of Cumberland County, Pennsyl~unia The Dime Savings Bank of New York, FSB No. 96-1561 Civil Term Assignee of Margaretten & Company -vs- James M. Ditzler, Jr. and Monica Ditzler David McKinney, Deputy Sheirff, who being duly sworn according to law. says on September 30,1999 at 11:59 o'clock A.M. EDST, he posted a copy of Real Estah: Writ Notice Posler and Descriplion on the property of James M. Dillh:r, Jr and Monica Ditzler located at 1207 Pine Road, Carlisle, Cumberland Counly, Pennsylvania according to law. R, Thomas Kline, Sheriff, who being duly sworn according 10 law, says he made diligent search and inquiry for the within named defendants to wit: James M. Ditzler Jr and Monica Ditzler, but was unable to locate them in his bailiwick. He thcrdi.m: deputized the Sheriff of York Counly 10 serve lhe above Real Eslate Writ Notice poster and Description according to law, York County Return: Personally served James Ditller Jr at 121 J Dewrs Road, Dovcr, York County on October 7, 1999 at 7:45 p,m, so answers: 1. Martin Dcputy Shcriff. York County. I hereby certify and return Not Found because I am unahle to locale Monica Ditller in York County. New Address 536 Graham Woods Road, Carlislc, PA, Per James Ditller Jr. So answers: William M. Hose, Sheirff York County. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ NOlice Poster and Description in the followinllmanner: The Sheriff mailed a notice of the pendency of the action to one of the within muned defendants to wit: James M. Ditzler, Jr. by Certilied Mail Return Receipt Requesll::d, Restricted Delivery, Deliver to Addressee Only to his last known address 1213 Devers Road, Dover, Pennsylvania. This letter was mailed under the date of Septemh.:r 30, 1999 and received by James M. Ditzler Jr, on October 7, 1999 the return receipt card signed by James Ditzler, Jr. R Thomas Kline, Sheriff, who being duly sworn according to law. says he served the above Real Estate Writ Notice Poster and Description in the lilllowing manner: The' Sheriff mailed a notice of the pendency of the action to one oflhe within named defendants to wit: Monica Ditzler by Certified Mail Return Receipt Requcsted, Restricted Delivery, Deliver To Addressee Only to her last known address, 1213 Dewrs Road, York, Pennsylvania. This letter was mailed under the dale of September JO. 1999 and returned to the Sheriffs Office on OctoOcr 7. 19119 with rcason chccked Attempted Not Known, R, Thomas Kline Sheriff, who heing duly sworn acconling to law, says he served the above Real Estate Writ NOlice Poster and Descriplion in the following manner: The Sheriff mailed a notice oflhe pendellcy of the action 10 olle of the within named defendants to wit: James M. Ditller, Jr. hy Iirsl class mail to his last known address 1213 Devers Road. Dover, Pennsylvania. This lettcr was mailed ullder lhe .lute of October 14, 1999 and never returned to the Sheriffs Omce. R. Thomas Kline, Sheriff, who heillll duly sworn accordinlllo law, says he served the above Real Estate Writ Notice Poster alld lles.:riplillll ill the 1,.lIowing manner: The 4 . NOTICE OF SIIERIFF'S SAU: OF REAL ESTATE PUI~SU,\NT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 312').1 TO; Jamcs M. Ditzler Monica A. Dilzler 1207 Pine Road Carlisle. P A 17013 AND; ALL LIEN HOLDERS TAKE NOTICE that by virtuc of the above Writ of Excculion issucd out of the Court of Common Pleas of Cumbcrland County. Pcnnsylvania and 10 lhe Sherill' of Cumberland County. directcd, there wiII be exposed to Public Sale in on December 8, 199911t 10:00 A.I\I., the toIlowing dcscribed rcal estate. of which James M. Ditzlcr and Monica A, Ditzler arc owners or repuled owners; in the Township ofDickinson, Cumberland C\y. Cmwllh, ofPA. HET a dwg, kla 1207 Pine Road, Carlis)e, PA 170\3, Parcel # 