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HomeMy WebLinkAbout07-1949WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 Two Penn Center, Suite 910 Philadelphia, PA 19102 215-636-3965 215-636-3999 CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED 325 North East Street Carlisle, PA 17013 Defendant Attorneys for Plaintiff : COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. a'7 - 9`/s?' ?? v NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR 4TH Floor, Cumberland County Courthouse Carlisle, PA 17013 #2877363 (148464.031) WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 Two Penn Center, Suite 910 Philadelphia, PA 19102 215-636-3965 215-636-3999 Attorneys for Plaintiff CITIZENS BANK OF PENNSYLVANIA 2001 Market Street COURT OF COMMON PLEAS Philadelphia, PA 19103 CUMBERLAND COUNTY Plaintiff DOCKET NO. 07 /Qyj V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED 325 North East Street Carlisle, PA 17013 Defendant COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Citizens Bank of Pennsylvania, by its attorneys, Silverman Bernheim & Vogel, files the within complaint in mortgage foreclosure and represents as follows: 1. Plaintiff, Citizens Bank of Pennsylvania, ("Citizens"), is a state chartered bank with a place of business at 2001 Market Street, Philadelphia, PA 19103. 2. Defendants are Any and All Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Robert G. Dittenhafer, Deceased, who was the last known and real owner of record of a certain parcel of residential real estate located in Cumberland County known by the following street addresses 325 North East Street, Carlisle, PA 17013, (hereinafter referred to as the "Property"). #2877363 (148464.031) 3. On September 1, 2004, Robert G. Dittenhafer, deceased, executed and delivered to Citizens a Secured Line of Credit Agreement (the "Note") in the principal amount of $25,000.00. The Note was secured by a mortgage (the "Mortgage") granting a lien upon the Property which was executed by Decedent and, given to Citizens on the same date and duly recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania on September 17, 2004, in Mortgage Book Volume 1881, Page 213 et se A. True and correct copies of the Note and Mortgage are attached hereto as Exhibits "A" and "B," respectively, and incorporated herein by reference. 4. On September 22, 2006, passed away, leaving no known will, no known heirs, and no estate has been opened. 5. A full legal description of the Property is set forth in Exhibit "C" which is attached hereto and incorporated herein by reference. 6. Subsequent to the death of Robert Dittenhafer, a default under the terms of the Note and Mortgage occurred as no payments have been tendered since October 7, 2006. 7. Thereafter, Citizens demanded complete payment and performance of all of the Decedent's obligations to which there was no response. 8. Pursuant to the terms of the Note and Mortgage, Defendants are obligated to Citizens for the following sums as of April 2, 2007: Principal $24,983.38 Accrued interest (through 4/2/07) 1,237.55 Accrued late charges 50.81 BPO/Appraisal 400.00 Attorneys fees 2,498.34 Attorneys costs 950.00 TOTAL REAL DEBT $30,120.08 #2877363 (148464.031) ;CMON I, Marlene Medeiros, a foreclosm-e specialist with Citizens Barak of Pennsylvania, being duly sworn according to law, depose and say that the facts set forth is Citizens Bank of Pansylvaula's Complaint in Mortgage Foreclosure is true and correct to the best of my knowledge, information and belief I understand that the statements therein are made subject to the ppndties of 18 Pa.C.S.A. § 4904 relatiug to =sworn falsification to authorities.. Dated: *42 CHMNS BAND OF PENNSYLVANIA Pf Jy. ENE NEDFAR0 FORELCLOSM SPECIALIST EXHIBIT "A" CTMENS BANK Borrower(s); SECONDARY MORTGAGE LOAM HOMI IQUMLM OF CRIUIT AGREE Mfr =XRT C nXTtmlll wma Lander: p Cimm 114A orMaseacMtaetrs arizeee esnk ofcbrarect ctu Cdiuns E?dr orPattlsytvuda U sty sum 63 8ngme O'lVelll IMvo 1735 Malt Sued aostcN MA 02149 hEeYt London, c-'r' Ofi326 p'h0adeitfltia. i'A i 9103 Q QNzmHank ofRhM9, h1Ud Q Cbimm ]lank New Hampshire El ai&ess Bank 1 Citiaeos plm 875 MM Street 919Suite Nor M street previdatee, RI 82983 Ma el"ar NH 0318! WilmenSeptl, rm 19801 DateofAsrccrnent: os cinooa Thi I"'M EQUITY LI1M OF CREDIT AORfiED,dl3NT ("Agrecmedn cantons the teams which Fern your line of credit (the "Credit Litre" or the -C mdit Line A=mt') issued through Citizens Bank of Massachusetts, Citizens Bank of Rhode Island, Citizens Bank of Connecticut„ Citizens Bank New Hampshire, Citizens Batik of Yemwsylvania, or Citizens Hank (our Delaware Bank) as identified above and hcreafttr micttt d to as "Cit:xesia BaW. The Agreemt sm firth the temts folder which Citizens Bank extends credit advmms against yoau Credit Lme Account, But person who signs this Agreement will be bound by its tmma acid conditions and 'Will be responsible for paying all amamns owed. lA this Agreement, the Word8 -.Borrower," non „Your," and"Applime mean eaca and every person who signs this AgttanM including all Borrowers named above. The words "we," °us,- "our," and "Lendee tr can Citizens Bank as identified above. you agree to tiro following terms and eondiHoas: L PrOWSe to PAY. You protniet to pay Citimm Bank the total of all credit advances "trade by us tinder the terms of this AV==; airy other charges, and F.I N(M CHARGES due, together with all costs and expenses for which you are responsible nadir this Agrees w or tinder the "Mortgage" which accures this A$memmt. You will pay your Credit Lino acooe4ing to the pryrnent terms set forth below, 2- Form, The term of your Credit Line will be& as of the date of the Agreement ("Opening Date") and will continue until termination of your Credit Line Aeeottgi. All indobtcdncss under tmei Agreement, if not Already paid pp sumt to the psymcm provisions below, will be due ar4 payable upon termination. Mee "Draw Period" of your Credit Agreement will begin on a date, after the Opening pate, whin the Agrnemettt is accepted by us in the Coriawnwealth or State as identified about.: Commonwealth of Mummabusetts, State of Rhode Island, State of C tint, State ofNew Hempsl ire, Commonwealth of Poansylvania or 5tato of Delaware, fallowing the expiration of the right to caned, the perfection of 9rc Mortgage, and the meeftg of an of our other conditions and will continue for a period of Ten (10) Years, subject to the terms and uonditiom -tills Agroomtat. You. may obtain credit advances during the "Draw Period" not to exceed, at any time, the credit limit of your line of credit, which is $25.000.00 sad more fully deambcd in paragraph S, "Credit Limit", After the Draw Period ends, ke Repaymtnt period will begit, and you will no longer be able to attain credit advances. The length of tho > yment Period is Hileen (15) Years. The end of the Fiftccn (15) Years is known as the "Maturity Doc". Yon agree mat, at our disco-dc n, wa may mnew or extend the period during which you nmy obtain. credit adYanm or make paymcats. I paymeats. A) Draw 136noil You can obtain advents of credit for Ton (10) years (fde "Draw Ptmodw? You have chosen the payment opffon checked below. Tit option checked below is based an pre oMou that was indicated on your home equity 2Mitation. If no option was indicated on your application, the loan will default to Option One (Interest Only). ® Option One. Monthly Intemst-only payments - Undar this option, your paymcuts will be doc morrUy and veil: equal the finance charges that mmued on the outmumdlag prinripal balance during the preceding billing period, plus insurance prmrdums (if any), all other charges and soy amount past due. The Mirmmmn Payutept will not reduce the principal that is outstanding on your Credit Line Amount. This option will result In greater mgm=s ova the life of the Credit Lmc Account. ? Optdou Two: 2% of the balance - Under this option, Yom payments "U be due monthly and will equal 2% of ft Now Total Balance (which includes the principal balance and ontatanding fmanee charges as of the tad of the billing period plus insr>ratrcc pmaliums [if any], and all otbar charges), DOIFtoC"?o MAN ObJDR Page 2 plus late fees and any amount past flue. The MinimM Paymomf will equal 520.00 or the outstanding balance on your Credit Line Account, whichever is less. b) Cimarigllatg tour ]!haw Period PAyment Option You may change your Draw Period Payment Option b om Option d to Option 2, or Anna Option 2 io Clption 1. You must ask us in writing at least 15 days befon the start of the billing cycle in Vhieh you went10 change your Draw Period Payment Option. We do not have to to you obange your Draw Period Payment Option if; (1) any of your payments under this agreement am past due at the time you make your request; (ii) your account balance is higher than your credit line at the time when you ask us to change your Draw Period Payment Option, or (iii) we, in our sale discrr on, believe that your account is not in saw standing, e) RaMn3ent Period After the Draw Period ends, you win tta longer be able to aWn ere t advances and must repay time outstattditlg balance over 15 years (the "Repay=t Period"). During the RepaA=t Period, Your mgular payment will be based on an amottintion of your balaueo over a 180 ngmtlt period or $20.00, whdcbcver is >p,-,-.r. Your payments wilt bed= monthly. in calculating the payment amount by amortizing the balance over a 180 month pemtiod, we win use time applicable variable Artmttd Percentage Rafe it effect on the day we calculate your poymcnt. Your "Minimum payment" will be the regular payment, plus any amount past due and all other charges. In any event, if your Craft ae Account balance falls below $20.00, You agree to 14y your balance is fall. A change in the ANNUAL PERCENTAGE RATE can cause the balance to be repaid mare quickly er mm slowly. Wbcn rates dew, less itttctcst is due, so Haute of gm Payment repays the principal balance. When rotes itlC aw, more interest is doo, so less of the payment repays the principal balance, ifdais bappcns, we may adryst your Minimum Payment as follows: Bach time the ANNUAL PERCMNTAGR RATE increases we win review the effect the increase has on your Credit Line Account If the ANNUAL PERCENTAGE RATE has increased so much that Your brWintum Payment is no longer sttfi!icient to repay the b alattce by the Maturity Date, Yom Minimuur payment writ be inatcaacd by the amourt necessary to sepaY the baltttice by the Matiuity Date.. You agree to pay not less than the Minimum Payment on or before the Payment Due Datc indicated on your pctiodic billing statement d) Payments All payments trust be made by a check, motley orft, or other inatnUinent in U.$. dollars and must be received by us at the remittance addmn shown on your periodic billing stAt mmt. payments ""'V'e t At that address on say business day will be credited to your Credit Line as. Of the date receivcd. l'aYments May also be made at spy of our branch ofSce& You may also make PaYEilenm by authorizing us to debit your Citizens Bank checking accocutt tech month in the amount of the Minimum Payment. Payments sent by mail must be mailed early enough to insure receipt by us on the Payment Due Date. 4. App100011 of PatYmeuts. Unless other0wagreod or required by applicable law, during the Draw Period, Payments and other credits wilt be applied in the following order: to the oddest W4zid bmlliags first and then sequeetially to any other ua*d billings from the oldest to tbo most current. Payatents in excess of billed amounts will be credited to your account. During the ttepaymeni Period, Your payments will be applied in the following order, assuming that it is made by the Paytpeat Due Date: (a) T%c interest portion of the unpaid Minimum Payment; and (b) any additional amount paid that exceeds interest due will next be applied to the principal portion of the unpaid Minimum Nyment. If you make a paymezit greater that the Minimum P"cut, butlers than tbu Total Due shown on your periodic statement you wl1 still be requited to psalm the Minimum Payments in the months that follow. We Wi111 refund to you any credit bals¢rcc upon request if theta is a credit balance .,. on the date we receive the refund request. S. Credit Limit This Agreement covers a r+evolvitag line of credit for $zs, oeo. co which WM be your "Ctuaalit Limit" under Ibis Agreement This is the maximum area ti,at is to be mrfiftwed to you, If the Credit Limit is exceeded, you will be in default ofa material obligatiotz'under this Agrecmcnt and the provisions of paragraph 7; "Limitations on Use of Checks" will apply. You may borrow agai»st the Credit Line, repay any portion of the amount borrowed, mid tt-borncw up to the amount of the Credit Limit, You agree not to attempt, request, or obtain a credit advance fast will matte your Credit Trine Azectmt balance exceed your Credit Limit, Your Ckre t Limit will not be i:acraaood a wW4 you ovenlraw your Credit Line Account. If you exceed your Cmdit Limit, you agree to repay immediately the amount by which your Credit Line Account exceeds your Credit Limit, even if we.aave not yet biped you. Page 3 6. lgow to Dag fire Credit Line. You my obtain crtdit sdvsnces order your Credit Line by writing a Prqrbftd ' that we will supply to you, Credit Line checks arc specially dodpated checks which am be conwletcd Just like any other check. Bach check written add negotiated will rite a Cheek admWe'ii'om us to you. CbwJm dram on the Account on forms other dm &= forma suppliei by us for that purpose will not be honored. Each check you write will be paid with a cheek advance from yaw Ar`co= unless you are in default under this Agreement, ag described in p aph 23, "TsaininatiCG and Acoeleration or in those circnm7staners described in pa igraph 7, "I.imitkti4tls net Use of Checks." Your use of a Cheeic will be reflected on your periodic itaLeinant as a shock advance. Credit Line cheekcv will not be cmti5 by us an4 you ages thatwa mayretain the actual checks written by you, and need not retain the original cheeks to you. We may also provide additional ways of using your Account from time to time. If there is more thou Cue petsam apprized to use this Cradit Liac A000unt, each of you agree not to give us eonf_icting instruetiausy such as am of you telling us got to give cheek advances to the other. Airy such instructions will not be followed by us. l1Dwom, any one of you may canoe] YOM Credit Line under paragraph 30, "Ouneenation by you". 