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Home My WebLink About00-07807 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CML ACTION - LAW vs, ACTION OF MORTGAGE FORECLOSURE 7lo /J1) - 7901 C;uJ -r ~ BURDELL E. DITZLER Defendant TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint offor any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE TIllS POPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT RA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 A VISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENT ADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO, PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA, RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION, ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA, POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE, SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 \ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs, CML ACTION LAW ACTION OF MORTGAGE FORECLOSURE BURDELL E. DITZLER, Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff -'I ~ I" ~ " , c Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. , vs. Defendant ACTION OF MORTGAGE FORECLOSURE 7Lo, /J1) - 71'0'7 Cwce I~ BURDELL E. DITZLER, COMPLAINT IN MORTGAGE FORECLOSURE 1, Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner of the legal title to the Mortgage subject to the Mortgage in this action and nominee for Household Financial Services, which is the owner of the entire beneficial interest in the Mortgage, with an address of 636 Grand Regency Boulevard, Brandon, Florida 33510. 2. Defendant, BURDELL E. DITZLER, is an adult individual, whose last known address is 121 SPRUCE STREET, CARLISLE, PENNSYLVANIA 17013. 3. On or about, December 15, 1999 the said Defendant executed and delivered a Mortgage Note in the sum of$33,000.00 payable to AMERIQUEST MORTGAGE COMPANY which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office ofthe within County and Commonwealth conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGUSTRATION SYSTMEMS, INC. and will be sent for recording. 5. The land subject to the Mortgage is: 121 SPRUCE STREET, CARLISLE, PENNSYLVANIA 17013. 6. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on May 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: . . l1iT- UNPAID PRINCIPAL BALANCE $31,766.70 $2,679.28 Interest at $12.52 per day From 04/01/2000 To 11/01/2000 (based on contract rate of 14.380%) Accumulated Late Charges $0.00 Late Charges at $24.06 Per Month for 7 months $168.42 Escrow Balance $0.00 Attorney's Fee at 5.0% of Principal Balance $1,588.34 $36,202.74 **Together with interest at the per diem rate noted above after November 1, 2000 and other charges and costs to date of Sheriff's Sale. 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 Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy ofthe Certificate of Mailing, is attached hereto as Exhibit "B". 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. """^ , " ~ .' . WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 14.380% ($12.52 per diem), together with other charges and costs including escrow advances incidental thereto to the date of S eriff s Sale and for foreclosure and sale of the property within described. \>, By: P ELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) , ' I' , ::1ll~"MRb._~1,i;l"""""*"'"'Wti\..iB'''''_~;''''A,!ij~'=''",1'j!&n<''''''~ifi",1l<',,';'-:d"Hk'l[;ii'''l!'AJ:ro;r,'w,,**,.i~t*illi:Ui!iIlIIl!lIil;~~J>~~I~M' C,r:- "j" r'- ,t ,., :JO Un"I' -" , n1dJ J -r......;.: ::(~r..:: '__'I !',.-'L.... 'T'_:-""',ntj.y , , .-' -,,'.JI/il IU'IIO: 5! CU" ''''Ii'>'' {, ",F" "u" UNTY IVI..,,-,,~'u,,\.J Vi PENNSYLVI~NIA ;,UJJ;~.,jL-''"'').'''''d~$i~I,.,L~,_~JJ.,~,,(JUJ,:,~.,.,_, ,L,. _O'~_.' ~.' ",_ '~-"_"~__", ,_"" ~, <~,~ ~... :ilia. I/if ,'+"'-'" . . Loan No. 14534101-5583' ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) , THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. December IS 9 1999 (Date).. ORANGE [City] CA (State) 121 SPRUCE STREET .CARUSLE, PA 17013 [property Address) '. 1. BORROWER'S PROMISE TO PAY In retum for a loan that J have received. I prom[se 1.0 pay U.S. $ 33..000.00 (this amount is called "principal"', plus Interest, to the order of the Lender. The lender is AMERIQUEST MORTGAGE COMPANY I understand that. the, Lender may transfer this Note. The Lender or anyone- who taKes this Note by transfer and who is entitled 10 receive paymenb5 urider this Note is called the "Note Holder." . 2. INTEREST Interest will be cf1arged on unpaid principal until the full amount of principal has been paid. I will pay Interest at a yearly rate of ] 4.380 %. This Interest rate I will pay may change In accordance with Section 4 of this Note. The inlerest rate required by this Section 2 and- Section 4 of this Note Is the rate I will pay both before and after any default described in Seelion 7(8) Of this Note. 3. PAYMENTS (AI TUne and Place of Payments . I will pay prirlcipal and Interest by making .payr,nents every month. I will make my monthly payments on the Urst day of each month beginning on February 1 , 2000 I will make these payments every month until I have paid all of the principal and Interest and any other charges described below that I (Tlay owe under this Note. My monthly payments will be applied to Intarest before principal. If. on .January I' . 2030 , I stili owe amounts under this Note. I will pay those amounts In full on that date, which is called the "Maturity Date." I will make rrlY payments at; 505 SOUTH MAIN STREET. STE. 6000 ORANGE, CA 92868 - or at a differttnt pla_ce if required by the Note Holder. (8) Amount of I\IIIY Initial Monthly Payments Each of my initial monthly payments Will be In the amount of U.S. $ Change. 400.96 This amount may (C) Monthly Payment Changes Changes in_ my monthly payment will reflect changes in the unpaid principal of my loan ;;Ind in' the Interest rate that I must pay. Tho Note Holder will determine my new Interest rate and the changed amount of my .monthly payment In accordance with Section 4 of this Note. . 4. INTEREST RATE: AND MONTHl. V PAY.MENT C~ANGES (A) Change Dates The Interest rate I will pay may change on the flrsl day of Janl,l8l"y 1 . 2003 . and on that day every sixth month thereafter. Each date on which my Inlerest rate could change Is called a "Change Date." (B) The Index Beginning with the first Change Date. my' Interest rate will be based on an Index. The "Index" Is the average of interbank offered rates for six-month U.S. dollar-denomii1ated deposits in the london market rLlBOR"). as published In The WaN Street Jouma/. The most recent Index figure available as of the date 45 days before the Change Date Is called the-"Current Index." If at any pOint In time the Index Is no longer avanable. the NOle Holder will choose a new fndex that IS based upon comparable information. The Note Holder will give me notice 01 this choice. (C) Calculatk?