08-120334-018. The said Writ of Execution has issued on a judb'1l1enl in the mortgage foreclosure action of Mellon Mortgage Company et al. vs. James M. Dilzler and Monica A. Ditzler al No, 96-1561 in the amount of $96,366.98, Claims againsl property must be filed althe Office of lhe Sheriff before above sale date. Claims to proceeds musl be made with the Office of the SheritTbefore the sale date. Schedule ofDistribution will be filed with the OIl1cc of the Sherill' no laler than thirty (30) days from sale dale, Exeeplions to Distribution or a Petition to Set Aside the Sale must be tiled with the Office of the;'~ Sheriff no later lhan ten (10) days from the dale when Schedule of Distribution is tiled in the Office of&):" ~~ - Attached herelo is a eopy of lhe Writ of Execution. It has been issued because there is a judgment,',,>, against you. It may cause your property to bc hcld or taken to pay the judgment. You may have legal rights . i.t"f 10 prevent your property from bcing taken, A lawyer ean advise you more speciticaIly ofth~'5c rights, Ifyoui2,~" wish to exercise your righlS YOll must act promplly. . ;V'~ .,''''' '.<. -.".", y\,lhl", . ......~ , . . YOU SIIOUl.D TAKE TillS NOTICE ,\NO TilE \HUT OF t:XH:UTIO~ TO YOUR L\ WYER AT ONCE. IF YOU DO NOT HAVE A l.A WYER OR CA:'l:'lOT AFFOIW ONE, (;0 TO OR TEl.EPIIONE TilE OFFICE SET FORTH BEl.OW TO FI~O Ol'T WIIERE YOU CAN GET l.EGAl. ADVICE. Cl!MBERL\NO COUNTY BAR ASSOCIATIO:'<l 2 UBERTY" VENlIE CARlISl.E. PA 171113 TEl.EPIIONE: (717) 2"'J-3 I 611 You may have legal righls to prevenllhe Sherin's Sale and the loss of your property. In order 10 exercise those righls, prompt action on your part is necessary. A lawyer may be able 10 help you. You may have the righlto prevent or delay the Sherin's Sale by tiling. hctllre the sale occurs, a petitiollto open or strike the judgment or a pelilion 10 stay the execulion. I I' the judgment was entered because you did not tile with the Court any defense or objection you might have within twenty (20) days after service oflhe Complaint lor Mortgage Foreclosure and Notice to Defend. you may ha~e the right 10 have the judgment opened in you promptly tile a petition with tht: Court alleging a valid dctcnse and a reasonable excuse tor tailing to tile the defense on time. (I' the judgment is opened. the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plainliffhas a valid claim to toreclose the Mortgage. You may also have the right 10 have lhe judb'11lent slricken i I' the Sheri 1'1' has not made a valid return of service of the Comp(ainl and Notice to Detend or iflhe judb'lllent was entered betore twenty (20) days after service or in certain other events. To exercise this righi, you would ha~e 10 tile a petition to strike the judgment. You may also have the righllo petilion lhe Court to stay or delay the execution and the Sheriff's Sale if you can show a detect in the Wril of Execution or service or demonstrale any other legal or equitable right. You may also have the right to have lhe Sherin's Sale set aside iflhe property is sold for a grossly inad~'ljuate priec or if there are defects in Ihe Sherin's Sale, To exercise this right, you should tile a p'lition with the Court atter lhe sale and before the Sherin'has dcliv'cred his Deed 10 the property. The Sheriffwill deliver the Deed if no petitioll 10 sel aside the sale is tiled within ten (10) days lTom Ihe date when the Schedule of Distribution is tiled in lhe Ollice of the SheritI ./~!3~ LOUIS 1'. Vitti. ESlluire Allorney (llr PI.linti IT l) 16 Fifth Avenue Pittsburgh, I' A 15219 (412) 2XI-1725 UTilE DEIH COLlECTOR IS ATn:I\IPTING TO COl.l.ECT A DEBT AND ANY INFORMATION OBTAINED WIl.l. BE USED FOR TIIAT I'URPOSE.** .. ...... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Sworn I Under Ret Ho, 581. RDDroued May 16, 1929 Commonwealth of Plnn.yl~.nl., County of Dluphln} .. Michael Morrow being duly sworn occording to low, deposes ond soys: That he Is the Assistant Controller uf THE PATRIOT.NEWS CO., a corporation organized and axlstlng undar tne laws 01 the Commonwealth or Pennsyl~anla, with Its principal office and place of business at 812 10 818 Markel Streel, In Ihe City of Harrisburg, County or Dauphin, State 01 Penneyl~anla, owner and publisher 01 THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS newspapers 01 general circulation, prlnled end published at 812 to 818 Market Street, In the City, County end Slele aforesaid; that THE PATRIOT. NEWS and THE SUNDAY PATRIOT.NEWS were establlahed March 41h, 1854, and Sliplember 18th, 1949, respectl~ely, and all ha~e been continuously published e~er since; That Ihe printed notice or publication which Is securely allached hereto Is exactly as printed and published In Ihelr regular dally and/or Sunday and Melro edltlonsllssues which appeared on the 26th day 01 October and Ihe 2nd and 91h day(s) or No~ember 1999. ThaI nelthar he nor said Company Is Interested In the aubject mailer of said printed notice or ad~er1lslng, and thai all of the allegations 01 Ihls slatament as to Ihe time, place and character 01 publication are true; and That he has personal knowledge of Ihe facts aloresald and Is duly aulhorlzed and empowered to ~erlfy thla slatemant on behalf 01 The Palrlot.News Co, alcreaald by ~irlue and pursuant to a rasolutlon unanimously passed and adopled severally by Ihe stockholders and board of directors of Ihe said Company and subsequently duly recorded In the oltlce for the Recording of Deeds In and for said Cou y (DaU n In Miscellaneous Book 'M", Volume 14, Page 317, I PUBLICATION \; COpy 8 ALE 141 . . _ami UU....41 . ....... ...1111 .... ,CIvII_'. ....... .....:1 11 Call1f!ll1V .......~~ ........ It..........-.... . i ;. ...., Uanla8 Aolllillw . . ; ".' AII=". . I ALL 1HAT CERl'Al~ of find .1...... In .. 1bwnIhIP of QlddllIOll, (:aIInIf of Cur/IIlllIIIlId IIId ~ or ! PIIn~"1MXlndId INS 1111 j lied .. 1~~II':'=atln~her's Receipt for Advertising Cost ; =r lL IJnr. ':.-~=. of THE PATRIOT.NEWS end THE SUNDAY PATRIOT.NEWS, newspapers of general j w.a ==.....10 a _In elpt of the aforesaid notice and publication cosls and certifies that the same ha~e \1lIId ~__lJt ~~ THEPATRIOT.NEWSCO. IIlInrY _. .- CII , Euler. ...... ~lWO ..... w:: I:-~~~~ at By................................................................... : tonnII1y of Gel)rglI ~ 1IIIncIlJt find , .- " lDllnoNly '" GeorDe LIne North i lMnIY-......lIrid anHon1fi ~~ '=~~--~.:$ .......1luI_ o.s lloOII II, VOl. 5. 424 IDt 0lllNCl _ of North .....1Ild QM 11.1111 dIareM Eat) ~ _1Ild ...... lIl1lha lr:I. _ ofllnd .- C1111lnn1lly of GICll'gILlnel1lllncllJt IInd 11M CII IormIfty of 0IllllII LIne =- '"':'1:"'.....-:-BE~:: 1 CONTAINING - IllII encI ~ ~1IId DPg ~ _ alriml iIwIIng IIal8e, ...,. DIm IIId cIlICllIn Iloo:lNQ ... .......~ which Kathy Ann ~ II1CI . L. Ml:CInlle, lJt _ o.s d118d ~!!l1 and NoonIId JAiIoI 25, 1 1 In UDYT34, p. ~;r~~::': - Nolall IS I r any L Russell, l,lty Public II,UlI'>l/urQ, (Jauj::h1n COllnty My COlllrTIt~~ltln E'rllr6S Juno 6, 2002 Momb,". """"'v, '''',' "SO"M~ CldI1WItlllllon expires June 8, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE OOUR'MlUSE CARLISLE, PA. 17013 Statemenl of Advertlslna Cosls To THE PATRIOT.NEWS CO., Dr, For publlahlng Ihe notice or publlcallon allached herelo on the abo~e staled dates Probating same NOlary Fee(s) Tolal $ $ $ 320.81 1.50 322,31 , ' PROOF OF PUBl.ICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587. approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERI.AND : 55. Roger M.Morgenthal. Esquire, Editor ofthc Cumbcrland Law Journal, oflhc Counly and State aforcsaid, bcing duly sworn, according to law, dcposcs and says thai the Cumberland l.aw Journal, a legal periodical publishcd in thc Borough of Carlisle in the County and Slale aforesaid, was established January 2, 1952, and dcsignated by the local courts as lhe 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 thatlhe printed notice or puhlication attached hereto is exactly thc same as was prinled in Ihc rcgular cdilions and issues of the said Cumberland Law Journal on the following datcs, viz: OCTOBER 22, 29, NOVEMBER 5. 