7- Limitations on Use of Cheeps. We reserve tht right not to honor Credit Lbte chocks in tlt0 following Circumstances: (9) Your Credit Limit has bean, or would be, meeeded by paying the cheek. (b) Your check is post-dated. If a post-dated check is paid and as a result say other obwk is returned or not paid, we are not responst'ble, subject to my applicable law, (e) Your checks hays b= reported lost or stolen. (d) Your check is not sisaed by an "Authorized Signer" as defined below. (e) Your Credit Line has becn terminated or suspended as provldad in this Agreement or could be if we paid the check. (1) You are in violation of any other tttmsaction requirement or would be if we paid the chock. If we pay any check under thane ei woAttmces, you rarest repay us, subject to applicable laws, for the tmreunt of tho check. The check itself will be evidence of your debt to us together with this A =men Our liability, if AMY, for wrongful fthow Of e check is limited to yank actu1 damages, Disbonor for arty reason as pmvtded in this Agreerent is not wrongful dishonor. & Authotied *Wrs. The words "Authorized 3ipei" an checks as used to ibis Agreement mean and mehtdc Bch person who (a) signs the applio tion for Ibis Credit Line, and (b) signs this Agoemcut. 9. Stop Payments. We do not honor stop payment Wm for disks drawn against your ova puns Account. You tbcrefore should not use your Credit Line Account if you aaticipato the need to atop payment. You agree that we will have no liability to you or to arty other petty because we do not horror stop Payment otdcrs. 10. Last Checks. If you lose your checks or someone is using them without year pamissioa, you Agree to notify us imme&0191Y. The fastest'%%Y W notify us i$ by caking us at (800) 922A998. You also can notify us at Cttizeos Sank. Consumer Lama See kk1g, 1 Citizens Drive, Ri" ids, RI 02915, U. Charges to Your Credit Liner We may charge your Credit Litre to pay other fees and costs that you are obligated to pay under this Agreement, under the Mortgage or under any athcr document related to your Crodit Line. In addition, we may charge your Credit Line #•ct' ftMds required the continuing imuranco coverage as demlmd in the paragraph 13, "Instuancc" or as desonW in the Mortgage. We may also, at our option, charge your Credit Lirre to pop mW costs or expenses to protcct or perfect our stomity interest in your dwalling. Thesc costs or expenses include, without limitation, pmym mts to cure defaults under any existing liens on yaw dwelling. If you do not pay your property taxes, We Toay charge your Cm & Line and pay the delinquent taxes Any amount so charged to your Credit Line will be a credit advance and will decremse the funds eva,7able, if any, under the Credit Line. Howcm, we have no obligation to provide any of the credit advantces referred to in this pmigmph- 12r CaUateral. Ttds Agreemtltt is secured by a Mortgaga dated 03/01/2004 to us onpy l+ocatod in COta XRLW County, Stare or Cornmomvealth of PR T (the l'roparty"). We have riright. but are not required. to take such action as is necessary to protect our Security Intiomt deam%od in this paragraph. Any amounts we may pay in ex=,aiog our right to protect our Socurity Iatemt =Wt be paid by you ou dad and, and will In" iptorwt at the Annual Pem ntag4 Rate than applicable to your account, Page a 13. lass me. You must obtain insurance on the property screwing this Aguaemeut through any company of your choice that is reasonably satidwtory to us for the leaser of the replacement cost of the buitdinp or appurtenances on the Property or the amount of 8ne Cma Line plus any priority liens. You Must== Citizens Bank as mortgagee on all re quimd insuuance policies. The ina,m,nge you maintain must provide for Ten (10) days notice of eannellation to us. If the P,apcrty is located in it designated Flood Zone, you moat also maintain flood msunmoe on the Property. Subject to applicable law, if you fail to obtain or maintain msaance as requited har+ein or in the Mortgage, we may purchase insurance to protect out own interest, add the pretc ium to year balauco, puusac any other remedies nvailablc to us, or do any one or more of these things. tin the event the Borrower fails to obtain and maintain buy insurance on tb6 Property required by the Under, the Borrower understands and agrees that the Lender may, at its option (unless required to do so by applicable law), obtain and maintains rho required insurance and pay the premium(s) for such insuvance, and either; (i) add the cost of the insurance to the utrpaid principal balance owed tinder the Agreement (in which case the Borrower agrees to repay the cost of the insurance in accordance with the repayment terms of the Agreement), or (ii) bill tho Borrower separately (in which case the Borrower agrees to pay the bill ftnmediately). The Borrower agrees to pay interest on any such amounts at the interoat rate provided in the A,gCeement until such amount; ate rcpsid in frill. The Borrower understands snarl Mmowledges that any insurance obtained and mar immed by the Lender may (i) only protect to interests of the Lander and any other Otwitor with a prior mortgage on the Property, and (it) be molt; a4gunvo dminsui=i ce obtained and t cd by the Bon-over. 14. Itkk of Setoff. We have the right urnder the law to transfer funds held in any deposit saccurd that airy sermon who signs this Agreement has with us or an aflllisted banX to pay or reduce your obligations if you are in default under this Agreement or we terminate or accelerate Acooutlt. You grant to us s oMMuctual ? Credit Lilts Bali p°sseesory security intccest in, and hereby assign, convey, deliver, pledge, and ttans&r to us all right, title and interest in and to, your accounts with us (whather checking, savinga, or some, other aCCWlnt), including without lituitation all seoounts field jointly with someone else and all acmmta you may open in the futrnc, exc however all MA, Keogh, bad boat accounts, You authorize us, to tbo extent petntitted by appu cable law, to ohargo or set off all sums owing umdw this Agreement ammut any and all such accounts. 15. Periodic: Statements We will send you a periodic statement for all check advances grade under this AV==t during the Ikaw Period trod for art motnthly pay mots due dieing the Repayment Period. The stammcut will show, among other things, papnv= and Credits, check advances, FINANCIZ CHARGES, iMrancc, and other charges, your rfmow Total Balance, and your New Total Balance. Your statement also will identity the hfi man Payment you must make: for that Wilintg pcaiod and the Payriient Due Date. All periodic sta#emeata shall coclusively be cwmActod to be eonvot and accepted by you unless we arc notified in writing of arty alleged errors within 60 clays afar receipt. 16. FINANCE CHARGE& You will pay a FINANCE CHARGE on the outstanding amount of &a principal balance under your Credit Lore, once each billing cycle during the Draw Period and The RePOment Period. The sMANCE CHARGE will begin to accrue on the datc advances are posted to your Credit Line Account. Them is no "grace period" which would allow you to avoid a FINANCE CHARGE on your Credit Line advaaoes. M NANCE CRARGFE do not secure on any undisbursed proceeds. 17. Method Used to Deters to the Balaaee on Which the FINANCE CHARGE Will loo Computed. We figure tit FINAIM CHARGE on your account by applying the daily periodic rate to the average daily balance of your Credit Line Account and then nnaltiply by the umber of days in the billing cyclo. To get the average daily balance, we take fm tedal beginning Maw of your Credit Line Account each day bad add new advances and sn#biraet ft principal pQrWn of any payments and etti`dita. he bepignusg boraces for flue period is the New Principal Ha]a oec amount, from your previous Btatet110nt To detertttine the principal portion of a payment, subtract any unpaid MANCE C1iIARGES then insurance promiumis (if may) sod men5buu8hip fees other charges (if applicable). Tbls gives us tlae daily principal balntce each day. Then we add up all the daily prrncipat balances for ire billing cycle and divide the Sorel by the number of days in the bilIiu oycia (the umber of days since your Iasi statetne?). Ting gives uus the average daily balance. The average daily balance flocs not, ludo finance ol>argec, insurance Premiums, menmbetship fees or other charges, 1&. How You May Csmputc the Finance Charges On Your Line of Credit Accm m& When the average daily balance has Inca computed, you multiply the average daily balance by the d4 rpcriodic rate which is strived at by dividing the Annual Percentage gate by the number of days in the year. the -wlt is nviltiplicd by the number of days in the billing cycle. This figure is the p'INANCE CRAX(;E assessed fcr the Wiling cycle. Page 5 19. Pat7adlle Elate and Corrarpobdiag ANNUAL PERCENTAGE RATE. '9i?'e wig detztutime the Periodic Rate au@ the Omesp(m4mg ANNUM. cEnAGE BAYS as follmm. We start wilt au mdc;=4eot index, (the Info-), which is The WA Street Iffinnal pfim Rate, publiOW daffy in the listgtg of "Money Rates." We will nee the Index value rinblisbed an the last busies day of each month for arty ANNUAL, ftRC,ENPAGE.RATz adjuatinwL If the Index i$ too longer gvat7able, OYc will choon a new latex and margin The thew i»dax will haw an hiaiarical movement 9lnnil6i t0 the original Index and margin, and dte taw hndex and margin will rmdt in an Am us] Pacentep Rate that is subsmdak.simAor to rite rate in effect at rho time the The Index is not neeesaarilY the lowest rate ehatged by us on o°ur henna. To " determine e u tite nav Paieriodic odic B.ste tltat wr`ll apply to yarn Cretin I.iru Account, we add a margin bo the va]trc oi'the Index, thou divide the value by flee number of days in a year {dtdly}. ?a obtain the ANNCIAL P?tCEI?TAGk; RATE, wa mtsitigly the Periodic Rate by the number of days m a year (dat?r}. Y4nie trsnlt i$ the ANNCTAL PE$C)?Ni'AGR RATE. The Ak?TIIAL PGRGENI'PAC> RARE inoludts only mtarest and no outer costs. The Periodic RM ad the cc=pWXjjcS ANNUAL pERC AGE RARE on Your Cmdit Line ouill fnerrftw or dexa uw as the Index increases ar decreases 111m time to time. Amy mcuse in the Periodic late will take the form o£biglw payment amounts. Ad,justmeaGS to the periodic Babe and rho Co mg ANNUAL PEBCasNTA(;S RATE rrsultiag gom changes in the Index wt11 take effect on the first day of the next billing cycle. The nmxi ANNUAL PERCENTAGE RA'Z'E during the Rt'c.af your Credit Lane will be 18.00056 ar the maximum rate aVo wed by applicable lawn. Ia ao event will the ANNUAL kEAcENTACE $ATz be less than 2.500% dating the life of yore credit Line. As of the date this Agreement was prig, the ludex is 4.25 %per annum. Based on that Index value, we estimate that the initial Periodic Rate sad the oorrcapondntg ANNUAL PERCENTAGM RATE on your C mdit Line for fm first billing cycle will be as stated below; The iintisl Periodic Rate and oorrespomding ANNUAL PERCENTAGE RATE actually in eftet during the first billing cycle, wbich will bo disclosed on your first periodio statemeiv, may differ @am these estimates if the Index ohmgcs between •tbe date this Agreement w" pri mtod and the date you sign this Agreement. Margin Added ANNUAL to Index PE&ClylgTAGE RATE Dilll.y Pert Itate 0.250 % 4-00000t 0.01026% 20. Canversloa-Option, YOU= awrolise The Option W GWYect to a fixed Tate only at the and of the Draw Period. Your ANNUAL PERCENTAGE RATE rosy igcreuc if you exercise this option to aonvart to a fixed rate. The fixed rate will be dammined as follows. IU ANNUAL PERCENTAGE RA'P'E will be fixed during the entire Repayment Period and will be equal to 2 yx5o added to tho Index which is in eftot on the date that the final Draw Period payment is duc, bat will not be am than 18.005a. In the event the .Prlmt Rape is publiahed as a range of rates, then the lowesr•xate published shall be the Index, If The Wall Strect.7e 9W ceases publication of the Prime Rate we may select a substantially similar Index tivl; cb we will use to determine the ANNUAL PERCENTA(Z RAT.L for the Repayment Period. In no event shall trim Finance Charge exceed that allowable under any epp:icable law. If it is dctmmined that the FMUCO Charge would; =opt for this provision, exceed tho ma ximumt rate allowable, Q excess payments shy be considered to be payments on the principal balanec due limounder and shall be applied aeoordingly, 21: Annual Fee. There is no Annual Fee iqr the first your. llivwftar, a non-refundable Annual Fee of $50 will be chuged to your Credit Line Account on eaeb annivm=y of your credit Lim during the Dtanw Period. We will lower Your Annual Pee by $25.00 if you mkuWa a Citizens Cache Gold Checking Aoeo=t or nary other deposit relationslup account that we may deem from Um to titre to w0ti'rattt a discount, If you close your Citizens Circle Cold Checking Accoimt or other designated deposit relationship account, a non-ro tWable Annul Fcc of $50.00 will be charged to your credit Line Account on caeb Anniversary of your Credit Line Amant, during the Draw Period thereafter. page 6 22 (a). Late Charges. brpettding on the state or commonwealth identified above, your late fee will be calcuiatod as foLlows: WA; Yom payment will be lax if it is not received by us within 15 days of the "Payment Due Date" shown on your parlodie mbin ent. If your paymem'is lax, we may charge you 3.0001% of the payment or $10.00, whichever is lees. You Will pay this late charge CWY once on any late payment. CT and RN: Your payment will be late if it is not received by us within 10 days of am "Payment Duo Date" shown on your perledic xtet aL If your payment is late, we may ebargo you 5.000% of the payment or $10.00, whichever is le% NS: Your payment will be lute if it is not received by as within 10 days of the ")payment Due hate" 9WWn on yoer periodic statetutmt. If your payment is late, we May Charge you 74006/a of the payment or $12.50, whichever is greater. PA and DL: Your payment will be late if it is not received by us wid?a;15 days of the "Payment Die Date" shown on your perlodle statement. If your payment is We, we my charge you 10,000% of the payment or 520.00, whichever is greater. 