-n Df Changes Before each Change Date. the Note Holder will calculate my new interest rate by adding Seven and One Eighth pe~ntage pOlnt(s) (7.125 %) to the Current Index. The Note Holder will then round the result of this addltl~n to the nearest one-eight of one percent (0.125%). Subject to the limits stated in Section 4(0) below. this rounded amount will be my new interest rate until the next Change Date. The Note Holder win then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at Ihe Change Date In full on the Maturity Oale at my new Interest rate in substantially equal payments. The result of this calculatlon will be the new amount of my monthly payment. lof3 "'+9 I t) 200-IADI(R....6f9:5l Exhibif 'A" 1'_ ,~~ ~" -. ~. . . Loan No. 14534101-5583 (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 17.380 % or less than 14.380 %; Thereafter, my Interest rate will never be Increased or decreased ~ any single Change Date by more than One per~ntage point(s) ( 1.000 %) from the rate of interest I have been paying tor the preceding six months. My Interes.t rate will never be greater Ihan 20.380 % or less than 14.380 %- (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my- new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again: 5.' Notice of Changes The Note Holder will deliver or mail to me a notice of any changes In my Inlerest rate and the amount of my monthly payment before the effective data of any change. The notice Will Include Information required by law to be given me and also the title and telephone number of a person who will answer an,Y question I may have regarding the notice. -BORROWER'S R1GHT TO PREPAY . I may repay this Note at any time as provided for in this paragraph~ If. within ffVe (5) years from the date of the execution of the Mortgage or Deed which secures this Note, I make a voluntary or Involuntary prepayment during any consecutive twelve (12) month periOd of any amount in excess of twentY percent (20%) of the original principal amount of thi.s Note. I agree to pay a prepayment charge equal"to six (6) month~ advance interest on an amounts paid In excess of my scheduled monthly payments that have come due as of the date of.prepayment. (F) 6. LOAN CHARGES ~ If a law, which applies 10 this_ loan and wh,lch sets ma"1lmum loa~ charges, Is finally _interpreted _so that the interest or- other loan charges collected or 10, be collected in connection witlJ this loan_exceed the pennitted limits, then: (I) any such loan charge shall be reduced by the amount necess3ly to red~ce the Charge 10 the permitted limit; and (II) any_ sums already collected from me which exceeded permitted limits will be refunded to me. The Nole Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment 10 me, If a refund reduces the principal, the reduction will be treated as a partial prepayment. BORROWER'S FAILURE TO PAY AS. REQUlRED (A) Late Charges for Overdue payments If Iha Note Holder has not received Iha full amount of any monthly paymenl by the end of f"lfleen date it is due, I will pay a late charge to the Note Holder, The smaunl of the ch:'lrge will b9 6.000 of principal and Interest. I will pay this late charge promptly but only once on each late payment. calendar days after the % of my ovetdue payment 7. (B) Default If I do not pay the full amounl of each monthly payment on the d~te It Is due, I will be In defaun. (e) Notice of Default If 1 am In defaun, the Note Holder may send me a written notice telling me that if I do not pay the ovetdue amount by a certain date, the Note Holder may require me to pay immediately the futl 'amount of prlnc:lpal which has not been paid a'nd all the intarost that I owe on that amount. The date must be at least 30 days after the date on which the notice is delivered or mailed to me. (0) No Waiver by Note Holder Even if, at a time when I am in defaun. the Note Holder does not require me to pay immediately in full as described above. the Note Holder will still have the right to do so If I am In defauh: at B later time, (E) Payment of Note Holder's Costs and Expenses ) If the Note Holder has required me to pay immediately In full as described above, the Note Holder will have the right to be paid back by me for all_of Its costs and expenses In eriforclr;lQ this Note to the extent not p.rohlblted by appllcable'law. Those expenses Include. for example, reasonable attomeys' fees. 8. GIVING OF NOnCES Unless applicable law requires a differew method. any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address If I give lhe Note Holder a notice of my different address. Any notice that must be given 10 the Note HOlder unCler this Note wlU be given by malling it by first class mall to the Note Holder at the address stated In Section 3(A) above or at a different address if I am given notice of that different address. 9, OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Nole, each person is fullY and personally obligated to keep all of the promises made In this Note. including the promise to pay the full amount owed. Any pe~on who Is a guarantor, surely or endorser of this Note Is also Obligated to do these thin~s, Any person who takes over these obligations, inclUdIng the obligations of a guaranlor, surety or endorser of this Nole. Is also obngated to keep all of the promises made, in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of Ls together. This means that anyone of us may be required 10 pay all of the amounts owed under this Note. 10. WAIVERS. 1_ r and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand paymenl of amounts due. "Notice. of Dishonor means the right to require the Note Holder to give notice to other persons thai amountS due have not been paid. 'nffi.'