1999 Affiant fUI1her deposes that he is authorized 10 vcrify this statement by lhe Cumberland Law Journal, a legal periodical of general circulalion, and lhat he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statemenls as to time, place and character of publication are lrue, IlJ:AJ. ElITATJ: IIAUl: NO. 41 Wrtt No. 06-1561 Civil Mellon Mortgage Company. sib/mIl Melmor Financial. Inc. A8slgnee o(The Dime Savtngs Bank o( New York. FSIl. Assignee of Marg.1retten & Company. Inc. v.. James M. Ditzler. Jr. and Monica A. Ditzler Atty.: Louis P. Villi LEGAL DESCRlPI10N ALL T1L\T CERTAIN tract o( land situate In the TownshIp ofOlcktnson, County of Cumberland and State of Pennsylvania. bounded and de. &Cl1bed iUI follows: DEGINNING at it slone! In the Pllle Road online of land now or formerly of Geoq~e S. Wne: lhrnce nlollJ( Stilt! road Soulh rllrty-nve and one-Imlf dCMrces West thirty and fnur tenth to a corner In said road: thence by land ' formerly of Henry Miller. now or for. merly of Mrs. Easler. North twenty. two dew-ees Wrst ~venteen and two tc~'l\th to ill'Urlll'r 1111(' orlmul fOrlllerly nf W. A, Corft~y, nnw nr furnlt'rlv flf Gl'lIrlol,l'(.IIlt': Illc'llIc'ln; I.Hlli tlllW Ill" fnrl1lt'rlv III (~c'l)rl.!." 1.1Ilt' Nunh ..f'" , elllv IlIn'c' ,lIlfl '1111' It'nth t1t'c.n','" 1,:"..1 (lll,U\Hl'tt'lltly slitlt'd ;lIul 1"11\111',1 a~ Nllrth thirteen and OIU' tenth Ill" Jlrr(' l'ilst In 11I111r c1l'rd!i, hut !iC"r:' Dertl Uook K, Vol, 5, POIJlt' 424 fllr corrrl't cour~ of North st'\'l'l1ty-threl' illld , one tenth dr~ec!l East) twrnty- ~ell and Jllne tenths to a COfTIrr of lalld now or formrrty of Grorlle L1l1r; /l ,,;7y)?[- Roge 1101, Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this -2..-dayof NOVEMBER. 1999 A 1M SEA LOt& !. SNYOER, NoIU'JO Publ.. Corllole So"'_ Cu.,borlond County. 'A '"'1 Com."..... E.pl," ''''",h 5. 200 I \ f I . /.' PROOF OF I'l'IlI.1CATH 1'1 OF 'lOTIO: IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), p, L.1784 STATE OF PENNSYL VANIA : COUNTY OF CUMBERLAND : u. Roger M. Morllenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, bcing duly swom, according to law, deposcs and says thatlhe Cumberland Law Journal, a Icgal periodical publishcd in the Borough of Carlisle in the County and State aforesaid, was cstablished January 2, 1952, and dcsignated by the local courts as the ofliciallegal pcriodical for the publication of alllcgal noticcs, and has, since JallUary 2, 1952, been regularly issucd weekly in the said County, and that the printcd noticc or publication attached hcrclo is cxactly lhc same as was printcd inthc regular editions and issucs of the said Cumberland Law Journal on the following dates, VIZ: OCTOBER 22, 29, NOVEMBER 5, 1999 Afliant further deposes that he is authorizcd 10 verify this stateme.nt by lhe Cumberland Law Journal, a legal periodical of gencral circulation, and thai he is not intercsled in the subject maller of the aforesaid notice or advcrtiscmcnt, and that all allcgations in the foregoing stalemcnts as to lime, placc and charactcr of publica lion are true. REAL ESTATE SAlol: 1'10, .1 .., Writ No. 96-1561 CIVil Mellon Mort~lJ(e Company. sIb/mil Metmor FIn.lI1Clill. Inc. AssIRnee oC111e Dime Snvtlll(!I Bank or New York. FS(]. AsSlltnee or