22 (b). NMPAYtiICL f. If you pay off the entire balance and 6168-5 your line of credit account Wore the due date, you may be charged a penalty as 5ollows: Cl' (first lien), D$I ME, M VT: If you pay off and close your line of credit account within two (2) years after the date of the Agreement, we tnay charge you, and you agree to pay as, a penalty of 5250. Cl' (second lien): if you pay off and close your line of credit account within two (2) years after the date of the Agreement, we may charge you, and you agree to pay us, a pcaatty of the Iowa of faro percent (5%) of the priteipalbalanee that you prepay cf $250. RE If you pay oft' and close your Litz of credit account within the first year of the date of Ox Agreement, we may chWV yea, and you agree to pay ns, a penalty of the lesser of tw6 P=ent (2%) of ft balance du at the date ofpayofl'or $250. MA, MA W, OX PA. If you pay oft' and o:pse your Line of mvdit acco;mt before the due data, you will not have to pay a penalty. 23. T"Ination cad Aceelaratioa. The entire ugaid balance of your Credit Line Account, including unpaid fees and Finance Charges. shall at our option become immediately due nod payable and we can terminate your Credit Line Account by sending you t,oticc, if any of the Mowing occur: (a) You have at any time in co nectiam with this Credit Line Aoeount, including your application for same, committed fraud or lim made, or make at anytime, say materiel misrepresentatim, For purposes of this provision, fraud and material n is rc mcatation shall mean knowingly making arty false fimancial or ollusr statement with the intent that it be relicd upon by us and/or intentionally farting to disclose information in connection with the Credit Litre Account; (b) Failure to melon any payment under' this Agreement; (o) Your action or inaction adversely affects the collateral for the Cae& Line Account or our tights in the eo:LattaaL This can include, for examplq failure to tnamtafn required inSut =e, waste or desrruadve use of the .Property, hilm to pay WADS, fadm to maintain adequate insursnon;'for tiro Security, death of all persons•lisblc on the Credit Line Account or the death of any of the Borrowers if the ollateral is adversely af'foctcd by such death, trausla of title or salt of the Property, the property is taken through eminent domain, credo of a senior "en 6n the Property without our permission, foreclosure by the holder of a pilot lien or the use of the dwelling for prohibited purposes. Pose 7 2A. bins mMan or Beduca m, In addition to arty other rights we may have, (neither notice nor your agreement is requi:4, we can sued additional eMnsioas of credit or redact your Credit Latin during any period in which any of the following see in effect (a) The value Of the Pmxrty declines significantly Wlow the Property's appraised value for purposes of this Credit Lure Accm= This includes, for example, a decline such that the iuitlal difference bclwm the credit limit and tits available equity ig cad XW by fitly percent and may incline a smaller decline depending on the individual Dircurrstanoea; (b) We reasonably believe that you will be unable to &Ml your payment obligations under your Credit Line Account due to a material change in your famoiai cirou=Mces; (C) You are in default under any tat I ,, al obligations of this Credit Line Account. We consider all of your obligations to be material. Ca#egorim of material omptious inchtde the events desanbed above under paragraph 23, OTermintim and Aexleratkm , obligatiems to pay fees and charges, obligations and limitations on the receipt of 0teedrt advances, obligat m Concerning mcnicnanoe or use of the Property, obligations to pay and perfomt the terms of any otee deed of trust, mortpgo or lease of the Property, obligations to notify us gnd to provide dw=estts ar infgrmgdau to us (sash as updated financial it $=R ion), obligaticros to comply with applicable laws (such as zoning restrictions), and obligations of any counter. No da&ult will occur until we mail or deliver a notice of default to you, so you can restate your right to bradit advances; (d) Govemment action prevents us from impasM tht ANNUAL MRCENTAGE RATE provided for under this Agrement, or impairs out security interest such W the vahre of fM Property is less than L20 percent of the glut line; (e) We have bett< notified by governmental sutlmty that continued advances may constitute ad ttitW4 and unsound btMirress practice. We MO charge your accotcnt for appraisal and Credit PAport fees we i0m r in investigating whether any condition pttnaitting us to suspend yarir credit privileges or reduce your crt&t limit continues to exist; (f) Tbt maximum A= W Percentage Rate is reached. If Your Credit Lint is suspended or terrniz atad, you must inmttdWely destroy an Credik Line chedim and any other ago= devices, Any use of checks or other ages devices mowing suspension or t Mmatm may be considered fraudulent. You wrll also terrain liable for any further use of such checks or other Credit Line access devices not returned to us. 25. Change in Terms. We may make cbauga to the tenets of this Agreement if you agree to the change in writing at tlrat time, if tho change will unequivocally benefit you throughout the remainder of your Credit Fine Aeeount, or if ft change is insigm5cart (such as changes relating to our data prooessing systems). 26. Colieetion Costs, If you far? to sb(de by any terms of this Agroctncnt and if we are p tad to do so by applicable law, we may hire ar pay someone 0180 to help CaC4 your Credit Line Acmint You will pay all reasonable collections costs, including reLwmble attorney's fees iznaarmd ley ua is the ooltectien of atneunks due under this Agttcm Jnt to tlr0 extent not prohibited by applicable law. This includes, subject to any limits under applicable law, our legal expenses whether or not therc is a lawsuit and legal expenses for bankraptcy proceedings (including et'faats to modify or vacate any automatic star of irnjum6tion), appeals, arui arty sntieipeted pgak jtrdgrrort oolleetieu services in New 13arppahe, if, but only it; by applicable law, w0 arc permitted to collect attorney's fees from you as part of our roars of eoiiecting any amoumts duo raider this Agreemeu then you, to the extent required by New 1;tampslune 1Zeviaed Statutes Amlotatcd Chapter 3?1 C, as amcrtdcd, shell be antitkd Yo teasonttblo attorrtay'a foes eyou provail in (a) any action, suit or pma eding brought by ua or (b) any action brought by you. If you succassfuily assert a partial defeose or seta rcc 7ttpmuQUt or eomutclaim to any action brought try 0, the cdUSt may withhold front u8 the erttrre amannk or such portion of the attorney `9 face as the Court corsidars equitable. 27. Oaday In En€orcenwa. Failure at any tithe by as to exercise any of our rights heretmder shall not oenetitute a tyvgivet of our right to exercise the same at a later time. Page a 28. Default, You will bo in default under this Agreement if arty of the following ocCUrs, each of which eonatmttes a breach of a material obligation Of youus trader this Agrt: (8) You fail to malom any payment when due or to pay any charge or fee when duo; (b) 'Your action or failure to not adversely affeots our mmeutity for your Ocilk Line Account or a right we have in the security (an anempt by any other creditor to take money or other property of yours that is in our possession is in examplo of a figure to act dint would adversely UZOOt our seounty or security intterest); (c) A coaart Zatemtines that you are bwfl mat or itwlvent; or (d) You gave or giye us false or materWIy mi6loading information in eonviection with any cxtmion of credit to you under your Credit Line Account. 29, Results of Default. If you am in deEaalt, we may lower your Credit Limit, we may vdwm to make any finther advances under this Agtt, we may refuse to pay any outsgttdibg that woul4 require us to make, an additional credit advance bb you, we may foreclose on the real property described in the Mortgages securing your Chit Line Account, we may taloc wbat va other action is pctmittad under tit, Mortgage, and we tray exercise any and $11 of our rights withrespeet to aay other ProPeMy securing your C reclit Line Account. We also may demand that you pay the full amount you owe on your Ltcdit Line Account iuunedtWly. You Wee ba pay any frosts we incur in colleo tg what you owe following your default to fire extent not prohibited by applicable' law. If we have to sue you to collect what you owe, you agree to gay our legal foes, including court oasts to the extant not prolu'bioed by applicable law. In addition to our other rights and remedies under this agreement and the Mortgage, we reserve the right to honor the check or Giber device used to obtain; ate advance without permanently raising your credit limit. Lf we honor the check or other device, the amount that is more than your artAt ]unit will bt due and Payable immediately. 30. Cancellation by You, If you Cancel your tight to credit advances under this Agreement, you trust rwti f y us in writing and destroy all Credit Lane cbeoks and any other audit Line Account access devices. Despite cancellation, your abligatimts under tbi9 Agreement will remain in full force and effect until you have paid us all amounts due under this Agreement. 31. Prepaytueot You may make additional payments or may pay back more thati the lAiuimuurt Payment Dale at any tame without penalty, subject to Seelioa 22 (h), except we will be entitled to receive all accrued FINANCE CM AGES, and other charges, if any. fbaymctds in exams of your Nfinimum'Payment will not robevc you,ofyoar obligation to con itnoc to maim your Nfrninturn Paymdnts. bnstezA they will reduce the principal balance awed on the Credit Line. If ynu mark a chock, mQncy order, or other instrumemt scan in payment with "paid inFul]" or with similar language, ruder this accept ? yment, and you will remain obligated to gay any AWVWr 811101111t owed to M 32. Nodees, All notice& will be sect to your address as shown in thia Agreement unless you notify us in wetting of any change in your address or name within thirty (30) days of the change. on joint V==U, notices sent to one will be emsidcred notice sent to all. 33. rnfarm4tlou About You, You authorize us to girt financial infartnadon about you from third parties, ucluding, but not limited to, a credit burea n, your cinployer, or anotber financial institution. You also authorize us to disclose iufmimation about your croclitworthmm wd this Account to a credit bureau, our affiliates and subsidiaries, and to others, unless expressly prohibited by applicable law. We may require a new appraisal of t11c Property which securers your Credit Lime at any time, including an internal inaP60dont, at dur Solt option and expense, except as provided for in paragraph 24, "Suspension or Reduction". 31. Docamen"oo. You Ogle to execute or ra-extoWe any document that we requast in order to oorroat any error or Mission in the orisml Ageement, security insb moat, or *am Ovdit Line Aeeanatrt related doeummts, including, but not limited to, Confirmatory or florrectivo ate 1n ty instruments. Fage s 35. Transfer or Asslgnramit. Without prior notice or approval from you, we reserve the right to sea or transfer your Credit Line Acp4= to another lcade , entity, or person, and to assign our rights under the Maa*4w Your tights under this Avveuatnt belong to you only and may not be transfinvd or assigned. Your obligations, however, arc binding on your heirs add legal represelt uvea. 35. Tax DQuaU llity. You undersmnd tbot Linder makes no reprcaematian or wauattty whatsoever concerning the tax wnsequenees of this Credit Tine Acomnit, including the deduetibuity of interest, and that you should consult with your own tax, advisor for gwdm= an this subject you also We fret bender shall not be liable in any manner whatsoever should the interest paid on the Credit Line Account not be deductible. 