., /3 ! j) 2Ol).;J"'Dll~.7J98) 20f3 J'!I, o .0 o. T -.'b,'.",-;".',C ,-. '-" . . Loan No. 14534101~SS83 11. UNIFORM SECURED NOTE This Note Is a uniform instrurhent with limited variations in some jurisdidions_. In addition, to the protections given to the, Note Holder under this Nola, A Mortgage, Deed of Trust or Security Deed (the "Security Inslrument"). dated the same as this Note. protects the Note Holder from possible losses which might result If I do not keep the promises that I make In this Note. That the Security Instrument describes how and \lnder what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Intere~t In Borrower. tf all or any part of the Properly 'or any Interest in it is sold or transferred (or If a beneficial interest in Borrower is sold or transferred and 60lTOWer Is not a natural-person) without the Lende(~ prior written consent, Lender may, at Its option. require Immediate payment In full of all sums secured by this Security Instrument. HoweVer. this option shall not be exerclsed by Lender if ex~rclse Is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option'if: (a) Borrower causes to be submitted to lender Infonnation required by Lender to evaluate _the intended transferee as If a new loan were being made 10_ the transferee; and (b) Lender reasonable detennlnes that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. . ~ To the extent permitled by applicable law, Lender may charge a reasonable fee as a cOndition of Lender's consent to the loan assumption. Lender may also require the transferee to sign an-l,\8SSumption agreement thifilt is acceptable 10 lender and that obligates the transfere$ to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instroment unless Lender releases Borrower in writing. tf Lender exercises the option to require Immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the dale the notice Is delivered or mailed within which the Borrower must pay all sums secured by thIs Security Instrument. If'Borrower falls to pay these sums prior to the expiration of this peri9d. Lender may invoke any remedies permitted by this Secu~1y Instrument withoul further notice or demand on Borrower. 12. GOVERNING LAW PROVISION This Note and the related Security Interest are govemed by the Altematlve Mortgage Transaction Parity Act of 1982. 12 use t3802 et. seq.. and, to the extent not Inconsistent therewith. Federal arid Slate law applJc::able to the jurisdiction of the Property. - Oral agreements. promises or commitments to tend money. extend credit. or forbear from enforcing repayment of a debt. Including promises to eJdend. modify, renew or waive such debt. ara not enforceable. This written agreemant contains all the terms ,the Borrower(s) and the Lender have agreed to. Any subsequent _agreement between us regarding this Note or the Instrument which secures this Note. must be in a signed wrlllng to be legally enforceable. WITNESS THE HAN~S) AND SE~L,(S) OF THE UNDERSIGNED. .~ (1~~}1~ (Seal) -Borrower (Seal) .80rrower (Seal) -Borrower r.... ..... 'KJroUMUEROP (Seal) -Borrower WfTlIOtrr AJ:COURSE AMElUquUT M1:JRTCAC&: COMPAJ'fY BY. ~- ~A~ ~ A.8ItAZU....aIUUlE,"'iI BY, '--:::::;:~ ' IURIU-'I'fGI,.1Io . YIC:IPIUJfJ.D&I\T :ZOO']ADJ(...".liJ98) 30r3 'fc"",_ ,^ ,. , ,~ ,'--'" Page:' 1 Document Name, untitl:, LOAN NO 2S06412 DATE LETTER VER REQ DESCRIPTION DATE 09/06/00 07/1S/00 XC535 014 MIB ACT 6 Cert Mail PA Breach , *** (ACT 6) *** ,July 18, 2000 Burdell E Ditzler 121 Spruce St Carlisle, PA 17013 RE: HFS Loan No, Property Location: 280641-2 121 Spruce St Carlisle PA 17013 , NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor: PF: 1 SC F . Date, 09/06/2000 Time: 12,02,50 PM - ,. c:::)(h.bit"B ~ , . 1'.-" .-~ r ~~ [ ','1' , I ., I " ~, ,- Page:' 1 Document Name: untitl, LOAN NO 2806412 DATE 07/18/00 LETTER XC535 VER 014 REQ MIB DESCRIPTION DATE 09/06/00 ACT 6 Cert Mail PA Breach The mortgage held or serviced by Household Financial Services hereinafter we, us or ours) on your property located at: 121 Spruce St, Carlisle PA 17013, IS IN SERIOUS DEFAULT because you have not made the monthly payments ,since 06-01-00 through today. The total amount required to bring your mortgage current is calculated below. The last assessed late charge on this account was $ 24.06, at the late charge rate of.06000 for each delinquent payment. As of today, late charges have accrued to the total amount of $ 48.12. Other charges"including LIST CHARGES have accrued to the total amount of $.00. The total amount now required to cure th~s default and become current as of the date of this letter, is $ 991.24. . You may cure this default within THIRTY (30) DAYS of the date of this letter by paying $ 991.24, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check, or money order, and made to: ' PF: 1 SC F 2 SC B Date: 09/06/2000 Time: 12,02,53 PM -.1 , - ,~ "-"-'" , ' ,"-I ,-- PagE!: 1 Document Name: untitl LOAN NO 2806412 DATE LETTER 07/18/00 XC535 VER 014 REQ MIS DESCRIPTION DATE 09/06/00 ACT 6 Cert Mail PA Breach HOUSEHOLD FINANCIAL SERVICES - CPI Attn, Risk Management P.O. Box 8605 Elmhurst, IL 60126 . If you do not cure the default within THIRTY (30) DAYS, we intend exercise the lender's right to accelerate the mortgage payments. means that whatever is owing on the original amount borrowed will considered due immediately and you may lose the chance to payoff original mortgage in monthly installments. to This be thE! If full payment of the amount of default is not,~ade within thirty (30) days, the lender also intends to instruct our law firm to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff or other similar official to payoff the mortgage debt. If you cure the default before we begin legal proceedings against you, you will stil~ have to pay the reasonable attorney's fees actually incurred, up to PF, 1 SC F 2 SC B Date, 09/06/2000 Time: 12,02:55 PM .-._"'~ " ". ~. ~ ' c Page' 1 Document Name, untitlE. LOAN NO 2806412 DATE 07/18/00 LETTER XC535 VER 014 REQ MIB DESCRIPTION DATE 09/06/00 ACT 6 Cert Mail PA Breach 550.00. However, if the legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over 550.00. Any attorney's fee will be added to whatever you owe the lender, which may also include our reasonable costs. If you cure ,the default within the thirty day period, you will not be required to pay attorney's fees. The lender may also sue you personally for the unpaid principal ba'lance and all other sums due under the mortgage. , If you have not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one (1) hour before the sheriff's or other similar official's foreclosur~ sale. You may do so by paying the total amount of the unpaid monthly payments, plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a sheriff's or other similar official's sale could be - held would be approximately seven (7) months from today. A notice of' the date of the sheriff's or similar official's sale will be sent to PF: 1 SC F 2 SC B Date: 09/06/2000 Time, 12:02:57 PM ~ - ". .' . . "~ ,- Page: 1 Document Name: untit1 LOAN NO 2806412 DATE 07/18/00 LETTER XC535 VER 014 REQ M1B DESCRIPTION DATE 09/06/00 ACT 6 Cert Mail PA Breach you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at (800) 395-3489. This payment must be cash, cashier's check, certified check or money ,order and made payable to us at the address stated above. You should realize that a sheriff's or other similar official's sale will end your ownership of the mortgaged property, and your right to remain in it. If you continue to live in the property after the sheriff's or other similar official's sale, a lawsuit could be started