MarJ(aretten &: Comp.my. Inc. YS. JilInes M. Dllzler. Jr. and Montca A. Ditzler Ally.: Loul. P. Villi LEGAL DESCRWJ'lON ALL THAT CERTAIN lrilct of lilnd situate In the Township ofDlck.1n60ll, County of Cumberland and State or Pennsylvania, bounded and de- scribed il. follows: BEGINNING ilt il slone In the Pine Road on line of land now or formerly of Georl(e S. Une: thence along said rand South Corty-nve and one-halC degrees West Ulh1y and Cour tenth to a comer In said mill: thence by land formerly oC Henry MUlero now or Cor. merly of Mrs. Easler. North twenty. two degrees West seventeen and two tenth to a corner line of land formerly of W. A, Correy 0 now or formerly of Geor)l,e Ltnt": l!lt'IIU' hy l,lIu\ IIIIW or formerly or r.t"or~(O l.\lll' Nllrth ..~.... rnly-thrre illHI Ollt' l,ollllt IhoAfl'es Eilstllnmlvl"rtenlly stated allll copied as North thirteen and one tenth de- lVer east In prtor deeds. but see Deed Dllok K, Vlll. 5, ""~e 424 for cllrrecl course of North M'..'enty-thrre and one tenth degrees EastltwC'uty.seven and rune tenth. 10 a corner of land now or formtrly of Gron~e Line: thence by land now or formerly of Gtor# (Jne South IW'eU1y'lwodell,Ifts E.lst two prrcht's to lhe Plill'(' of UE. GINNING, CONTAINING olle aae ;IIltl tll~.hly ptrcht"!i ami I}("Ul~ ullpru\,t"tl wttll a frame dwelllll~ hUlISt.". "imall h;lrn onnl chlt'ken h()ll~, BEING the !'tamt" pruprrty wludl K.lthy AJln McCardle .HHI Mldlilt"l L, McCanlleo by their [)(t"tl tlatttl.J.H1u- ary 25. 1901 ami record~d .July 25. 1991 tn OBV Y34. p, !j7:J. ll.romtrd ,,",1 rnm.'.",:rtlllnto.Jal11l""i M. 01l111"r. /;/ ~,3J}Jl_~ Rogc M, Morgcnlhal, Editor SWORN TO AND SUBSCRIBED before me lhis --L-dayof NOVEMBER. 1999 IAl SEA lOlS f. SNYDER, Notary !'ubli< Corflole lon>, Cumborlond County, 'A l,Iy Comool..... bpi," Mar<h 5. 1001 , I, I L I . / .' L~ . L. ' ,..~ t e ~ ~) ~ --...... ..... ~ J .~ '. ~ <...J ~ \.J-': OJ J ~ ...... \ p-' ..."'"'l ~ r'l( ~ .. ~'~ 0., ~ " .j ct: ~ --::::r- ..l. )i. ~ _. ,,\""1 \' '....J ........... ~ ',,--, , . , \..; c_' .....-,. '. ... ,~ ~ l/' ,~ . - -.,:: - .... .3 ~ ~ lD --- ~ ~f~ -< ,. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION MELLON MORTGAGE COMPANY, slb/m/t METMOR FINANCIAL, INC" Assignee of THE DIME SAVINGS BANK OF NEW YORK, FSB, Assignee of MARGARETfEN & COMPANY,INC" PlainlilT, vs, : No,: 96-1561 Civil Tenn JAMES M. DITZLER, JR, and MONICA A. DITZLER, his wife. Defendants, PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the PlaintilT and against the Defendant(s) in the above- captioned matter as follows: Amount Due $96,366,98 11 Interest (4/8/98-9/2/98) at $18,3922 2,722,05 Total J99.089.0J The real estate, which is the subject matter of the Praecipe for Writ of Execution is si_ lhe Twp, of Dickinson, Cumberland Cty, PA. DBV Y34, p.573, HET a dwg k/a 1207 Pine Road,' PA 17013. Parcel No. 08-120334-0)8,_7'( ( '.) ,_. /)llL~( ) Vpj Lours P. Vitti, Esquire Attorney for PlainlilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION MELLON MORTGAGE COMPANY. sIb/mlt METMOR FINANCIAL, INC" Assignee of THE DIME SAVINGS BANK OF NEW YORK, FSB, Assignee of MARGARETIEN & COMPANY,INC" PlaintifT, vs. No.: 96-1561 Civil Term JAMES M. DITZLER, JR, and MONICA A. DITZLER, his wife, Defendants, AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of Mellon Mortgage Company, et a1. am familiar with the above-captioned case and various servicing activities related thereto and that the provisions oflhe laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in \be above-captioned case. + / . '( . " ,"\ jwtr' ;/dtrC' )V.~ ~ ...... Lours p, Villi. Esquire Allomcy for Plaintiff SWORN to and subscribed before me this 7th day of April, 1998. ;;" ~. I. 't:uv In Notary Public 1-'''',<, . ~(' ..).t.......'DIi t. ~,~_J,'..;jl...,' , '~n - J't"." ~/ .I . E.rp,r....., A~(J/Jrll,. ~:It,~./.