3'1. Gt1V9rni0g IAW. Tms Agreement is governed by ftxteral law and by the laws of the state or fammunwealth in wbibb the bank is located: The Commonwealth of Massachusetts, the state of Rhode Ulmd, the State of Cotmteotitatt, the State o€Nm Happshit e, aw Commonwealth of Pennsylvania or the State ofDolaware. TO the extent that federal law preen" state law, tlds Agreement is goVanad by federal law. If any provision of this Agreement conflicts with arty exiting or future law, it sball be deenned mo6ftod to tbo extent necessary to comply with such law and the validity of ft remaining terms 6ball not be affected. If you am a Maryland resident, idols Agreement is governed by f lcaal law and by the laws of the We or commonwealth in which the bank is locatxl, amcpt that to idle extant, but only to such extent, that this Agreement is not governed by the laws of the state or comauonweaith in which the back is k tted, tlto provisions of sections 12-901 et seq. (Cmlit Cnsator Revolving Credit Provisions) of the Commercial Law At*Wc of the Annotated Codo of Maryland shall apply. 38. Interpretatlon. The names given to paragraphs or sections m this Agreement arc for inference purposes only. They are not to be used to interpret or define the provision of this Agreement. You agree that this Agreement, togctbor with the Mortgage, is tba best evidence of you agreement with us. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itaelf v4I not mean that the rest of this Agreement will not bo valid or enforcmd. Therefaaa, a court may cnfoace the rest of the provisions of this Agreement cvea if a provision of this Agreement may bo found to be invalid or curenfarceable. If we go to court for any reason, we can use a copy, filmed or electronic, of say periodic statement, this Agreement, the Mortgage, or any other document to prove what you owe us or that a traa'saotion has taken place. Tire copy, microfilm, microikhe, of optical image will have the same validity as the m*ual. You agree bet, except to the went yon can show there is a billing error, your most currcnt periodic statement is titre best evidence ofyour obligatonA to pay. 39. Adamwiedgin trt. You tmdwdand and agree to the terns and conditions in this Agreement. By signing this Agreement, you admowledge that you bove read this Agreement, You also acknowledge receipt of a copy of this Agreement, including the Pair Credit Wing Notice and the early Hama Equity Line of Credit application disclosure, in addition to to handbook eotttled'Wbon Your Home 1s On the fine: What You Should Know About Home Equity Lines of CS=XV and disclosarcVnotim provided under applicable state law, given with the application before signing the Mortgage tad before using your Credit Lane Acwmt If there is more No one Borrower, each is jointly and severally liable on this kgreemmt. This means wo can require nay one of you to pay all mnoeuts due under this A€rcearcnt, including credit advances made to any of you. Each Borrower authorizes any other Borrower, on his or her sigG alone, to cancel dw Credit Line, to request and receive Credit advances, and to do all other things necessary to carry out the terms of tblB Agreement. We can release any of you fmm respwxbr'lity under this Agreement, and the other Borrowers will terrain rosponsible. ?age 10 You, the undmzigned, certify that you have insured dtC peopetty as identified in Section 12, entitled Callate '.. against 1024 by fire in an amount sufficient to cum this lien slid all SUPMior liras, and that the policy includes extended coverage and has a standard mortgagee clauac making loss payable to Citimss as its Mteregt spay appear. You agree it is your xeaponsiblity to keep tho premises, as identified in Section I2, entitled "Collateral", insured in an atnopnt at least squat to the replacement eat of any butfldttigs oil the luopcrty, until this Agreement is paid in full. You understand that you rosy pimohme any required itts=co through any duly liwzed ilisurancc agent and hMffA= campaay that is Tearottabiyacceptable to us. You axe not required to &W with any of ntr affiilistas when choosing an insurance agent or insurance company. Your choice of a particular inn anee agent cc insurance company will not affect our credit deomiay so long as the bisurancc provides adequate coverage with an i mat-r that meets cur rwwable requirements. All documents related to insurance for this belt should be mailed to the Nlowhtg address; Ci&.aA 33ank, Consumer Finance Operations 1 Citizew Drive itivtrside, RI 02915 (800)7os-6680 Autitorizathve of payments to Third Parties S 25,000.00 Credo Urdit 2p7.4S nmaant paid to others ou my behalf. RD gl?, Gtas;lr trf.8. 9 ? c ri me Paid to BAmms & a TR P id t . , • ]? 4' 3 9?95r>•+60 a o rARMMS & MZRCRAIM TR Paid to Cr M=8 SANK - Rl1 $ 573,1 1a7.2w00- Paid to ClTSZM2 MM - Rp S 444.-09 Paid to - S °'Op Paid to - $ paid to - S Paid to - $ Paid to - S Paid to - S Paid w - $ Paid to - $ Paid to • $ Paid to $ Paid to - $ Paid to + S 0.00 Atttoant reeeived $pm botrower - $ 0.00 Total fare to be paid by borrower + ,R p $ 4 89' 0A unaisbussed Funds s,l t 7 SO You underatmd. that no loan procoada will be disbursed u atff any notice of the right to cancel tithe peiiod nwitiedha9 expend. You auth&ize disbar =mw listed above And adlmowledse receipt of a filled iti copy of this itamintion of axuo=t financed, Pepe 1= You acbMwie<tge that any PaYcC Smut mf=md m lbo of Adwrim" of Payments to Ttrird Parties swVon of this Agtvcmentwere estimates based oa the bahatees listed on yma =& bum aped By sing below, you 4uttrori9a all handwutten ahSngos, nude to tote payaffilpW in ftS Agre®atk and cont3tm that these cbangee aceiam* wflecr the payoff f 8mm you provided et ela6irq;. You aetmvwiWp that you rftmved and read, ae applicable. the Home Equity dibo =e! Siatementa M,6ud to you during '10 avloa M p wbioh i OW& fa{port?snt Tkrw, Wktsn Your Nome a Ax the Line, b u*Jng Dtaotoaure 3tutetaent, Good Faith .Estimate. Aigkt to Receive a Capy of an Appmmdwl, CHz&w' Pledge Regarding the Responsible Use and Protection g lyt lmor Wormatlon, for MA raddmts oaly, Morreekuwto Mortgage L- DOdosurc, Untfo% MorigMe Loan Cosy Worksheet, Mammer 0wov to Obsait hq it MwIgagg for CT Toidenn only, n(artgggar's Right to CamtW, for RI re espy, Qtotee ofTak Attwzgy DisclosvM for M tesiduM only, Rsla to Owm Corm i Dimlotum, and for MID rondcub only, Peafta rg your Loan Appliamon, Seatement so,*es. If there is more than one Avw below, it t9 my/our lam do that ikts omunt be aJotrtt ocroant. You acknowledge fW with year application, you provided your comm to us to cbe* yon employmcut sad crodn history with any source and to answer gnesdous uboutyour credit mperiem with uL NOTICE TO NEW Y AORROWM& 9XAD TMS NOTE BYtJr U YOU SM. DO NOT SIGN TEM NOTE IF iTCONTAUgS BLANK SPACES, THE 140TE LS SEC MM BY A SEC01NDARY WGRY'GAGB ON YGM DEAL PROPERTY. This Agreement is dated q±/az sees. TFl]S AciRMAENT IS SjoN= UNDER SEAL. x Effet:&e 0bbursemeat Date; _ "A17/1024 x Page 12 B3I,LING ERROR RIGMS YOUR BII,UNG RIGHTS J=P TMS NOTICE FOR FUTUILE UaK This notice contains impottattt W mmnath m about your rights and our responsibilities under the Fair Cfedit B11jq Act. Notify us In case of errs or questions aboutyoar bill. If you think yow bill is wrom& or if you treed more information about a transactim on your bin, write us on a separate sheet at the acerc-ss checked at the begiwmi ng of this Agfeem= or at the address listed out the back of yow bill. Write to us as soon as possible. We must hear ixnm you no IwW than sixty (60) days after we seat you the fast bill an which the error or problem appested, You can telephone us, but doing so will not preserve your rim In your lever, give us the following information: Your name and account number. The dollar amount of the suspected error. Desoribe the error and explain, if you can, why you believe there is an am, If you need more information, tescribe the item you are not sure about. If you have autboaizod us to pay your bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To atop the payment, your letta must reach us three (3) business days•bcforc the automatio payutentis scheduled to occur. Yawr tights wad our responsiblFidest after we receive your written notice, We must acknowledge your letter within Oft (30) days, unless we have corrected the error by then. Within ninety (90) days, we must either correct the error or explain why we bellm the bill was correct. After we receive your letter, we cannot try to collect airy amount you question, of report you as 44inqucmt We can continue to W.) you for the amotMt you question, inchWing f awn charges, and we can apply any tutpaid Surmount against your Credit LitrA You do not have to pay any questi'sped amount while we = invastigeting, but you are still obligated to pay tho pacts of your bill that arc not in question. If we find that we made a mistakc on your bA you will not have to pay any finance charges rolatad to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you un'ti have to make up any missed payments oa the questioned amoun . In either case, we will seed you a statement of the amount you owe and the date on which it is duo. If you fail to pay the amotult that we think you owe, we tray report you as delinquent. However. if our explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone wo reported you to. We must tell anyone we report you to that the matter has been settled bctweat as when it fmally is. I we don't follow those toles, we can't collect the faV 350 of the questioned amount, tven if your bill was ewreol. EXHIBIT "B" 01/022007 .22:19 CONSUMER FINANCE FORECLOSURE + 91Bee9994173 N0.622 4001 n .:J?,:LiUI< C ?e Fl $T iEs -Y LOA 's 429 F055E 4 A`;4^ CITIZENS BANK PENNSYLVANIA ROME EQUITY LINE OF CREDIT OPEN-END MORTGAGE (Securing Future Advances) ' THIS MORTGAGE is made on 09/01/2004 The mortgagor is ROBERT G DMENHAFER GEORGE W DIlT&Imam (DECEASED) HELEN M 7]TI'fMMAFER (DECEASED) PAOPEN REV. 03/04 First Americ? 05K 18 8 1 PE 0 2 f 3. Page I 11111111110101101111111711111111 in!NIB n ?; o to ? {j 6h r ? CC} -a m ? rl .m ? ' •l i 7 01/02/200? 22=1S CONSUMER FINANCE FORECLOSURE 3 918889994173 NO.622 1?002 Ibis Mortgage is given to Cltions Bank of Pcnnsvlvania whose address is 1735 Market Street Philadelphia, PA 19103 ('Zefider'?. in this Mortgage, the tet w ll}rm" "yolk" and "yours" refer to the mortgagor(s). The terms "we," 'W' and "oar" refer to the Lender. Pursuant to a !;Tome Equity Line of Credit Agreement dated the same date as this Mortgage ("Agrewaent"), you may incur mwdmuaa unpaid loan indebtedttess (exclusive of interest thereon) in amounts awtnating from time to time tip to the maximum principal stem outstanding at any time of $ 25M.00 - Dollars . The ADvement provides for a final scheduled installment due and payable not later than on 09107!2(}29 . You agree that this Mortgage shall continue to wcure all sums now ox hereafter advanced under the terms of the Agreement including, without limitation, such stuns that are advanced by us whetheror not at the time the sums are adva=ed there is any principal sum outstanding under the Agreement The parties hereto intend that this Mortgage shall secure unpaid balanoes, future advances and all other amounts due to us here under and under the Agreement. This Mortgage secures to us; (a) the repayment of the debt, evidenced by the Agreement, including future advances, with interest; and all refmancingsy renewals, extensions and modifieoti m of the Agreement; (b) the payment of all olhor sums, with interest, advanced under Ibis Mortgage to protect the security of this Mortgage; and (c) the performance of your covenants and agreements under this Mortgage and the Agmement For this purpose and in consideration of the debt, you do hereby mortgage, great and convey to us and our successors and assigns the following described property located in CUMBERLAND , Pemylvania: SEE ATTACHED SCHEDULE A which has the address of 325 NORT1l EAST STREET, CARLISLE, PA 17013 Page 2 ("Properly Address"); % 1881 RUG 0214. 01/02/2007 22:i8 CONSUMER FINANCE FORECLOSURE -> 918889994173 NO.622 POM TOGE'I ER WITH alt the improvements now of hereafter erected on the property, and all easements, appurtenances, and futares now or hereafter a part of the property. All ieplaoeme nts and additions shall also be covered by this Mortgage, All of the foregoi-ag is referred to in this Mortgage as the 'Ruperty-" YOU COVENANT that you are lawfally seized of the estate hereby conveyed and have the right to mortgage, grant attd Convey the Property and that the Property is unencumbered, except for encumbrances of record You warrant and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. YOU AND VM oovmaat and agree as follows,, 1. Payment of Principal, Interest and Other Charges. You shall pay when dae the pdncipal of and interest owing under the Agreement and all other charges due hereunder and dne under the Agreement 2. Application of Paynteiats. Unless applicable law provides otherwise, all payments received by us under the Agreement and Section 1 shall be applied by us as provided i a the Agreement. 