to evict you. , .'to PF: 1 SC F 2 SC B Date: 09/06/2000 Time, 12,02,59 PM '" '~-,- -.. -,-, Page, 1 Document Name: untitle LOAN NO 2806412 DATE 07/18/00 LETTER XC535 VER 014 REQ DESCRIPTION DATE 09/06/00 MlB ACT 6 Cert Mail PA Breach You shall have the right to assert in the foreclosure proceedings the nan-existence of a default or any ather defense that you may have to acceleration of foreclosure. You have additional rights to help protect your interest in the property. You have the right to sell the ,property to obtain money to payoff the mortgage debt, or to borrow money from another lending institution to payoff this debt. You may have the right to sell or transfer the property subject to the mortgage to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and casts are paid prior to or at the sale, and that the other requirements under th& mortgage are satisfied. Contact us to determine under what circumstances this right might exist. You 9ave the right to have this default cured by any third party acting an your behalf. If you CUre the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. . - Sincerely, HOUSEHOLD FINANCIAL SERVICES XC535/MlB/28064l-2 (Certified Mail) PF, 2 SC B Date, 09/06/2000 Time: 12,03:03 PM """""1',,, ,~~" ,,-,. ,w Pag",:' 1 Document Name: unti th LOAN NO 2S06412 DATE LETTER VER REQ DESCRIPTION DATE 09/06/00 07/18/00 XC534 014 M1B ACT 91 Cert Mail PA Breach , ,July 18, 2000 Burdell E Ditzler 121 Spruce St Carlisle, PA 17013 RE' HfS ~oan No: 280641-2 . Property Location, 121 Spruce St Carlisle PA 17013 Deat" Borrower: Pf, 1 SC f Date, 09/06/2000 Time, 12,03,12 PM .- Page' 1 Document Name, untit1 LOAN NO 2806412 DATE 07/18/00 LETTER XC534 VER REQ 014 M1B DESCRIPTION DATE 09/06/00 ACT 91 Cert Mail PA Breach You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowner's Emergency Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your , default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. , Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time, you must arrange and attend a,;Eace-to-face meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of ,that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with"this lender, or with a consumer credit counseling agency identified in this notice, no PF: 1 SC F 2 SC B 'I' I Date: 09/06/2000 Time, 12,03,14 PM ",~~- "'"-,- Page' 1 Document Name, untitl. LOAN NO 2806412 DATE 07/l8/00 LETTER .VER XC534 014 REQ M1B DESCRIPTION DATE 09/06/00 ACT 91 Cert Mail PA Breach furth~r proceedings in mortgage foreclosure may take place for (30) days after the date of this meeting. The name, address and tel~phone number of our representative is: , Terrence McCabe 123 S.Broad St., Suite 2080 Philadelphia PA 19109 Telephone 215/790-1010 Facsimile 215/790-1274 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It i~ only n~cessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly, installments of principal and interest as required for a period of . at least sixty (60) days. The total amount of the delinquency is $ 991.24. That sum includes the following' 2 monthly payments PF, 1 SC F 2 SC B Date: 09/06/2000 Time: 12,03:16 PM ", ,'- Page; 1 Document Name: untitle LOAN NO 2806412 DATE 07/18/00 LETTER XC534 VER 014 REQ M1B DESCRIPTION DATE 09/06/00 ACT 91 Cert Mail PA Breach of $ 471.56 each, late charges of $ 48.12 and NSF of $.00. , If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. 'In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will 'submit your completed application to the Pennsylvania Housing Finance,~gency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is ~xtremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods 'set forth in this letter, foreclosure may 'proceed against your, home immediately. ' PF, 1 SC F 2 SC B Date, 09/06/2000 Time, 12,03:18 PM ,-.., ,~~ -. -,~ ,~ Page' 1 Document Name' untit1, LOAN NO 2806412 DATE 07/18/00 LETTER XC534 VER REQ 014 M1B DESCRIPTION DATE 09/06/00 ACT 91 Cert Mail PA Breach Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. , 'l\' PF, 1 SC F 2 SC B I Date: 09/06/2000 Time, 12,03:20 PM I I I , , -',--,~ , ~. . Page: 1 Document Name' untitl" LOAN NO 2806412 DATE 07/18/00 LETTER XC534 VER 014 REQ M1B DESCRIPTION DATE 09/06/00 ACT 91 Cert Mail PA Breach It's extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedingsHwill be pursured against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. , The Pennsylvania Housing Agency is located at 2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105. Telephone number, (717) 780-3800 or (800) 342-2397 (toll free number). Persons with impaired hearing can call,l-800-342-2397. ' In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon ~while you are receiving that assistance. PF: 1 SC F 2 SC B Date, 09/06/2000 Time, 12:03:23 PM "",!ll'i..,~~_" _"" ' I' ~"~- " - "JlJC"7- . VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff MERS said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: October 30, 2000 Leon P. Haller, Esquire "?4J ~., SHERIFF'S RETURN - REGULAR CASE NO: 2000-07807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGIST SY VS DITZLER BURDELL E ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DITZLER BURDELL E the DEFENDANT , at 0014:00 HOURS, on the 14th day of November, 2000 at 128 CHERRY ST CARLISLE, PA 17013 by handing to BURDELL DITZLER a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~~e-.1'<:~ 18.00 3.10 .00 10.00 .00 31.10 R. Thomas Kline me this lAY day of 11/15/2000 'URCE::'~~ Deput eri ~ Sworn and Subscribed to before ~~ ~ A.D. ~O~ - Prothonotary ~ :':'~.J'.,.~ +-, - . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 07807 BURDELL E. DITZLER, DEFENDANT IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the plaintiff and against Defendant BURDELL E. DITZLER for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $12.52 from 4/1/00 to 1111/00) Late charges ($24.06 per month to 11/00) Escrow Deficit 5% Attorney's Commission $31,766.70 $ 2,679.28 $ 168.42 $ $ 1.588.34 TOTAL $36,202.74** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & By Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 1:\HOME\MKFIDQCS\CUMBERLA\DITZlER.P "jh<~~, , , ,~^ '-;~- ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 07807 BURDELL E. DITZLER, DEFENDANT IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on FEBRUARY 21, 2001 I served the Ten Day Notice required by Pal R.C.P. 237.1 on the Defendant(sl in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 zt,c.K;'::'- ,- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 00-7807 CIVIL VS, BURDELL E. DITZLER Defendant : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: February 21, 2001 TO: BURDELL E. DITZLER 128 CHERRY STREET CARLISLE, P A 17013 TillS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A ruDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION CARLISLE, P A 17013 717-249-3166 By LEON P. HALL I.D, # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 .