-#,.; ~~ "'c;Tu Ifl'n J'f'?,""" . Bureau of Carlisle (Water & Sewage) 53 West South Street Carlisle, P A 17013 Court of Common Pleas of Cumberland County Domestic Relations Division Onc Courthousc Squarc Carlislc, P A 17013 Commonwealth of PA -DPW P,O. Box 8016 Harrisburg, P A 17105 Bureau of Compliance Clearance Support Section Depl. #281230 Harrisbuig. PA 17128-)230 Attn: Susan Blough Tenant/Occupant 1207 Pine Road Carlisle, P A 17013 ( 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, Section 4904 relaling to unsworn falsification to authorities, April 7. 1998 Date '-f)i .~.. . I, /J(h.t~_.Ji.JVj Louis P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 7th day of April, 1998. (t'x,. . '-7J) Notary Public 'iflr,..w..' .\ A.&._ P'1T(:~. ll0:I. '" 'OYP ~";:~ A;/~h N~l/,,:; }' I -un E>ci, ""1""" "tN' (./.' ".".~ nljo . . ~- ~, " /t;<,U":U' .~ , It.f I ~ NOTICE OF SHERIFF'S SALE OF REALESTATEPURSU~~TTO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: James M. Dilzler Monica A, Ditzler 1207 Pine Road Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtUe of the above Writ of Execution issued out of lhe Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse on September 2, 1998 lit 10:00 A.M., the following described real estate, of which James M. Ditzler and Monica A. Ditzler are owners or reputed owners: in the Twp. ofDickinson, Cumberland Cty, PA. DBV Y3~, p,573. HET a dwg kla 1207 Pine Road, Carlisle, PA 17013, Parcel No. 08-120334-018. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Mellon Mortgage Company, et al. vs, James M. Ditzler, Jr. and Monica A, Ditzler at No. 96-1561 in the amount of $96,366.98. ~ Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. ' . Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. You may also ha~e the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sherift's Sale, To exercise this right. you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property, The Sheriffwill deliver the Deed if no petition to set aside lhe sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff, Louis p, Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ~ " "THE DEBT COLLECTOR IS ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE," r........... \ V)) \."..J - 11.'- V) t::- I::: ~; r!'; ( . ','/ , ..; ._~. I C'... ..- II ':";,j r. lJ.:. "J.. '.1 ~ :1 1_..... ::"J -Q ;N ~ ~ "SJ '(")-:::t" . :,~ _ \ ~ k:,+ ~ ~ 1...--;-..5 I~ ~ ., 'v>......j,~ "1 -..;:J - l.() '..:... f'. - , - J ~ . -t. ......... . n"" ~ J3 c,~. '--> ~ J ~ ~ C"-! - '-.:) ~ (j ~ ~ l'-. ~~ ~~ ., \.n " ~ ':... ! " '. , , , , , , Co I ~. Li l, (..; ,If.\" , r,~) ._l :;"1 U 4, Name and address of the last rccordcd holdcr of e~ery mortgagc of rccord: Namc Addrcss (Plcase indicatc iflhis cannol bc rcasonably ascertained) New Cumberland Fcderal Credit Union 619 Bridge Streel New Cumberland, P A 17070 Beneticial Consumer Discounl Company I Soulh Hanover Slreel Curl isle, PA 17001 5, Name and address of every olher person who has any rccord lien on thc property: Name Addrcss (Plcasc indicalc if this cannot bc reasonably asccrtaincd) NONE 6. Name and addrcsa of every other person who has any rccord inlcrcst in or record lien on the property and whose interest may be affecled by the sale: Name Address (Plcase indicale if this cannot bc rcasonably ascertaincd) NONE 7. Name and address of every other person of whom lhe Plainliffhas knowledge who has any interest in the property which may be aftectcd by thc salc: Name Addrcss (Please indicale if this cannot be reasonably ascertained) Capital Tax Collcction Bureau 19 South Hanover Street Carlisle, PA 17013 Bureau of Carlisle (Water & Sewage) 53 West South Slreet Carlisle, P A 170 \3 Court of Common Pleas of Cumberland County Domestic Relations Division elo Richard K, Bclts P.O, Box320 Carlislc, PA 17013 Commonwcalth of P A -DPW P,O, Box 8016 Harrisburg, P A 17105 ~'. 