3. Prior Mortgages;, Charges; Liens. You shall pcrfazm all of your obligations under any mortgage, deed of trust or other security instruments with alien which has priority over this Mortgage, including your covey cants to make payments who due. You shall pay all taxes, assessments, changes, fines and impositions attributable to the Property which may attain priority over this Mortgage, and leasehold payments or ground rents, if any. Upon our request; you shall promoy famish to us all notices of amounts to be paid under this paragraph and receipts evidenciug any such payments you make directly. You shall promptly discharge any lien (other than alien disclowd to us in your application or in any title report we obtained) which has priority over this lbloroge. We specifically reserve to ourseh cs and our successors and assigns the unilateral right to require, upon notice, fat you pay to us on the day monthly payments am due an amount equal to one-twelfth (1/12) of the yearly taxes, and assessments (inchtdmg condominfurn and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth (1112) of yearly premium installments for hazard and mortgage insurance, all as we reasonably estimate initially and from time to time, as allowed by and in accordance with applicable law. 4, Hazard Insurance. You shall keep tho'Pidperty insured agairist loss -by fit, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which we require insurance. This insurance shall be maintained in the amounts and for the periods that we require. You may choose any insurer reasonably acceptable to us. Insui rance policies and renewals shall be acceptable to as and shall include z standard /mortgagee clause. If we require, you shall, promptly give us all receipts of paid premiums and renewal notices. If you far? to maintain coverage as required in this section, you authorize us to obtain such coverage as we in our sole discretion determine appropriate to protect our i 0turest in the Property in accordance with the provisions in Section 6. You understand and agree That any coverage we purchase may cover only our interest in the Property and may not cover your Womst in the Property or any personal property therein. You also understand and agree that the premium for any such insurance may be higher than the premmum you would pay for such in!muancoe page 3 I, BK18S1100s215 01/02/2007 22:18 CONSUMER FINANCE FORECLOSURE 4 91BBa9994173 NO.622 0004 You shall promptly notify the insurer and us of any loss. We Way make proof of loss if you do not promptly d0 so. We may also, at our option and on your behalf; adjust and compromise any claims under the inffimce, give releases or. acquittances to The murance company m connection with the settlement of arty claim and collect and receivc it arance proceeds. You appoint us as your attorney-m-fact to do alt of the foregouag, which appointment you understand and agree is irrevocable, coupled with an interest with full power of substihttm and shall not be affected by your subsequent disability or incompetence. Insurance proceed& shall be applied to restore or repair the property damaged, ifrestoration or repair is economically feasible and our seomity would not be lmssaaed. Otherwise insurance proceeds shall be applied to sums secured by this Mortgage, whether or not then due, with any excess paid to you. If yomi abandon the Property, or do not answer within 30 days our notice to you that the insurer has offered tp settle a claim, then we may collect and use the proceeds to repair or restore the Property or to pay sums secured by this Mortgage, whether or not then due. Ilia 30-day period will begun when notice is given. Amy application ofproceeds to principal shall not require us to extend or postpone the due data of monthly payments or change the amount of monthly payments. If we acquire the Property ata forced sale following your doWt, your Tight to arty insurance proceeds resulting from damage to the Property prior to the acquisition shall pass to us to the exicnt of the sums secured by this Mortgage immediately prior to the acquisition. You shall not permit any condition to exist on the Property which would, in any way, invalidate the insurance coverage on the Property, 5. Preservation, Maintenance and Protection of Use Property; Borrower's Loan Application; Leaseholds. You shall not destroy, damage or substantially change the Property, allow the Property to deteriorate, or commit waste. You sh&be in default if any fwf6tnre action or proceeding, whether civil or criminal, is began fmt in our good faith judgwnt could result in forfeiture of the Property or otherwise materially impair the lien areated by this Mortgage or our security interest. You may cure such a default; as provided in Section 17, by causing the action or proceeding to be dismissed with it nAiag that, in our good faith determioa inn precludes forfeiture of your interest in the Property or other material impairment of the lien created by this Mortgage or our security iulmst. You shalt also be in default if you, during the loan application process, gave materially false or inaccurate informmatoa or statements to us (or failed to provide us with any material information) in connection with the loan evidenced by the Agreement: inoludiug, but not limited to, representaflons concerning your occupancy of the Property as a principal residence. If this Mortgage is on a leasebold, you shall comply with the lease. If yon acquire fee We to the Property, the leasehold and fee title ahall not merge unless we agree to the merger in writitrg. 6. Proteetiorr of Our Rights In the Property; Mortgage Insurance. If you All to peafPrm the covenants and agreements contained in this Mortgage, or there is a legal proceeding that may significantly affect our rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then we may do, and pay for, anything necessary to protect the Property's value and our rights in the Property. Our actions may include paying any sums secured by it lien which has priority over this Mortgage or any advance under the Agreement or this Mortgage, appc&dAg in court, paying reasonable attorney's fees, paying any sums which you are rcq*ed to pay under this Mortgage and Page 4 01/02/2007 22:18 CONSUMER FINANCE FORECLOSURE -) 916689994173 NO.622 9005 required to pay under this Mortgage and entering on the Property to make repairs. We do not Kaye to take any action we aie permitted to take tinder this paragraph. Any amounts we pay under ibis paragrapb shall bworne additional debts you owe us and shall be secured by this Mortgage. These amounts shall bear interest from the disbursement date at the rate established under the Agreement and shall be payable, with interest upon out request if we required mortgageinsuranoe as a condition of making the loan scoured by this Mortgage, you shall pay the prernhu ns for such insurance until such time as the regtdroment for the insurance terminates. 7, Inspection. We may enter and inspect the Property at any reasonable bate and upon reasonable notice. & Condemnation. The proceeds of any award for damages, ifirect• or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, arc hereby assigned and shall be paid to us. If the Property is abandoned, or if, after notice by us to you that the condemnor otllus to make an award or settle a claim for damages, you W to respond tc us within 30 days after the date the notice is given, we are aat wrized to collect and apply the proceeds, at our option, either to restoration or repair of the Property or to the stuns secured by this Mortgage, whether or not then due. Unless we and you otherwise agree in waiting, any application of proceeds to principal shall not extend or postpone the duo date of the monthly, payments payable under the Agreement and Section l or change the amount of such payments. ! 9. You Are Not Rt leaned; Forbearance by Us Not a Waiver. Extension of time for payment or tnodi Sk atioa of amortization of the mans secured by this Mortgage granted by us to airy of your successors in interest shall not operate to release your liability ar the liability of your successors in interest. We shall not be required to commence proceedings against any successor in interest rcfm to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by you or your successors in interest but forbearance in exercising any right or remedy shall not waive or preclude The exercise of any r*t or remedy. 10. Successors and Assigns Bound; Joint and Several LIAbility; Co-signers. The covenants and agreements of this Mortgage shall bind and benefit your successors WA permitted assigns. Your covenants and agreera=u sball be joint and several. Anyone who co-signs this Mortgage but does not execute the Agreement: (a) is co-signing this Mortgage only to mortgage, grant and convey such person's interest in the Property; (b) is not persowdly obligated to pay the Agreement, but is obligated to pay all other sums secured by this Mortgage; and (c) agrees that we and anyone else who signs this Mortgage may agreo'to extend, modify, forbear or make any accommodatious regarding the temps of this Mortgage or the Agreement without such person's consent. 11. Loan Charges. If the loan secured by this Mortgage is subject to a law which sets maximum loan charges, and that law is malty interpreted so dint the mtemst or other loan charges colle&ted or to be collected in connections with the loan exceed the pera tted limits, then: (a) any such loan charge shall lie reduced by the amount necessary to reduce the charge to the permitted linit; and (b) any sums already Collected fromm you which exceed permitted limits willbe refunded to you. We may choose to make this refund by reducing the principal owed under the Agreement or by making a direct payment to you. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge wader the Agreement. Page 5 Pg188!P20,2#7 01/02/2007 22:18 CONSUMER FINANCE FORECLOSURE 4 918889994173 NO.622 D006 12. Notices. Unless otherwise required by law, any nonce to you provided for in this Mortgage shall be delivered or mailed by first class -Ril to the Property Address or awry other address you designate by notice to us. Unless otherwise required by law, any notice to us shall be given by first class mail to our address stated above or any other address we dtsigaate by notice to you- Any notice provided for in this Mortgage sbatl be teemed to have been given to you or us when given as provided in this paragraph. 13. Governing Law; Severabiliity. The interpretation and enforcement of this Mortgage shall be governed by the law of the jurisdiction in which the Property is located, except as preempted by federal. law. In the event that any provision or clause of this Mortgage or the Agreernesrt conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Agreement which can be given effect without the conflicting provision. To this and the provisions of this Mortgage and the Agreement ate declared to be severable. 14. 'T'ransfer of the Property. If all or any part of the Property or arty interest in it is sold or transferred without our prior written coment we may, at our option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exerpised by us if exercise is prohibited by federal law as of the date of this Mortgage. 15. sale of Agreetment., Change of Loan Servieer. 'Ilia Agreement or a partial interest in the Agreement (together with this Mortgage) may be sold one or mare times without prior notice to you. A sale may result in a change in the entity (known as the "Loan Swvicee) that collects monthly payments due under the Agreement and this Mortgage. There also may be one or more changes of Abe Loan Servicer unrelated to the sale of time Agreement If there is a change of the Loan 5ervicer, you will be given written notice of the change as required by applicable law. The notice will state the name and address of the new Loan SenAcer and the address to which payments should be made. The notice will also contain any information required by applicable law. 16. Bazardws Substances. you shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or In the Property. You shall -not do, nor show anyone else to tic, anything affecting the Pmperty that is in violation of any flnviropmentul Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of Hazardous Substances in quantities that are generally recognized to be appropriate to normal residential uses and to maintenance of the property. You shall prorrrptly give us written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmmpl Law of which you have actual knowledge. If you leamt or are notified by any government or regulatory authority, that any removal or other remedistlon of any Hazardous Substance affecting the Property is necessary, you shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Mortgage, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Emiromxmul Law and the following subs=ces: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this Mortgage, "Eraviromnental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or em+ironmeutal protection. Page 6 8K18 &IPrb, 01 218 01/02/2907 22:18 CONSUMER FINANCE FORECLOSURE 4 918889994173 NO.622 D007 r 17. Actelerat on; P-amedies. You will be in default if (1) any payment required by the Agreement or this Mortgage is not made when it is due; (2) we diseoer that you have committed fraud or made a material misrepresentation in connection with the Agreement;, (3) you take any action or fail to take any action that adversely affects our security for the Agreement or auy right we have in the Property; or (4) a court determines that you am bankrupt or insolvent. If a default occurs (other than under paragraph 14 hereof, unless applicable law provides otherwise), we will give you notice specifying. (a) the default; (b) the action required to core the default; (e) Mien the default mast be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums sued by this Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice shall further Worm you of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nomiaisteuee of a default or any other defense you may have to acceleration and foreclosure. If the default is not cured as specified in the notice, we, at our option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. We shall be entitled to collect in such proceeding all expenses of foraclosure, lnelnding, but not limited to, reasonable attorneys, fees as permitted by applicable law and costs oftitle evidence. 