-:\,," ~ "'" ,,~. I" - ~ . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 07807 BURDELL E. DITZLER, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS, You following captioned are hereby notified that judgment has been entered matter: on~ against you / 4 d..-nJ ( the in the above- $36,202.74 and for the sale and foreclosure of your property located at: 121 Spruce Street, Carlisle, PA 17013 Dated: J -/ ~.- 01 (',., ~:"A '., ~VV..J PROTHONOTARX/ Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234 -4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236: Burdell E. Ditzler 128 Cherry Street Carlisle, PA 17013 1:\HOME\MI<:F\DOCSICUMBERLA\DlT.N ..'-1'!"f!'__ ,<. <,-" . 11 iI ?b ---. C:> ~ ~ - \ .~ E :J~ -t-- - t \ -- ~ "'-"" ~ 7\.,...--J, kJ ~-::~ ,U-" " " ~ fO"'" ..::: '~J)~ U; -l. ^i' ~ "- -:-fj ~, r ~ ~ .. "'.'~...~..- II J n c ;;- t)r:-~ nl'.l; Z!.,'--! 2:(1/ (r):'" ri f~~~ <-.... )5: _', ;Zc .. ):;0 c:: 2::- ::< "- u'r Ii l' . " ,*'? '. c::; ~!!: ,,:,:') ~ ) ",-: ": (__:1 ~~ ~~',~ " ,. :,;;;:(') (srT! -, 55 -< '':Y ::- "~,~". _ ',' - ~~~#'W~~~~,~~li~l!W'\'iljl),\j,'tWi""'~,'llJ",~-1"'"" i''''~-''!:'.'';:'i"~"""",-,,,,,";C"!<'''fm'''''IOj'~)lqW-''''''i''-t';;f!'-'"''''i''''''nl,,'pjl<~-Il!'!_,,'''_,_, " i!\f~ii.: . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2000 07807 BURDELL E. DITZLER, DEFENDANT(S) TOTAL AMOUNT I OF JUDGMENT $36,202.74 Interest at $12.52 per diem to sale date $ 2,729.36 Late charges at $24.06 per month to sale date $ 144.36 Escrow Deficit $ 2,000.00 TOTAL $41,076.46* MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF VS. *SALE DATE: WEDS.,June 6, 2001 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180~3183 TO THE PROTHONOTARY/CLERK OF SAID COURT, Issue Writ of Execution in che a~e Leon P. Haller PA I.D. #15700 Date: March 12, 2001 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (71 7) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 121 Spruce Street, Carlisle, PA 17013. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ,'~~ , . ALL THAT CERTAIN .tract of land with the buildings and improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumbel'land County, Pennsylvania, more particularly bounded and described in accordance with a survey by Thomas A. Neff, Registered Surveyor, dated November 20, 1968, as follows,. BEGINNING at a stako on the East side of Spruce Street (60 feet wide) said stake b(~ing 120 feet {rom the North side of East Louther Street measured along Spruce Str",;t; thence by the said Spruce Street, North 13 degrees 30 minutes East 44.50 ft~et to a onc-qua.rtcr inch drill hole in walk: thcnc.e by property now or formerly of P;Hll L. Hotitz through the center line of a partition wall dividing. the improvements ert~c:tNI on the property herein described from those e-rccted 'on the lot immediately to the North, South 7'6 degrccs 30 minutcs East 150 feet to a stake on.a public alley; thence by said public alley, South 13 degrees 30 minutes West 44. 50 feet to a stake at c..orncr ollands of Melvin q. Barrick; thence by said lands of Melvin C. Barrick, North 76 degree's 30 minutes West 150 feet to a point, the place of Beginning. HAVING THEREON ERECTED the southern side of a two story double aluminum siding dwelling house known as 121 SPRUCE STREET. BEING THE SAME PREMISES WHICH Gerald G. Cooper and Jane E. Cooper by deed dated and recorded 12/12/68 in Deed Book A-23, Page 663 granted and conveyed unto Burdell E. Ditzler and Jean E. Ditzler. The said Jean E. Ditzler is deceased and title vests in Burdell E. Ditzler by operation of law. TO BE SOLD AS THE PROPERTY OF BURDELL E. DITZLER ON JUDGMENT NO. 2000 07807. PARCEL: 02 21 0316 007 '" "~ I-~ ~f$j r-\:::) \~ ~ ........ '" ~ . ~ I~,,", --.. G I"~ () ~ rv ~ r--'>, r>- Lf' R.. Y: ~~~- :-' ~\ -f:'---- , ' "'^ ~ -.... <:> '~"'nl. o <;. <. -ot;:; rnn". z::c Z'- CD):;., -<..~.:.- ~C) PC !foe PC: Z ~ o ::J:: ~ ,. T"""J:+r'~~ fYi'" II '''t' . , ,-" (:'\ C} ,1 2 .r:- -':,.; ..~~ ~ -< -;:) ....~ 1'0 c:- f" , Ml~~~:~;""'~ml!IIlfim_~U~[ffiift~~IJ'i!"'<!"'~'JW"'''';'''''<1'.''''-;o',""w'It'~"',""'i'''mm.'H''''1jl'Il'fi'';_'!\I.''!':I'','fffi~'''~'l'i:'''!'J!!''fiiI'~i\~Ill!~W- " , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 07807 BURDELL E. DITZLER, DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 121 Spruce Street, Carlisle, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): Burdell E. Ditzler 128 Cherry Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above, SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6 . interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the UNKNOWN 7. Name and address of every other person of whom the -.'''->11I'!ll"",~:r . I" ~ I~ ','"!'"" . . .' Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relatin 0 unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12, 2001 '"f_""&:' . , "I , ~ " ~o ~ '" , .,-=', ".",~,~ J~~' -"-'~..=" j7 lIT :"~ .', "~ ."""'(: -, 0 0 n U ~;; -n :::::,., - ~''"' v ell ~'i,."", fD m n~; ;0 Z-T: ZC -'c'"" ~:;,i .t:,- -,:. --( --~() ,<c " ..':-:-----;:: ~"" -:"'. r ,4_-' -'i-, ~,>C) --( J r:? on >c -,-j Z """ ....,..:~ ~.:< :D f" -< ~ ~ '~~'f!'iIIII!ff~~'!!ml\"!.ml'il,.JU,.';_t'T-"'!J'~>ll!'f1j;j~~\Wj\IW.l~!I)I"'~Ili-~jii"1fF~~};"l5'!J"~"''','i;;r'-W;!'''~~''-'''7''':~"''>;~''l;'f''''''''Ti'I''''''';;;;''!'1'"","~,,,!''''"'l~'W~IiI-><.~!!'~_ l!Il'lff~~~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 07807 BURDELL E. DITZLER, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 6, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 121 SPRUCE STREET CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 07807 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property BURDELL E. DITZLER ':,'n 4 , , '-,"" ". A SCHEDULE OF DISTRIBUTION, being a list of the persons andlor governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This -~""~",,,.," - " -, r , . / petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas, of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 '--,,,,""Il~~ ~~" .' , . ALl" THAT CERTAIN tract of land with the buildings and improvements thereon erected, situatc in the First Ward of the Borough of Carlisle. Cumberland County. Pennsylvania, more particularly bounded and described in accordance with a survey by Thomas A. Neff, Registered Surveyor, dated November 20, 1968, as follows:- BEGINNING at a stake on the East side of Spruce Street (60 feet wide) said stake being 120 feet [rom the North side of East Louther Street measured along Spruce Street; thence by the said Spruce Street. Noz:-th 13 degrees 30 minutes East 44.50 feet to a onc-qua.rter inch drill hole in walk; thcnc.e by property now or formerly of Pilul L. Houtz through the center line of a partition wall dividingthc improvements en~(:t(~d on the property herein described from those erected 'on the lot immediately to lhe North, South 7'6 degrees 30 minutes East 150 feet to a stake oo.a public alley; thence by said public alley, South 13 degrees 30 minutes West 44. 