'l. . '. 1._ ~ , -. I..! .-- ., , , r_ I,~; L <-. .:"~ n"1 .' C.\ (J -'." ' -. YOU SIIOULD TAKE TillS NOTICE AND TilE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT IIA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE TilE OFFICE SET FORTII BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPIIONE: (717) 249-3166 You may have legal righls 10 prevent the Sheriffs Sale and the loss of your property. In order to exercise those righlS, prompl action on your part is necessary. A lawyer may be able to help you, You may have the right to prevent or delay the Sherin's Sale by filing, before the sale occurs, a pelition to open or strike the judgment or a petition to stay the execution. I f the judgment was entered because you did not file with the Court any defense or objection you might have within twenly (20) days after service of the Complainl for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgmenl opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse lor failing 10 file the defense on time. If the judgment is opened, the Sheri fl's Sale would ordinarily be delayed pending a lrial of the issue of whether the Plaintiff has a valid elaim to foreclose lhe Mortgage, You may also have the right to have the judgment stricken iflhe Sheriff has not made a valid return of service oflhe Complaint nod Notice to Defend or if the judb'111Cnt was entered before twenty (20) days after service or in eertain other evenls. To exercise this right. you would have 10 file a petition to strike the judgment. You may also have the right to petilion lhe Court to stay or delay the execution and the Sherifl's Sale it'you can show a defect in the Writ of Execution or seNice or demonstrate any olher legal or equitable right. You may also have the right 10 have the Sherin's Sale set aside if the property is sold for a grossly inadequate price or if there are deti.'Cts in lhe Sherin's Sale, To exercise this right, you should file a petition with the Court after the sale and betore the Sherin'has deliver~>d his Deed to lhe property. The Sheriff will deliver the Deed if no pelition to set aside the sale is tiled within len (10) days from the date when the Schedule of Distrlbution is tiled in lhe Ollice of the Sheriff. ., f) /J/ / IJ.[~ ; Yiu-L'J . . Louis P. Vitti, Esquirc Attorney lor PlainlitT 916 Filth Avcnue Pittsburgh. P A 15219 (412) 2111-1725 UTilE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE." "- , V. I ; , , C"'-1 ) 1 .~ I ,- I , .,. I 1 , , (, - .' I, JIll v'; .! ~l... " cn ":j C,) 'J ,. - l -< '. .. (.,) , ., ~l_ - j ) " ~~~ ..- :~ , J ~ ~ , fj --.. ""' _ ~ l.~ -y ()O er.:. '-<-) -...:) .:::t --.......::....:::r- '11 - '"(J r- ....s. t-- - r- r- r- f- rY"> r0 <>.c:::. ~\3 ~ - >- (") ~ c:: i': .. :~ .. "-' LL'C;: - ..' -' (~ ;:.-. '.1 (I. . ..... ,~,-, ',:,or' L. 'J'r ~ :--'1 I.:.)" N " tll'" ", : _J , w...:t c:, ..: ~; ,.. \, , ~. H!j U- ~ _1:l.. n. 0' - 0 , U' U <~ "0 ~ .~ ~. ~ ~ \X) \~~ ,-. ~ "- C'. ;.- L~ c l-; -'. ).-r: ,.. UJ(J . ~;? (.,... ..~. : ~-~ ~;-- c_ -) .:'J 0'- r 6:, N . '~'t N . .... lllL , c. [~l.' e;-:. >-Ill] ~, l.u , .!n.. J- ~ .. ". c;r\ '3 0 en U . , , ,-" YOU SHOULD TAKE HilS NOTICE AND HIE WRIT Of' EXI':CUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT A Ff'ORD ONE, GO TO OR TELEPHONE 'HIE OHICE SET FORTH Bnow TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland Lawyer Referral Service Court Administrator. 