18. Discontinuance of Enforcement. Notwithstanding our acceleration of the sums secured by this Mortgage under the provisions of Section 17, we may, in our sole discretion and upon such conditions as we in our sole discretion determine. discontinue any proceedings begun to enforce the terms of this Mortgage. 19. Release. Upon your request and payment of all sums seaared by this Mortgage, we shall discharge end satisfy this mortgage without charge to you. You shall gay any recordation costs. 20. Additional Charges. you agree to pay reasonable obargm as allowed by law iu cotmection with, the servicing of this loan including, without limitation, the posts of obtsiaing tax searches and subordination. Provided, however, that nothing contained in this section is intended to create and shall not be construed to create any duty or obligation by us to perform any such act, or to execute or consent to any such transaction or matter, except a release of the Mortgage upon full repayment of all sums secured thereby. 21. Waivers, You, to the extent penanftted by applicable law, waive and release any error or defecu in proceeding to enf=e this Mortgage, and hereby waive the benefit of any present or fuwre laws providing for stay of execution, extension oftime, exemptirln ft'om atiacbment, levy and sale, and homestead exemptitm No waiver by us at any time of any term, provision or covenant oontained in this Mortgage or in the Agreement secured hereby shall be deemed to be or construed as a waiver of any other term, provision or covenant or of the same temr, provision of covenant at any other tense. 22. Reinstatement Period. Your time to reinstate provided in Section 17 shall extend to one hour prior to tics eommeneeomt of bidding at a sheriffs sale or tither sale pursuant to this Mortgage. 23. Purchase Money 11lortgage- if any of the debt secured by this Mortgage is lent to you to acquire title to the Property, this Mortgage shall be a purchase money mortgage. Page 7 t{ioRiPr2iQ 01/02/2007 22:18 CONSUMER FINANCE FORECLOSURE 3 918809994173 NO.622 D009 24. Interest hate After Judgment. you agree that the bAcrest rate payable after a judgment is entered on the AgrcenwO or rn an action of mortgage f0r=10sute Shall be the rate payable from time to time under ffie Agreement IN W,t'MSS WW =0F, you have hereunto set your hand and seal the day and year fast above written.. ROBERT G D=BNt1AL'-BK l' GEORGE W Dl'i"I'ENWER (DECEASED) IAN M 1)I1TENHAFBR (DECEASED) Page 8 6K 188 i PG0220 01/02/2007 22:18 CONSUMER FINANCE FORECLOSURE ? 918889994173 r NO.622 51009 CERTMCATE OF SESIDEWE 01: MORTGAGEE I do hereby certify ghat the pracise address and principal place of business of the wi0 t named mortgagee is: 1735 Market Street Phtladelphla, PA 19103 Citizens Bank of Fanrt8Y1Van Name^4.}.{„j Tit1w. Clerk: Please return to: CITIZENS SANK Consumer Loan Servicing - RH212 480 Jefferson Eoulward Warwick, RI 02886 Page 9 9K i 88 1 ?G022 01/02/2007 22:18 CONSUMER FINANCE FORECLOSURE 3 918889994173 INDIVIDUAL ACKNOWLEDGMENT STATE OR COMMONWEALTH OF ?ennsat,01 - )ASS: NO. G22 D010 COUNTY OF Cv-vAS "a On the k y day of before me appeared ROBERT G DITTENHAFER to me personally known to be the person(s) whose name(s) is/are subscribed to this instrument, and such person(s) acknowledged that he/she/they (l) executed the same for the purposes therein contained, and 00 executed this Instrument as their free act and deed. IN WITNESS WHEREOF, i hereunto set my hand and ofFicial seal. yt: li Y ,q (Official Seal) Not Lr- a Gal man Eu%m MW S2.2W7 Attention [registry of-Deeds/Town or City Clerk: Mail to: Citizens Bank Consumer Finance Operations ? 48? Q Jefferson Boulevard /?aryVick, RI 02886 A=A 3/02 I OK1881rf?;s222 01/02/2007 22:18 CONSUMER FINANCE FORECLOSURE 4 918989994173 r Y EXHIBIT A NO. G22 D011 All that certain property situated in the Borough of of Carlisle, its, the County of Cumberland, Commonwealth Pennsylvania , and being described as follows: 0220].800168. 1970 and Being more fully described in a deed dated June 11, recorded June 12, 197o, among the land records of the County and State set forth above, in Deed Volume R 23 and Page 137. Permanent Parcel Number: 02201800168 GEORGE W. DITTENZAFER AND HELEN M. DITTENHAFER, HUSBAND AND WIFE, TOGETHER WITH ROBERT G. D I`I"1'MWAFER 325 NORTH EAST STRRET, CARLISLE PA 17013 Lean Reference Number 14868701/CBRIPTI First American Order No: 6124297 Identifier: ELS r cer"-c , rec()rdyd j I? ?Llt;. '.-C)t-sz3 ? ' : ??? :,'',• c, f Deeds 8 1 FG0223 EXHIBIT "C" EXHIBIT "C" ALL THAT CERTAIN lot or parcel of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, together with the improvements thereon erected, bounded and described as follows: ON the North by property now or formerly of John Kitzmoyer; on the East by a 15 foot wide alley; on the South by property now or formerly of Edward Evans; and on the West by North East Street; having a frontage of fifteen (150) feet on North East Street and extending in depth at an even width for a distance of one hundred twenty (12) feet to the alley aforesaid; being improved with a two-story frame dwelling house numbered and known as 325 North East Street. TOGETHER with a right of way through and over the alley on the East as fully and completely as the same is held by the grantors herein named. Tax ID #: 02-20-1800-168 #2877363 (148464.031) EXHIBIT "D" WILENTZ GOLDMAN &SPITZER P.A. ATTORNEYS AT LAW 90 Woodbridge Center Drive Suite 900 Box 10 Woodbridge, NJ 07095-0958 ((732 636-8000 Fax 732) 855-6117 Meridian Center I Two Industrial Way West Eatontown, NJ 07724-2265 (732 542-4500 Fax 732) 493-8387 110 William Street 26th Floor New York, NY 10038-3901 212 267-3091 Fax 212) 267-3828 Two Penn Center Plaza Suite 910 . Philadelphia, PA 19102 (215 56p9-0000 Fax ()215) 636-3999 one Oxford Centre Suite 4300 Pittsburgh, PA 15219 412 255-3767 Fax (412) 255-3701 ivCGST/C: wit,R'.wilentzcom DAVID T. WILENTZ 11919-1988) G. GEORGE GOLDMAN (1922-1959) HENRY M. SPITZER (1928-1988) WARREN W. WILENTZ MATTHIAS D. OILED MORRIS BROWN FREDERIC K. BECKER' NICHOLAS L. SANTOWASSO RICHARD F. LERT' JOHN A. HOFFMAN STEPHEN E. BARCAN FRANCIS V. BONELLO VINCENT P. MALTESE DAVID M. WILDSTEIN GORDON J. GOLUM MARVIN J. BRAUTH' STUART A. HOBERMAN" STEPHEN A. SPITZER ANNE S. BABINEAU' CHRISTINE D. PETRUZZELL BRIAN J. MOLLOY RANDALL J. RICHARDS JOSEPH J. JANKOWSKI DAVID S. GORDON FREDERICK J. DENNEHY ROY H. TANZMAN' STEVEN J. TRIPP JAY J. ZIZNEWSKI ALAN WASSERMANa' JAMES E. TRABILSY MAUREEN S. BINETTW ANTHONY J. PANNELLA, JR. MICHAEL J. BARRETTa MICHAEL F. SCHAFF" ANGELO JOHN CIFALDI KEVIN M. BERRY' NOEL S. TONNEMAN' JOHN T. KELLY C. KENNETH SHANK' BARRY A. COOKE' JON G. KUPILIK PETER R. HERMAN' EDWARD T. KOLE HESSER G. McBRIDE, JR. ERIC JOHN MARCY ROBERT C. KAUTZ30 VIOLAS. LORDI' LYNNE M. KIZIS KEVIN P. RODDY2.. DANIEL S. BERNHEIM 3d STEVEN P. MARSHALL DOUGLAS WATSON LUBIC' CHERYL J. OBERDORF LISA A. GORAS' RUSSELL J. FISHKIND' FRED HOPKE' CHARLES F. VUOTTO, JR.' DONALD E. TAYLOR BARRY R. SUGARMAN' BRETT R. HARRIS'S ALFRED M. ANTHONY' DARREN M. GELBER" MATTHEW M. WEISSMAN' WILLIAM J. LINTON DONNA M. JENNINGS GIOVANNI ANZALONE PETER A. GREENBAUM' WILLARD C. SHIH BLAIR R. ZWILLMAN' ° STEVEN R. ENIS' LAWRENCE C. WEINER' OF COUNSEL ROBERT A. PETITO HAROLD G. SMITH ALFRED J. HILL (1962.2902) ROBERT J. CIRAFESI (1970.2004) ALAN B. HANDLER' DOUGLAS T. HAGUE MYRON ROSNER' R. BENJAMIN COHEN FRANCIS X.JOURNICK, JR. (1084-2005) ELIZABETH FARLEY MURPHY JAMES E. TONREY, JR.' DEIRDRE WOULFE PACHECO' ROBERTO BENITES JONATHAN J. BART' ASSOCIATES UNDA LASHBROOK LORETTA KIRSCH PRIVES' YVONNE MARCUSE ELIZABETH C. DELL' ABBY RESNICK-PARIGIAN" BRIAN KALVER' ELLEN TORREGROSSA-O'CONNOR NANCY A. SLOWS' KELLY A. ERHARDT-WOJIE' JEFFREY J. BROOKNER JAMES E. MCGUIRE FRANCINE E. TAJFEL' ELIZABETH SIS( BAIR RONALD P. COUCCHIO" JONATHAN A. CASS, M. MATTHEW MANNION' DANIEL M. SERVISS JESSICA STEIN ALLEW COURTENAY C. HANSEN' TODD E. LEHOER'' JOHN M. CANTALUPO' JOHN E. HOGAN' DONNA A. MCBARRON DANIEL R. WASW JOSEPH R. ZAPATA, JR. JOHN P. MURDOCH II ANNA MARIA TEJADA' MARY H. SMITH EDWARD J. ALBOWICZ' ANNAL MONFORTH THOMAS P. KELLY" STEPHANIE D. GIRONDA EVERETT M. JOHNSON' ALEX LYUBARSKY' KEVEN H. FRIEDMAW GREGORY D. SHAFFER'> JESSICA S. PYATT LOUIS J. SEMINSKI, JR. JARRET S. LENS2 " DANIEL R. LAPINSKI' LAUREN R. BERSCHLER' LILLIAN A. PLATA ROBERT L. SELVERS' ERIK C. ACOSTA' PAMELA R. GOLD-ZAFRA' ALYSON M. LEONE' JULIE A. DEMAREE VINCENTCHENG" MICHAEL J. WEISSLITZ JONATHAN M. BUSCW JAMIE M. BENNETT' KEITH L. HOVEY' GEMMA L. ABERNOVICH' KRISTEN M. SENEDETTO' GIRA A. DESAI JOSEPH J. RUSSELL, JR.' JON S. POLEVOY HARA L. PODEL' DEEPA KAREN DANIEL A PRUPIS CHERYL. E. CONNORS RUTH A. RAULe JAMES J. TRACY JOSHUA A. FREEMAN CHAD B. SIMOW VERONICA ALLENDE Please reply to: Pltl.SbLlr-bh Lauren R. Berschler, Esquire 412-255-3767 1berschIei-a.wilentz.cont COUNSEL DAVID P. PEPE SUSANNE S. O'DONOHUE RISA A. KLEINER" RUTH D. MARCUS " RICHARD J. BYRNES JAY V. SURGENT LEE ANN MCCABE' LAURIE E. MEYERS JAMES P. LUNDY ' January 29, 2007 n Celliked Civil T1"Allomey OCerified Crimklal Trial Allorney t Cmlifled Malmnonial Attorney t Codiliod Workers ComPerw1k)n Allome ' Nalional Cediried Civil Trial Spedafst Approved Iry Ilse ABA 1 NCR admille I NJ 2 Admitted NY 3 Admitted PA 4 Admilled CT 5 Adnritled DC 6 Admeled MA 7 Admtted MD 8 AdmBled VA 9 Admtted CA 10 Adilreed FL 11 Admited IL CERTIFIED MAIL RETURN RECEIPT REQUESTED AND FIRST CLASS MAIL Any and all known and unknown heirs, devisees and/or personal representatives of Robert G. Dittenhafer, deceased, and/or the current occupant and/or owner and/or any and all other persons with any and all legal or equitable rights in the property located at: 325 North East Street Carlisle, PA 17013 RE: NOTICE OF INTENTION TO FORECLOSE ON RESIDENTIAL REAL PROPERTY. LOCATED AT: 325 North East Street, Carlisle, PA 17013 To Whom It May Concern: IMPORTANT: THIS NOTICE REQUIRES YOUR IMMEDIATE ATTENTION. YOU MAY LOSE THE PROPERTY DESCRIBED BELOW IF YOU DO NOT ACT PROMPTLY This Notice is in reference to a loan transaction with our client, Citizens Bank of Pennsylvania, which is evidenced by a Secured Line of Credit ("Note") executed by the Borrower, Robert Dittenhafer, deceased, dated September 1, 2004, in the original principal amount of $25,000.00, and a Mortgage of the same elate, executed by the Mortgagor, Robert Dittenhafer, deceased, assuring the prompt repayment of all credit extended to Robert Dittenhafer. 42850752 (148464.031) WILENTZ GOLDMAN &SPITZER P.A. ATTORNEYS AT LAW January 29, 2007 Page 2 The Note is in serious default because payments have not been made as required pursuant to the Note and Mortgage. The total amount now required to cure this default, as of January 29, 2007, is $727.70. This slue is comprised of principal and interest and late charges. Additionally, please note, another payment of $177.96, becomes due on February 7, 2007. You may cure this default within thirty (30) days of the date of this letter, by paying the above amount of $727.70, plus any additional monthly payments and the interest 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 made payable to "Citizens Bank" and sent to the following address: Joel P. Brady, Foreclosure Management Company, 10500 Barkley Drive, Suite 102, Overland Park, ICS 66212. If full payment of the amount of default is not made within THIRTY (30) DAYS, we intend to start a lawsuit to obtain judgment against you on the Note and Mortgage and to then sell your Property. If judgment is obtained, your Property may be sold by the sheriff to pay off you debt. If legal proceedings are started against you, you will have to pay reasonable attorney's fees and any attorney's fees will be added to whatever you owe our client, which may also include our reasonable costs. If you cure the default within the thirty (30) day period, you will not be required to pay attorney's fees. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred up to $50.00. If you have not cured the default within the thirty (30) day period and judgment proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs execution sale. You may do so by paying the total amount of the unpaid balance and any other charges then due, as well as the reasonable attorney's fees and costs connected with the sale (and perform any other requirements under the Note and Guaranty Agreement). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately June 2007. A notice of the date of Sheriff sale will be sent to 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 Joel Brady of Foreclosure Management Company at the following number: (913) 383-0202; Ext: 1049. This payment must be in cash, cashier's check, certified check or money order and made payable to the Bank at the address stated above. You should realize that a Sheriff's sale will end your ownership of the Property and your right to remain there. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the Property. YOU DAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF YOUR DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO OUR LIEN TO A BUYER TRANSFEREE WHO WILL ASSUME THE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES, ATTORNEY'S FEES AND COSTS ARE PAID #2850752(148464.031) WILENTZ GOLDMAN &SPITZER P.A. ATTORNEYS AT LAW January 29, 2007 Page 3 PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE NOTES AND GUARANTY AGREEMENT ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. Very truly yours, wren R. B rsehler Attorney for Citizens Bank of Pennsylvania THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS AN ENFORCEMENT OF A LIEN AGAINST PROPERTY. 