50 feet to a stake at c.orncr of lands of Melvin q. Barrick; thence by said lands of Melvin C. Barrick, North 76 degrees 30 minutes West 150 feet to a point, the place of Beginning. HAVING THEREON ERECTED the southern side of a two story double aluminum siding dwelling house known as 121 SPRucB STREET. BEING THE SAME PREMISES WHICH Gerald G. Cooper and Jane E. Cooper by deed dated and recorded 12/12/68 in Deed Book A-23, Page 663 granted and conveyed unto Burdell E. Ditzler and Jean E. Ditzler. The said Jean E. Ditzler is deceased and title vests in Burdell E. Ditzler by operation of law. TO BE SOLD AS THE PROPERTY OF BURDELL E. DITZLER ON JUDGMENT NO. 2000 07807. PARCEL: 02 21 0316 007 ','~'i-;!o,,,,,,~_ ,~~ , ~ "", " " ~I ~'" - ~' " . p ,. ~r ""1 'r-~-"~fJ -- i"";ij~'iil'lffi:':~ "f'; ~llIJfrn,itr"nF~""'wn,'~~i ';<"K~{~~~ (') C ~.;>. '"'U~r mf~-' ~( (j) ~--,., -C:," (2U ~(; ~C) );., c': z ::;! I)~ . ~, J ,""'~_," ~_,'R1'~~_1"f~""'__""'ii'm~"""'1'fifl1""Jf'l'W<~~,Ilj!!j!Ij:!""1lW~jJ\,,"i';;tfg~"t'A'1""1-';~",,~'.-,<-;""',';;Y'i'.r*~'i'" ft{;'i1"'''''''',",I1~_r<''''''''';~''~''''''ffi~rr-\<<'''r-;J'~'j>.'''~'!I~~~. " c:~ ..".. ,~ 'C,"'" ~v () d .~. .~ ___>,i-,] cO (~, ~Tl ;'-"~:P ~~?I~~ ~5 .< ""'D =-k:: r~ ""' f" McCABE, WEISBERGANDCONWAY,P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v BURDELL E. DITZLER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 2000 07807 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Mortgage Electronic Registration Systems, Inc. in the above-captioned matter. ; 'y,,"-'-"'- ,^', " ~,-r" .""'V,,,_ ",." '1""'-; '",r;-,;"! "~I"'" -", "_, ~'!T,' "_~, ~,.'c""i'- ^f'" ""'. ""',1_,r'_'_lr~_!" ~ -'0' -"'/""'1 ,O'~'~__'~"""'", "~,,," ,"",.,~__",_,~ "'~~~_', _.,,'~,,' ~;__~:_e-: o. ',,' "," , f<ij - , ~ .-. ".,'-....;,",,,^- 9,;'..0,.'_'.......o')-^~ ~ If JIn Jlll1l'r~~ :2 0 (? ~~ ::>- " :~Q :::0 r-'~ wS:: 1'.) :::'~i~ ~Z .C- .".'1.-' C)r~ :,<;D "'Y;l. -1..~J ~8 ,::c:D :x (~)f) ):>c:: ~ am ~ 0'1 s;! I\) :0 -< ..,., ", ~1!mJ!'Il~JI!fJR~_1 ,f,!li_!IIIM!f'l~"l~l_~-'.~m _=~,I ~ - McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS v BURDELL E. DITZLER NUMBER 2000 07807 AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 4th day of May, 2001, a true and correct copy of the Notice of Sheriff's Sale of Real P~operty was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "AU. , J ':1 Copies of the letter and certificate of mailing are also , , ,/ , .I ')1 ::1 attached hereto, made a part hereof and marked as Exhibit "B." ;1 "I J , ~ \\~uvv:~ ~'> ~c..CrLbY TERRENCE J. McCABE, ESQUIRE ~:I :~! '" -,j :j ii 'I " , '!1 ,1, ;i .Ii ,;! :11 'i ;-:1,.,,,, _ ~ ,--~ ',_~~ ~,1_' , "'r_- ~~'P""'",, .., "., ." ""_"___0, __,.. _,_~ '__" .-- . ",-, '''-, ,,' --" "",""--,,~-, ~-' ",... ,.. -- ,""~~. '----- ,.,- '-'-' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v BURDELL E. DITZLER NUMBER 2000 07807 AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 121 Spruce Street, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Burdell E. Ditzler 121 Spruce Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment, Name Address Burdell E. Ditzler 121 Spruce Street Carlisle, PA 17013 EXHIBIT "A" ',,, -<-., -,,"~ >-"<"~~"'","""-,"~,'~'~""""',!,,,-__.,.,. l'e"..,_.,_~,'_!,";'.._~_"I'" T,~ ,-,,,,,-,,,,_,_,,,,."~ " '"'-"1" ,-,,-.'""I!"'''''"'' ",-- 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold, Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address None 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None 6 . Plaintiff which may Name and address of every has knowledge who has any be affected by the sale, other person of whom the interest in the property Name Address Tenant/Occupant(s) 121 Spruce Street Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 United States of America Internal Revenue Service Federated Investors Tower 1001 Liberty Avenue Thirteenth Floor Suite 1300 Pittsburgh, PA 15222 United States of America cia U.S. Attorney for the Eastern District of PA 615 Chestnut Street Philadelphia, PA 19106 Commonwealth of Pennsylvania Inheritance Tax Office 1400 Spring Garden Street Philadelphia, PA 19130 EXHIBIT "A" 'n "1-' f'-''''''_'''h" ,or ___~~m_',~~~._"',""';,,".'___,.,,."",,"_"~ ' ~. ,[" i''ft '-e,'.-"t' " ',',<- , ,. "_'1>" ,--'7';---','1 ,""c,',,-- , '-"_"_~-J'lt_~,....,.",,~ .," '-,<,-'-'..." --, , Commonwealth of PA Bureau of Compliance Clearance Support Department 281230 Harrisburg, PA 17128-1230 Attn: Sheriff's Office 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. Section 4904 relating to unsworn falsification to authorities. DATE, May 4, 2001 ili 1\5\J.~ '3". He.~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff EXHIBIT "A" ";-.~,,, < ' r ~ < ..,_ ''''h_ ~''''''''~".''''' . """,,,,".-,. -~";o' "~'--~""~~'__<--"""''1'F'!,","'f'~,'' J< ., "e..' , . -. . ~'<' ,- ,- =~ -'", .'~" . ~ - ".., > McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS v BURDELL E. DITZLER NUMBER 2000 07807 DATE: May 4, 2001 TO, ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S), Burdell E. Ditzler PROPERTY, 121 Spruce Street, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on June 6, 2001 at 10,00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, andlor other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 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"en *" :II . ~ ~ "',~ ~~=- "' I "I~ ~~ ,_ _ ~~~~~~'T!\i!l~!~""":;j,'\';~~~~~~~l.!'?~,,*,it'i;:':^' ,,,.,"~' ~,,~- -., () ~ ,~ "'"::"--"\.) ;p: ~~~ :~ C) c) --;1 ~ -'- t,::) ~i:'1 :~1: .(:'J :.., r0 ,;-,,;; ~~tI"J ~'--- :l.J -< "'''-7-T8.F;?'_''r-ff''.''fI.~,I~iWfl'"'~ifj.M,,~ ,,,,~'O!'l,,ll!l:! ;... " REAL ESTATE SALE No, 42 ~ . 'Wilf~o;TOOQ-71!P1 . ~ ,l,l,ortalSe ~ectronlc _ '_ _ -=- ,', .. Regis~at~n-SrstE!ITiSllnc; , . .:\i'I',,,,vs -- Burdell E.Oil2ler ' ~~-------=- Atty: Leo.n P. Haller __ DESCRIPTION ~1-TIfAT . CERTAIN - tlact of la_nd with the ihuiIdillss. an4 _impro~'em~e."lts thereon ereded, ~roarem the Fir5t We:; d _~f the Borough of- ~errlisle,_ ~~mberlan~ ; "'9J~~!r-. Pen~,syl':.ani.a, ~-<p~rhCUlar]y b01lJl".~a and descnoe.d In ~nce with a .su,ry -',?y Thom~s A..:Neff, [RegIS ere-d Sun'evor, dat;a NQvember 2Q, 1968, as rfoll'o:w-s: . . rnE;.GINKJNG at a ~ta~e in ,the. East sid~ of Spruce 1",8:, f~et }yiae,1-Sili,d stak,', b',in,g 120 feet- l1!.T~6i:Ui_ _sjd_LQf Enst Louther Street . J!"