3rd Floor Cumberland County Courthouse Carlisle, P A 17013 Telephone: (717) 697-()317 You may have legal rights to prevent the Shcrin's Salc nnd the loss of your propcrty. In order to exercise lhose rights, promptnction on your pnrt is ncce,snry, A Inwyer mny be nblc 10 help you. You may have the righllo prevent or delay the Sherin's Sale by tiling, betlJre the salc occurs, a petition to open ('r slrike the judgmenl or a petition to stay the execulion, If the judlo'll1cnt was entered because you did noltile wilh lhe Court any detense or objection you might have within tw~'J1ty (20) days after service of the Complnint tlJr Mortgnge Fnr~'Closurc and NOlice to Defend, you may have lhc right to have lhe judgment opened in you promptly tilc a petition wilh the Court alleging a valid detense and a rcasonable excuse tor failing to tile the dclense on time. If the judgment is opened, the Sherin's Sale would ordinarily be delayed pending a trial of the issue ofwhelher the Plaintitl" has a valid claim to toreelose thc Mortgage. You may also have the right to have Ihejudgmcnl stricken il'the SheritThas not made a valid return of service of the Complaint and Notice to Detend or if lhe judgment wa.~ enlered betore twenty (20) days after service or in certain olher events, To exercise this right, you would have to file a petition to strike the judb'll1ent. You may also have the right 10 petition lhe Court to slay or delay the execulion and the Sherill's Sale if you can show a defect in lhe Writ of Execution or service or demonstrate any other legal or equitable right. Y 011 may also have the right to have Ihe Sheri ft's Sale set aside i I' the property is sold t'lr a grossly inadequate price or if there are detects in lhc Sherill's Salc, To exercisc this dght. you should tile a petition with the Court aner the sale and bclore the Sheril'fha.~ delivered his Deed to the property, The Sheritl" wi II delivcr the Deed ifno pctition to set asidc thc sale is tiled within len (10) days from the date whcn thc Schcdulc of Distribution is tilcd in the Oflicc of the Sherift: Louis P. Vitti, Esquire Attorney tlJr Plaintiff 916 Finh Avenue Pittsburgh, P A 15219 (412) 2SI-1725 **HIE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** '- ('0) >- rr; c: ;-;.0: ., J--.' " ,.~ .. lU(""") - , ( )-",.- > :'" , ,,,j-' .:c. 9' .' , .:-::, \~'J '. '..'! lJ N ~'7 _-:.1, C::J 11 rl .:..... ~'",: w .1 tl. u.. " Ch :J 0 0"1 (J ~OMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Pldintiff by its dttorneys, Louis P. Vitti dnd Associ.ltes, P.c. dnd Louis P. Vitti, Esquire, dnd pursuant 10 the Pennsylvdnid Rules of Civil Procedure Numbers 1141 lhrough 1150, for ils Complain I in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is .I corpordlion duly authorized 10 conduct business within the IdWS of the Commonwedlth of Pennsylvania, having a principdl place of business located at 9225 Indian Creek Parkway, Overland Pdrk, Kdnsds. 2. The Defenddnt(s) is/are individuals residing at 1207 Pine Road, Dickinson, PA 17013. The property address is the same and is the subject of this action. 3. On the 25th day of January, 1991, in consideration of a loan of Seventy Three Thousand Two Hundred Forty Eight and 00/100 ($73,248.00) Dollars made by Margaretten & Company, Inc., a NJ corporation, to Defendants, the said Defendants executed and delivered to Margaretten & Company, Inc., .I NJ corpordtion, a "Note"secured by a Mortgage with the Defendants .IS mortgagors dnd Mdrgaretten & Company, Inc., as mortgagee, which mortgdge WdS recorded on the 251h ddY of January, 1991, in the Office of the Recorder of Deeds of Cumberldnd County, in Mortgage Book Volume 1001, page. 985. The said mortgdge is incorpordted herein by reference therelo as though the same were set forth fully at length. 1147(6), Pldintiff demdnds judgment for the dmounl due of Eighty Two Thousand Eight Hundred Thirty and 32/100 Dolldrs ($82,830.32) with interest dnd costs. Respeclfully submitted, LOUIS P. VITTI & ASSOC., P:c. , J . VJJr BY Loui!j-. itti, Esquire Atto/ney: for PJ.lintiff U' 4