92850752 (148464.031) :1:A: At A. q: Il; At 4::I::1: A. 4. 4. At A: A.. At II: A., A: II: At :I::1: 4.4: 4::I: ;1::1: II: a: 4; :1::1::1::1: II; At At At :I: III :1::1::4 :1: 31. 4: At At At 4. At A.- A. At A, A. A.:1::1: A..1. At A: A.- A: At At 4: At A! :1::1: NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT At At At At At At At 4' 4, * 4::1::I: At oR 4::I:: At 4: 4: At * A, A:4: At At :1: At A- 4::1: Ii: A: 9: 4::I::1:.4: II; At At At At * At A. 4: 4: A: 31:Ik:k At II: :1: At A: 4! At At II: 4: A: 4: At A.- 4, A'4: 1. This communication is from a debt collector. This is ail. attempt to collect a debt and eu1y information obtained will be used for that purpose. 2. 'Unless you dispute the validity of this debt, or a11y portion tliereof, withii130 days after receipt of this notice, the debt will be assumed to be valid by our offices, 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you make a written request for it within 30 days hereof, I will also send you the name and address of the original creditor if different from Citizens Bank. ICI I .V W f ru Postage r-l Cl . Certified Fee _.? mark po ° 0 3 p f2re ? u. F Re>um Receipt Fee S 4 dorsement Requirern E M C n ( Restricted Del"ry Fee (Endorsement Required) r1 i M Total Postage & Fees O a ant To - -- ICI --- (`- I c o orrPO0 No. __ i - EAA R HE to i , m m --0 _l or D sow mV, rTl 7 N ,w ? N r Z v? Y i O pg k .?? 2 ,?' ? ':o rs H (]yq ,? 1 A . , ? ?\ 7 t ." v d r ? o? o v r; fm r o J6 4 tv t) a H? 00 t?o 10 " 1 t '. Pd b Y?' iy? a Qr??,, t D n' ir#,1 A IV CO Q r ?c ==o am v m O 'Or m CD o m w n ? C ? N w ? N?N CSI Z t:?•; s "U ? s? iD Z ? G 0 F' 0 Z to o = H O Pi f* - eD -I ^ c u _ PJ Pil - cry - 4o r;1;u 10 MDZ -a fq" -i co ' a O Ill o s b _. sF 'IDO h) 014M ? r ;4 z 40 EDU 71 DOti1 o y +IMtT? I A3[771 0 o.r r Ot dt1 s ? err QJ 0 t3 ? S I Z m E tad ?? it a r EXHIBIT "E" WILENTZ 4 GOLDMAN &SPITZER P.A. ATTORNEYS AT LAW 90 Woodbridge Center Drive Suite 900 Box 10 Woodbridge, NJ 07095-0958 F32 636-8000 ax 732) 855-6117 Meridian Center I Two Industrial Way West Eatontown, NJ 07724-2265 732 542-4500 Fax (732) 493-8387 110 William Street 26th Floor New York, NY 10038-3901 212 267-3091 Fax (212) 267-3828 Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 (215 569-0000 Fax (215) 636-3999 One Oxford Centre Suite 4300 Pittsburgh, PA 15219 (412 255-3767 Fax (412) 255-3701 I ve bsi t e: 1V IV IV. I pil L'1 f m Coll t Please reply to: Lauren R. Berschler, Esquire Direct Dial: 412-255-3767 Fax: 412-255-3767 email: lberschier@wilentz.com January 29, 2007 CERTIFIED MAIL-RETURN RECEIPT REQUESTED and FIRST CLASS MAIL IMPORTANT: NOTICE OF HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 - ACT 91 PLEASE READ THIS NOTICE. YOU.MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS TO: Any and all known and unknown heirs, devisees and/or personal representatives of Robert G. Dittenhafer, deceased, and/or the current occupant and/or owner and/or any and all other persons with any and all legal or equitable rights in the property located at: 325 North East Street Carlisle, PA 17013 FROM: Lauren R. Berschler, Esquire RE: Mortgage datecl September- 1, 2004; Account no. 6007141792/46684-PA-06 Mortgaged Property: 325 North East Street, Carlisle, PA 17013 The Mortgage given to Robert Dittenhafer, deceased, is in serious default because you have failed to pay promptly installments of principal and interest as required, for a period in excess of sixty (60) days. The total amount of the delinquency is $727.70. The sum includes the following: WILENTZ (1910-1898) DAVID T VIOLAS. LORDI' ELIZABETH FARLEY MURPHY LAUREN R. BERSCHLER' . GEORGE GOLDMAN (1922-1959) G LYNNE M. KIZIS JAMES E. TONREY, JR.' LILLIAN A. PLATA . HENRY M. SPITZER (1928-1998) KEVIN P. RODDYt°" DEIRDRE WOULFE PACHECO' ROBERT L. SELVERS' DANIEL S. BERNHEIM 3d " ROBERTO BENITES ERIK C. ACOSTA' WARREN W. WILENTZ STEVEN P. MARSHALL JONATHAN J. BART"' PAMELA R. GOLD.ZAFRA' MATTHIAS D. OILED DOUGLAS WATSON LUBIC' ASSOCIATES AL SON M. LEONE' MORRIS BROWN FREDERIC K. BECKER? CHERYL J. OBERDORF LISA A. GORAE12 LINDA LASHBROOK ' JULIE A. DEMAREE INCENT CHENG" NICHOLAS L. SANTOWASSO x RUSSELL J. FISHKIND' LORETTA KIRSCH PRIVIES YVONNE MARCUSE V MICHAEL J. WEISSLITZ RICHARD HOFFMA MAN JOHN A FRED HOPKE' VUOTTO JR.' CHARLES F ELIZABETH C. DELL' JONATHAN M. BUSC' ' . BARCAN STEPHEN E , . DONALD E. TAYLOR - - ABBY RESNICK-PARIGIAN" JAMIE M. BENNETT . BONELLO FRANCIS V BARRY R. SUGAR MHN' BRIAN KALVER KEITH L. HOVEY' . MALTESE VINCENT P BRETT R. HARRIS" ELLEN TORREGROSSA-O'CONNOR GEMMA L. ABERNOVICH' . WILDSTEIN DAVID M ALFRED M. ANTHONY' NANCY A. SLOWE KRISTEN M. BENEDETTO' . GORDON J. GOLUM DARREN M. GELBER'O KELLY A. ERHARDT-WDJIE' GIRA A. DESAI MARVIN J. BRAUTH' MATTHEW M. WEISSMAN' JEFFREY J. BROOKNER JOSEPH J. RUSSELL, JR.' STUART A. HOSERMAN" WILLIAM J. LINTON JAMES E. MCGUIRE TAJFEL' FRANCINE E JON S. POLEVOY STEPHEN A. SPITZER ANNE S. BABINFAU' DONNA M. JENNINGS GIOVANNI ANZALONE . ELIZABETH SISO BAIR " HARA L. PODEL' DEEPA KAIREN CHRISTINE D. PETRUZZELL PETER A. GREENBAUM' SHIH' WILLARD C RONALD P. COUCCHIO JONATHAN A. CASS DANIEL A. PRUPIS BRIAN J. MOLLOY OS L . xo ,AN R , E BLAIR R. MANNION' MATTHEW M. CHERYL. E. CONNORS FALLS' RUTH A JOSEPH J. . JANKOWKOW SKI JOSEPH NS R. . ENS VEN N STE WEINER' - LAWRENCE C DANIEL M. SERVISS JESSICA STEIN ALLEN' . JAMES J. TRACY DAVID S. GORDON FREDERICK J. DENNEHY . COURTENAY C. HANSEW `O JOSHUA A. FREEMAN ' ROY H. TANZMAN' OF COUNSEL TODD E. LEHDER CANTALUPO' JOHN M CHAD B. SIMON VERONICA ALLENDE STEVEN J. TRIPP ROBERT A. PETITO . JOHN E HOGAN' JAY J. ZIZNEWSKI HAROLD G. SMITH . McbhRRON DONNA A ALANWASSERMANn' ALFRED J. HILL (1902-2002) . WASP DANIEL R n Codified Civil Trial AtIomey JAMES E. TRABILSY ROBERT J. CIRAFESI (19702004) HANDLER ° ALAN B . JOSEPH R. ZAPATA, JR. 0Cedified Cmnkial Trial Allanay MAUREEN S. BINETTIa ANTHONY J. PANNELLA, JR. . - DOUGLAS T, HAGUE JOHN P. MURDOCH II ANNA MARIA TEJADA' * Cc tilled Maldr11o1dal Allomey i All BARRETTa MICHAELMICHAELJF.. SCHAFF MYRON ROSNER R. BENJAMIN COHEN MARY H. SMITH EDWARD J ALBOWICZ' on orlle t Cellified Workers Canpensal National Cedlfietl Civil Trial Specialist ANGELO JOHN CIFALDI FRANCIS X.JOURNICK, JR. (to&b20oG1 . MONFORTH ANNA 1 Approved by the ABA KEVIN M. BERRY' . THOMAS P KELLY" 1 Not adrnillerl NJ NOEL S. TONNEMAN KELLY' JOHN T COUNSEL . STEPHANIE D. GIRONDA ' 2 Admilled NY 3 Admilled PA . C. KENNETH SWANK' DAVID P. PEPE SUSANNE S. OrhNOHUE' EVERETT M. JOHNSON ALEX LYUBARSKY' 4 Admitted CT BARRY A. COOKE RISA A. KLEINER FRIEDMAN' KEVEN H 5 AdlniLted DC 6 ArHnilled MA JON G. KUPILIK PETER R. HERMAM RUTH D. MARCUS BYRNES RICHARD J . GREGORY D. SHAFFER2a 7 Adlnilled MD EDWARD T. KOLE . JAY V. SURGENT JESSICA S. PYATT 8 Adrutilted VA HESSER G. McBRIDE, JR. LEE ANN McCABE' LOUIS J. SEMINSKI, JR. 9 Adm9led CA ERIC JOHN MARCY LAURIE E. MEYERS JARRET S. LEWIS "' 10 Admitted FL ROBERT C. KAUTZ " JAMES P. LUNDY'' DANIEL R. LAPINSKI' 11 Admitted IL #2850735 (148464.031) WILENTZ GOLDMAN &SPITZER ATTORNEYS AT LAW P.A. Principal and Interest (overdue from 10/7/06 through 1/7/07) 1 payment of $189.27 $189.27 1 payment of $169.75 169.75 1 payment of $164.28 164.28 1 payment of $169.75 169.75 Late Charges 34.65 Total Amount of Delinquency $727.70 Additionally, another payment of $177.96 becomes due on February 7, 2007. January 29, 2007 Page 2 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 Mortgage Assistance Act of 1983, as -- amended{ ie?c-t") o>? rna3?be ?ligibleTfar-enlergenc3Ltei? ?arar a??i?tanse i -y?uf-deffau-lt l is been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act or 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 have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. That 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 further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: Joel P. Brady Foreclosure Management Company 10500 Barkley Drive, Suite 102 Overland Park, KS 66212 (913) 383-0202, Ext. 1049 The names and addresses of designated consumer credit counseling agencies are: Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 #2850735 (148464.031) GOLDMAN &SPITZER P.A. ATTORNEYS AT LAW CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5"' Street Harrisburg, PA 17110 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 (800) 342-2397 January 29, 2007 Page 3 It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. 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 nlust fill out, sign and file a completed Homeowner's Emergency Assistance Application with the Pennsylvania Housing Finance Agency. Tile consumer credit counseling agency will assist you in filling out your application. It must be filed or postmarked within thirty (30) days to your face-to-face meeting. You must either mail your application to the Pennsylvania Housing Finance Agency, or you must file it at an office of one of the designated consumer credit counseling agencies listed above. #2850735 (148464.031) WILENTZ GOLDMAN &SPITZER P.A. ATTORNEYS AT LAW The Pennsylvania Housing Financing Agency is located at: 211 North Front Street P.O. Box 8029 Harrisburg, PA 17101 Telephone: (717) 780-3800 or 1-800-342-2397 (toll free number) January 29, 2007 Page 4 An application for assistance may be obtained from a consumer credit counseling agency, or directly from the Pennsylvania Housing Finance Agency. It is extremely 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. Available fiends for emergency assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The counseling agency will help you fill out the application. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. Very truly yours, 1 1. upAk JAR Lauren R. Bee, chler, Esquire Attorney for Citizens Bank of Pennsylvania LRB/ THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS AN ENFORCEMENT OF A LIEN AGAINST PROPERTY. #2850735(148464.031) 4::I:%l:III It 4:4.4:31::1::1::1:3I;:1::1:lit :1:4:7k4:4:4:4:'11.31:11:4::1:31:lit .:1:4:4c 31::1:3l:31::I;4::1:31::1::1::It 31c**IV 31:31c3R**4:IV :l:*4:4: 4;:44:*4;4::1: 31:31::I:31: NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 31::1:31::k 4::1: 4c At 31: 31: 31::k :1: 4: 31 :l; 4: 4: 4: 4. * 31: 4::j:'4 a 4: 4: 4: 31: 11% :r w 31::1c :l: 31: Il: 31: 31- 4: 4; 4: 31::1::1::1: 4: 4: 2V 31 :Ic 4: 4111- 31: * 31: 4c 111:1 31:11:4: 31::1 4: 1. This communication is fiom a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. 'Unless you dispute the validity of.tbis debt, or any portion thereof; within 30 days alter receipt of this notice, the debt will be assumed to be valid by our offices, 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you make a written request for it within. 30 days hereof, I will also send you the name and address of the original creditor if different from Citizens Banlc. . M M ., E ru L 0 f?- Postage r-•l O Certified Fee O O Retum Receipt Fee (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) r-q o ^ ? ? ter Park lr s J - w -------'--- I 3` r (- f r-7' J rG ----------------------- r . .. d 0 c) r.4 N w ?tN?N Z fn H ttm hi Sd Ou r 4 Cal [A Old xdy w ?0 H14 - x Obd 0-; 0 0m x 1O ? m a.#+! L4 Z Lai. L" xtj w [xJ tit C ? ?.?. t-4 t-1 O H w V) !m td = it Cl Urdtr C. r; , ?dl•`??'` i• tt Zl c e D I' CL 01R, z o -i O CD C r Z ? m ID -< m D ?: r yN z `.G LL? pm n 4 J c r i ... Y V I.-.. n .l. Y do Y ? c `nDId dom ;u z 9 _ 4 Doi N zoo ox ? r b m 9 't 14 Q 1J = z ? p n r;u ?! x D <-q 5 40 wmc r+ r-;U;u m MDZ omo r N W ? C" r N cz- - ? C7 -77 r.a c? co O n a u o Zb WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 One Oxford Centre, Suite 4300 Pittsburgh, PA 15219 412-255-3767 Fax 412-255-3701 ---------------------------------------------------------- CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 CERTIFICATION OF NO PREVIOUS MOTION I, Lauren R. Berschler, Esquire, hereby submit, that there has not been any other motion rule( upon in this case. A'I L ren R. Bers hler, Esquire CERTIFICATION OF CONCURRENCE I, Lauren R. Berschler, hereby certify that no concurrence for this motion was sought as it is motion for alternative service against any and all unknown heirs and therefore, no concurrence by anyone could be sought. n ? It I ? I fv?lk ' Wren R. Bers( ler, Esquire #2879301(148464.031) WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 One Oxford Centre, Suite 4300 Pittsburgh, PA 15219 412-255-3767 Fax 412-255-3701 CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 PLAINTIFF, CITIZENS BANK OF PENNSYLVANIA'S MOTION, FOR ALTERNATE SERVICE Plaintiff, Citizens Bank of Pennsylvania, by its attorneys, Wilentz Goldman & Spitzer, hereby moves for leave of court for entry of an Order for alternate service of process by serving Defendant, any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased, by publication and by posting the Property located at 325 N. East Street, Carlisle, PA 17013, and in support thereof, represents as follows: #2879[101 (148464.031) I. PRELIMINARY STATEMENT 1. This is a mortgage foreclosure action resulting from the non-payment monthly mortgage payments after the death of Robert G. Dittenhafer in October 2006. 2. As set forth more fully in the Affidavit of Counsel attached hereto, the property subject to the mortgage at issue in this action, is 325 N. East Street, Carlisle, PA 17013 (the "Mortgaged Property). 3. As a result of Citizens being unable to locate any heirs of Robert G. Dittenhafer, deceased, or any persons with any legal or equitable interest in the property, " any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased" is named as the party defendant in this action. 