- ~ alon.gSpruce'SiTeeti tnenceby the-said ~ rue '5trfet, North 13 degrees 30 minutes East _ -~ fee.l (0 a on~.quarter! inch drill hole in walk; ID'I(C'bv property now or formerly of Paul L ~ough the center line of a partition wall ~"1Qjn~_ .the. improvements erected on the ~erti ~leTein .d,", c~ibed fr, om those ereete, d on _ liJiW_o.Umm~d].atel\' to the North, Soutb 76 ;- :-~ees 30 minuteslast IjO feet to a s,takg,on a _ P, ' ,.lie, alley; ~enee by, said p~ublie ,alley,S, ',utb 13 "e.gn~:~_,30 mmutes,west 44,~O feet to, <! stake at o ~.f lands, of M~l\'in ~, Barrick; thence by - ~,l~~1:t M, _ ~l~,'in c., ~am,c~, ,North 76 de,grees _ 1r. - Wgst l~Q ~t to a poin~ the place of . __ .m.'mG. -_ --0:. _ ;i}ifj,\![NGTI-lE,REON rn-ECTED the southern side ~t:aJ1.\fO-;-stOI)'- double 'lJum,inul!l siding 'dwellfng ~ Mu!i.cknownasl21 Spruce Street. - tSG::IHE SAME premises which Gerald G;-. - o~ enn-u1ane E. Cooper by deed da~q and , ,eq)ffJ2I.qt8~in peed ~9bk A.23~..~&!__~3_: .--=c~d.,e9J!"eye.4~uJl~9 ~!J.r.di!U E.J:!If4~r _al!~ ~ ean_ JJIIi!eJJ]€ ~@RMl ~:Mt!J~ is d~ecl~ed : ~~tl~_~~~~n'B~i~~;_ pj.~~[ by ?~~j~n of _.- ~SU1I) asJb.e]'fo.Il.erly orBu[~etrEUiEZler ~u~Jjmen,tNo.20000i807. . ~o22rOi"16~ol, .'n~'____n- ,.....:. .~ .... 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 James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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-NElWS and The Sundav Patriot-News newspapers of generai 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, respectiveiy, 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 andlor Sundayl Metro editions which appeared on the 24th day(s) of April and the 1 st and 8th day(s) of May 2001, 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 Miscellanet Book "M", ':~:~~;~:::. ,;;;;;~.;;;;;;;;;;;;~;;.;;;;1:;;;;;;;;;;;..;.;;;;....;;.~~... S ALE #42 Notana' Soal Terry L. Russell, Notary Pu c Harrisburg, Oouphln County My Commission Expires June 6. 2002 Member, PennsylVania Association 01 Not NO ARY PUBLIC g:ommission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr, For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 270,78 1.50 272.28 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.,.,.,.,.,.,.,."""".,.,......,.,.,."".,.,."""""""".,., ""'!I'<<~ 11 !-~?:'- , ~ STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ______________________________________________________________________________FLecorderof Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed in which _____h____hh_ Mtg Elec Reg Systems Inc & Household Fin Corp. -------------------------------------------------------_____________________________ u thegr.onree the same having been sold to said grantee on the ---~!!'_____h_h________h___hh________h____ day of h__U______h___J!'E.'!._________h_______ A. D., ; 01 d db' ' f . _____, un er an y VIrtue 0 a wnL_____________ Execution . 14th --- _______________h___ _____ ________h ___ __ h_h Is.med on the __h_h___h_ ___ __ ______ hU __ ____ ___ MARCH 01 . day of ___________h_____h_h___ A. D., h___' out of the Court of Cornman Pleas of saId County as of Civil 2000 ______________________h__h h,,_____ h hh______ __ hh_____h_ ________ ______ h h_ Term, . 7807 . Mtg Elec Registration Systems rnc Number ______________, at the SUIt of _u_______hhh__h____h__h___________U____h________ Burdell E Ditzler ------------------ --- ------- --- ---- against_ -- - - - -- -- -____ ______________ ________ ____ __ __ _______ is 247 407 duly recorded in Sheriffs Deed Book No. ___h__U___, Page ___h___h__. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ____.,;l,_~__ day of _______________~------ A. D., ;;J, ~_~1 --___~~---0-c--~~:.~~~~ Recorder of Deeds, Cumberland County, CoIa~is\e, ~~ My CommissiOll Expires the First Monday an. ,~ , ,', , , , '.~O' Mortgage Electronic Registration Systems VS Burdell E. Ditzler In the Court of Common Pleas of Cumberland County, Pennsylvania No.2000-7807 Civil Shannon Sunday, Deputy Sheriff, who being duly sworn according to law, says on April 17, 2001 at 7:51 o'clock P.M. EDST, she posted a copy of Real Estate Writ Notice Poster and Description on the property of Burdell E. Ditzler located at 121 Spruce St. Carlisle, Cumberland County, Pennsylvania, according to law. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, says on April 20, 2001 at 3:35 o'clock PM EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the within named defendant to wit: Burdell Ditzler by making known unto Burdell Ditzler at 1 West Penn St. Rm 212 Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to the within named defendant to wit: Burdell Ditzler by regular mail to his last known address, I West Penn St. Rm.212 Carlisle, PAl This letter was mailed under the date of April 23, 2001 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 6, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of $1.00 to Attorney Carl Ledebohm for Mortgage Electronic Registration Systems, inc., Assigned to Mers, its successor and assigns as nominee for Household Finance Corporation. It being highest bid and best price received for the same Mortgage Electronic Registration Systems, Inc., Assigned to mers, its successor and assigns as nominee for Household finance Corporation of961 Weigel Drive, P.O. Box 8634, Elmhurst, IL 60126, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $831.45 it being costs. Sheriff s Costs Docketing 30.00 Poundage 16.30 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 6.20 Certified Mail 2.38 Levy 15.00 .^"wt ~ , -r -. -", ,..,-" ~--,-~, ~ Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 20.00 321.20 272.28 25.09 25.00 26.50 $831.45 paid by Attorney 6-20-01 Sworn and subscribed to before me This '1/J 1C' day Of~ 2001, A.D. nT.. 0. ~,~ ~o otary ",,*I~~"'!>JR!I=' ?~~~~~' R. Thomas Kline, Sheriff By ~~.SIiYli~ De ty Shenff .. ~30.uil cWe-~;}'~ j,6D eo, Ck.- 336 f..} Rt.v. /I '{NO I MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 07807 BURDELL E. DITZLER, DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 121 Spruce Street, Carlisle, PA 17013, 1. Name and address of the Owner(s) or Reputed Owner(s), Burdell E. Ditzler 128 Cherry Street Carlisle, PA 17013 2. Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on'the real property t<? be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the UNKNOWN 7. Name and address of every other person of whom the ''?-'''-'- ,., , 7"'" -I' plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relatin 70 unsworn falsification to authorities. /~ ------~//~ I Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12, 2001 'r-"C'__h.'_.... , , , . , , ,~~- I MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 07807 BURDELL E. DITZLER, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SA~E OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 6, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 121 SPRUCE STREET CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 07807 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property BURDELL E. DITZLER '-""l'i'/;i~'_,_~ '1,,,,< ,'- ~, A SCHEDULE OF DISTRIBUTION, being a list of the persons andlor governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This <'1,,~~,,"__ ~~ '1 ~ " ~I petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ;"~'~~""""~ " ._,-, . ~. , . 1 ' "' c ,. - ......... I ALL THAT CERTAIN .tract of land with the buildings and improvements thereon erected, situate in the First Ward of the Borough of Carlisle. Cumbe~land County, Pennsylvania. more particularly bounded and described in accor'dance with a survey by Thomas A. Neff, Registered Surveyor, dated November 2.0, 1968, as follows:- BEGINNING at a stake on the East side of Spruce Street (60 feet wide) said stake bdng JZO feet {rom the North side of East Louther Street measured along Spruce Strc:el; thence by the said Spruce Street, NOI:'th 13 degrees 30 minutes East 44.50 feet to a onc..qua.rter inch drill hole in walk; thenc.e by property now or formerly of Paul L. HOlltz through the center line of a partition wall dividing, the improvements t~Tt~t:tcd on the property herein described from those erected 'on the lot immediately to lhe North, South 7'6 degrees 30 minutes East 150 feet to a !ltake on,a public alley; thence by said public alley, South 13 degrees 30 minutes West 44. 50 feet to a stake at c.orncr oC lands of Melvin~. Barrick; thence by said lands oC Melvin C. Barrick, 'North 76 degrees 30 minutes West 150 feet to a point, the place of Beginning. HAVING THEREON ERECTED the southern side of a two story double aluminum siding dwelling house known as 121 SPRUCE STREET. BEING THE SAME PREMISES WHICH Gerald G. Cooper and Jane E. Cooper by deed dated and recorded 12/12/68 in Deed Book A-23, Page 663 granted and conveyed unto Burdell E. Ditzler and Jean E. Ditzler. The said Jean E. Ditzler is deceased and title vests in Burdell E. Ditzler by operation of law. TO BE SOLD AS THE PROPERTY OF BURDELL E. DITZLER ON JUDGMENT NO. 2000 07807. PARCEL: 02 21 0316 007 -'''"~''''-~ '-~-" . , . - - , , . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) WRIT OF EXECUTION and/or ATTACHMENT NO. 00-7807 CIVIL 19 CIVIL ACTION - LAW TO THE SHEHIFF OF CUMBERLAND .'.",'- COUNTY: ,"- Mortgage Electronic Registration, ' To satisfy the debt, interest and costs due Systems, Inc. Burdell E. Ditzler, 128 Cherry St., Carlisle from PLAINTIFF(S) PA 17013 . (1) You are directed to levy upon the property of the defendant(s) and to sell at 121 Spruce St., Carlisle PA 17013. (See attached legal description.) DEFENDANT(S) Real estate located (2) You are also directed to allach the property of the defendant(s) not levied upon in the possession of ,',. ';- ,ti);.', GARNISHEE(S) as follows: and to notffy the garnishee(s) that: (lt~ ;jrMlttaQo.mel)thas b~el)issue,<j;(b)th~l\lariShe~{S)}~iF.r~ ~joined from paying any debt to or for the account of the defendant(s) and from delivering any property 01 the dllfendani(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/herthat he/she has been added as a garnishee and is enjoined as above stated, Amount Due $36,202.74 Interest$12.52/diem to 6/6/01 L.L. $.50 $1.00 $2,729.36 Due Prothy OmMCO~S Escrow Deficit $2,000.00 Late charges @ $24.06/month to sale Ally's Comm Ally Paid Plaintiff Paid % $103.10 date $144.36 Date: Mflrch ] 4. 2001 Curtis R. Lonq P tho otary, Civil Division Deputy by: REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 N Front St Harrisburq PA 17102 Attorney fOr: Plaintiff Telephone: (717) 234 4178 Supreme Court ID No, 15700, 9'-"'_"_ _~"~"""~ , , , , , !ill , , ,w >, __ , ~"V~" .- , , ~ REAL ESTATE SALE No. L/~t ~ ~ ~ (i\t\\ ,;,1\ -fY{ c..A.ci ) {PI "JOO I lhe snerllf leVied upon the detenoa.. interest in the real property situated in e ~ B6)oU<j ~ Cumberland County, Pa., known and numbered as: J d J ~UCQ.1,-I- . C~ and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. 'late: f/l0J.d I G , 2oo{ _ By: 11 cri-Iu, ~ Updh; x3 . -0 rn :;r:G ~)::"': '!;;;: iU,~ .c r- J:'"'p', :z: :<>- if o~ ::D c::"!! ~c c;:; ~ ~ .___0 ~, - -~:1 o ~-,,-rf'\. co 001 -:>$ ---0 C::,.. = :;:;s> . -'1i = ........ - rlm_ -~-, .~~~:,p - ~~" , __ ,~!I'tll~~tnlIl'(m"'~","<>W-F\"'~,€",~,",:ITj"';"""''''''''''^'''''''''-''j'''''',",,''''''"""'I"'''''!~l'''''''~f'''''l'il'!fi''''';!!!!lf<~!1I!OO1 ,~" ""~"",,,,,,-~,, RIlAL ESTATE SALE NO. 42 Writ No, 2000-7807 Mortgage Electronic Registration Systems. Inc. vs. Burdell E, Ditzler Atty.: Leon p, Haller ALL TIlAT CERTAIN tract of land with the buildings and improve- ments thereon erected. situate in the First Ward of the Borough of Carlisle. Cwnberland Cormty. Penn- sylvania, more particularly bounded and described in accordance with a survey by Thomas A. Neff, Regis- tered Surveyor. dated November 20. 1968, as follows:- BEGINNING at a stake on the East side of Spruce Street (60 feet wide) said stake being 120 feet from the North side of East Louther Street measured along Spruce Street: thence by the said Spruce street. North 13 degrees 30 minutes East 44.50 feet to a one-quarter inch drill hole in walk: themce by property now or formerly of Paul L. Houtz through the center line of a parti- tion wall dividing the improvements erected on the property herein de- scribed from those erected on the 10t'1mmedlately to the North, South 76 degrees 30 minutes East 150 feet to a stake on a public alley: thence by said public alley, South 13 degrees 30 minutes West 44.50 feet to a stake at corner of lands of Melvin C, Barrick; thence by said lands of Melvin C, Barrick, North 76 degrees 30 minutes West 150 feet to a point, the place of Begin- ning, HAVING THEREON ERECTED the southern side of a two stoty dou- ble alwninum siding dwell1ng house known as 121 SPRUCE srREET. BEING THE SAME PREMISES wmCH Gerald G, Cooper and Jane E. Cooper by deed dated and re- corded 12/12/68 in Deed Book A- 23, Page 663 granted and conveyed unto Burdell E, Ditzler and Jean E, Ditzler. The said Jean E. Ditzler is deceased and title vests in Burdell E. Ditzler by operation of law. TO BE SOLD AS THE PROPER- 1Y OF BURDELL E. DITZLER ON JUDGMENT NO. 2000 07807, PARCEL: 02 21 0316 007, '~ .- .,-' " . --~<, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, 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 27, MAY 4, 11, 2001 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, ROgt ~. Morgenthal, Editor ~ SWORN TO AND SUBSCRIBED before me this 11 day of MAY. 2001 Nor. ' " LOIS e: SNYDER; Notary Public CaiII8I&.Boro, Cumbefland County ~Comml8Slun Expires'MllId15,2l105' ';r.~""I'"'"~ ~ 'rr' ~"~