4. Citizens, for the reasons set forth herein, hereby moves pursuant to Pa.R.C.P. 410(c) and 430(a) for entry of an Order for alternate service of process by serving defendant by publication and by posting upon the premises at 325 N. East Street, Carlisle, PA 17013. II. MOTION FOR ALTERNATIVE SERVICE 5. On April 10, 2007, Citizens commenced this mortgage foreclosure action by filing a Complaint in Mortgage Foreclosure against defendant, any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased. Citizens incorporates by reference herein the averments in the Complaint. 6. As Citizens, despite diligent inquiry, (See Exhibit "I", with the attached exhibits), has been unable to locate any known heirs of Robert G. Dittenhafer, Citizens hereby requests that it be permitted to serve defendant by alternative means. #2879RI01 (148464.031) 7. Further, pursuant to Pa. R.C.P. 1144, Citizens has named as party defendant, "any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased", and accordingly, as Citizens cannot serve unknown people, Citizens is hereby requesting the granting of service by alternative means. 8. Pa.R.C.P. 430(a) permits this Court to enter a special order for service of processing the event that service cannot be made as otherwise required under the Rules of Civil Procedure. Further, under Pa.R.C.P. 410, in an action involving real property such as this action for mortgage foreclosure, if service is to be made by an order of court under Rule 430(a), then such service may be made by any one of four enumerated means, one of which is by publication and another is by posting a copy of the original process on the most public part of the real property at issue. See, Pa.R.C.P. 410(c)(1) and (2). 9. A proposed form of Order is attached. WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania Bank, respectfully requests this Honorable Court to enter an Order allowing for service of original process upon the defendants named as "Any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased", by publication and by posting a copy of the Complaint and Notice to Defend upon the property at 325 N. East Street, Carlisle, PA 17013, and thereafter, to allow plaintiff to serve all legal papers at 325 N. East Street, Carlisle, PA 17013, upon the defendant "Any and all unknown heirs, #2879j101 (148464.031) successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased", by any manner authorized under Pa.R.C.P. 410 and/or 440. Respectfully submitted, WILENTZ, GOLDMAN & SPITZER, P.A. BY: AR 111 a(1l -kOJITUA \ hniel S. BerAheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney for Plaintiff, Citizens Bank of Pennsylvania Date: April 27, 2007 42879PI01 (148464.031) XHIBIT (0` 1 10) E WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 One Oxford Centre, Suite 4300 Pittsburgh, PA 15219 412-255-3767 Fax 412-255-3701 CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 AFFIDAVIT PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 430 I, Lauren R. Berschler, Esquire, being fully of age and having been duly sworn, hereby say the following: 1. I am an attorney with the law firm of Wilentz Goldman & Spitzer which represents plaintiff Citizens Bank of Pennsylvania ("Citizens") in this action. This affidavit is given in connection with Citizens' Motion for Alternative Service of its Complaint in Mortgage Foreclosure against defendants, any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased. 2. On September 1, 2004, Robert G. Dittenhafer, deceased, executed and delivered to Citizens a Promissory Note (the "Note") in the principal amount of $25,000.00. #2879301 (148464.031) 3. The Note was secured by a mortgage (the "Mortgage") granting a lien upon the Property located at 325 N. East Street, Carlisle, PA 17013, (the "Property"), which was executed by Decedent and, given to Citizens on the same date and duly recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania on September 17, 2004, in Mortgage Book Volume 1881, Page 213 et seq. 4. On September 22, 2006, Robert G. Dittenhafer died. A true and correct copy of a social security search (the social security number has been redacted) which verifies the death, is attached hereto as Exhibit "A." 5. The month following his death, the monthly mortgage payments stopped, as the account is behind for October 7, 2006. 6. After verifying with the Register of Wills of Cumberland County, that no estate had been opened for the decedent, on January 29, 2007, the Statutory Default Notices (Act 6 and Act 91 Notices), were sent to the Mortgaged Property. 7. Both the regular and certified mail came back indicating that the property was vacant and there was no forwarding address. True and correct copies of the returned mail is attached hereto and collectively labeled as Exhibit "B." 8. Before filing the Complaint, this office once again contacted the Register of Wills of Cumberland County and was informed that no estate has been raised on behalf of deceased mortgagor, Robert G. Dittenhafer. A true and correct copy of the Register of Wills search is attached hereto as Exhibit "C." 9. On April 10, 2007, the complaint in mortgage foreclosure was filed, naming as Defendant, any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased. Citizens incorporates by reference the averments in the Complaint as set forth in its entirety. 10. The property is vacant, there is no forwarding address and to date, no one has contacted Citizens regarding saving the mortgaged premises from foreclosure. #2879bl01 (148464.031) 11. Therefore, in order to convey clear and marketable title after a foreclosure sale, Citizens must pursuant to Pa.R.C.P. 1144, name as a defendant, any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Roebrt G. Dittenhafer, deceased. 12. Citizens submits that it has met the requirements for an order for alternative set forth in Pa. R.C.P. 410(c)(1) and (2), and as set forth in Pa. R.C.P. and 430(a). 13. Plaintiff, Citizens Bank of Pennsylvania, hereby requests that this Honorable Court allow alternate service of Citizens' Mortgage Foreclosure Complaint by way of publication and posting, upon the defendant "Any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased." 14. A proposed form of Order is attached. , ?t I I I ORK N I A h By: Lauren R. erschler, Esquire Swo o a} subscribed thi day of April 2007 y Pu" blic "' ON EALTH 0 PENNSYLVANIA Nakaft Seal A. J0Pu0fic % Wdma, Notary 2%2010 4tRetMfbe'r, `P?rta3?? A #287913101 (148464.031) EXHIBIT "A" Coast 2 Coast Financial Services, Inc. tlk `lam l? l? F ' 4. Financial Services Inc. Specialized. Search. SSN Search Fraud Score Russ ess Search Phone S.e..arch Bankruptcy_ Search Ba_c_kground Search. OFAC Search Fraud. Database Menu Mail. Drop. Search Dept. of State_..enu ID._Search B. Menu Pagel of 2 Welcome Hotlnfo Generated 03:45,44PM, 02-Mar-2007 (Eastern Downloads Documentation Re-Logon Screen -------.----- Board Standard Time) Social Security Number Retrieval Information 174-20-0081 Main Subject Information Subject Name: Subject SSN: Issue Date: Issue State: ROBERT G DITTENHAFER 1936 - 1950 PA SSN belonged to a person now deceased Date of Bil-th.: 04/1.8/1928 Date of Death: 09/22/2006 Address Information 325 EAST Street Current Address: CARLISLE, PA. 17013 Date Reported: 10(0111981 Database Match Summary There were 0 matching SSNs found on the Fraud. Database There were 0 possible matching Naives found on the Fraud here were 0 matching Addresses found on the Fraud Database here were 0 possible matching Names found on the OFAC atabase here were 0 matching Records found on the Previous Inquiry atabase here were 0 matching Addresses found on the Mail Drop You have performed 1 Matching searches today You. have performed 0 Non-Matching searches today littps: /iwww. ctcfs.n et/secure/srchrslts. shtml?MerchantID=0903100004 3/2/2007 Coast 2 Coast Financial Services, Inc. Page 2 of 2 Send mail to in o{ar7clcfs.con? with questions or comments about this web site. Copyright ©1996-2007 Coast to Coast Financial Services, Inc. https://www.ctcfs.net/secure/srehrslts.shtml?MerchantID=0903100004 3/2/2007 EXHIBIT "B" ru. t4Z } r- f 6 C3 o -{ i ( ON M{-4 .33 rd To ?t or I Oyu ,f . ? rDm ? ? lj rn p D ? 4 j Y 0 r. , 2 ? = :0 mix Y .?vLXj rap Ade OvIt Q l 0 Wow ? s • ? ? ?•„ c XF F.`? ? ? e` w VD 04 led } H &IJ aura r V Y' i 0'or M CD (D ti oc mr?y, m m cT i t f r r' ?"f rb t'i•{ ''' - t n r-r i + t-k f ! a s? ura is `' 9 • tit t' ? ,? ? ' ; i? ?s ? ? t 5 i q t >f -q D i w iTi ;u z N! w a n a tt I Z' C, i x -u "4x aj, ? ? r 1 f•,7 viva ? ,''? i,? 11 -; N3 ,y * [}[J?q?i i !;c tiIM,YF' F ;IAlI i 4 x 4 i a s J 5 or ? m cnrt7i w : C S :3 D Cl) Y r .. r. o Ni N N > C ? 9 r, tTl b l 7 v IM Iv W'4 i? r9 :J M Certified Fee E r f " f 1 j1 n ? O_ C3 ? F' C7 Retum.neceipiFee PostTarit C) `? i °•,••?? (EndonsomentRequlred) r a,, y { l ??? ?: Res(ridled De4very Fee ' ; - ' %' r - sl i?• ""'??"? f 0 (Endorsement Required) " _ i r•- _ _a ; old b A}; ;:swsorr.? II Total PcMago & Fees ran lm Sent To J I O ( to i __"-t ,apt: N0;' n -- or PO BOX r No. (56; St ?fe, ZIAr4 ---°J- . -------- t? CL o - _ 1 :ti i? - It'. b 3: ar.? :.r i w L K i o ia,or,, 4 ?1Y r ? :0 -3 C . 4 ?y 3 Zc :' k ?NRR? 'f I i iti! FR'? ? ? I y ! L fill P f -u CD or ?W M ca b -` "'? r T f- u i? I^ ti V.. I "J 1 i wraL rte; r_ . ?Dz o m•p .y fi . ? /'y CT ? Ui ?! kd? 4. ••t3.. t k A d 3 S R -i i ,i I EXHIBIT "C" RECEIPT FOR PAYMENT -------------------- GLENDA FARNER STRASBAUGH Receipt Date: 4/04/2007 Cumberland County - Register Of Wills Receipt Time: 11:18:10 One Courthouse Square Receipt No.: 1047933 Carlisle, PA 17(513 HOUSE ACCOUNT Estate File No.: 2007-99999 Paid By Remarks: RESEARCH FEE DITTENHAFER ROB AJW ------------------------ Receipt Distribution ------------------------ Fee/Tax Description Payment Amount Payee Name MISC INCOME 4.00 CUMBERLAND COUNTY GENERAL FUND ---------------- Check## 225 $4.00 Total Received......... $4.00 r .? ?_:;? '? ?' ,"-7 -- -n ---? ,., ' ? ? x..? _, ? ? c - . -tea ? ? .. Arm - ? f 4..1? ' -? CITIZENS BANK OF PENNSYLVANIA, Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS: AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1949 CIVIL TERM ORDER OF COURT AND NOW, this 215` day of June, 2007, upon consideration of Plaintiff's motion for alternate service, filed April 30, 2007, the motion is granted to the extent that Plaintiff is authorized to served the named Defendants with original process by (a) posting the affected property, (b) publication once in the Cumberland County Law Journal, and (c) publication once in a newspaper of general circulation in Cumberland County, Pennsylvania. NOTHING IN THIS order represents a ruling that Plaintiff's mortgage foreclosure action has been instituted against all necessary parties. See Myers v. Estate of Wilks, 440 Pa. Super. 176, 181, 655 A.2d 176, 178 (1995); 20 Pa. C.S. §3373. V!jM. ASNN9d ? fi -I Wd ! Z NAf LOOZ AbVJ 40HJC'dd 3HI 30 30H:" 311: D niel S. Bernheim, III, Esq. \/_auren R. Berschler, Esq. Suite 4300 One Oxford Centre Philadelphia, PA 15219 Attorneys for Plaintiff :rc BY THE COURT, WILENTZ GOLDMAN &SPITZER P.A. ATTORNEYS AT LAW 90 Woodbridge Center Drive Suite 900 Box 10 Woodbridge, NJ 07095-0958 V32 636-800 ax 732) 855-6117 Meridian Center I Two Industrial WaY West Eatontown, NJ 07724-2265 V 32 542-4500 x 732) 493-8387 110 William Street 26th Floor New York, NY 10038-3901 212 267-3091 ax (212) 267-3828 Two Penn Center Plaza Suite 910 Philadelphia PA 19102 215 569-0600 ax (215) 636-3999 One Oxford Centre Suite 4300 Pittsburgh, PA 15219 (412 255-3767 Fax 412) 255-3701 websile. www.witentz.com Prothonotary's Office Of Cumberland County 1 Courthouse Square Carlisle, PA 17013 April 27, 2007 Please reply to: Pittsburgh`. Lauren R. Berschler, Esquire IberschlerLc wilentz.com 412-255-3767 412-255-3701 Re: Citizens Bank of Pennsylvania v. Any and All Unknown Heirs, Successors, Assigns, And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Robert G. Dittenhafer, Deceased CCP, Cumberland County, Docket No. 07-1949 Dear Sir/Madam: Please be advised that this firm represents Citizens Bank of Pennsylvania regarding the above- captioned matter. Enclosed please find an original and two (2) copies of Plaintiff's Motion for Alternate Service. Please file the original and return the time-stamped copies to my office in the self- addressed stamped envelope provided. If any additional information is needed or have any questions, please do not hesitate to contact me at 412-255-3767. Thank you for your time and assistance with this matter Sincerely, WILENTZ GOLDMAN & SPITZER I 111am KtAflIA BY: LAUREN R. BERSCHLER LRB/lc Enclosures #2887889(148464.031) WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 One Oxford Centre, Suite 4300 Pittsburgh, PA 15219 412-255-3767 Fax 412-255-3701 -------------------------------------------------------- CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint in the above-captioned matter. Respectfully submitted, WILE TZ, GOLDMAN & SPITZER, P.A. BY: N4 D iel S. Ber heim, 3d, Esquire auren R. Berschler, Esquire Attorneys for Plaintiff, Citizens Bank of Pennsylvania Date: June 28, 2007 42913 723 (148464.031) 3TTt Y t?,J h - Chi WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 One Oxford Centre, Suite 4300 Pittsburgh, PA 15219 412-255-3767 Fax 412-255-3701 Attorneys for Plaintiff, Citizens Bank of Pennsylvania CITIZENS BANK OF PENNSYLVANIA Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant : COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 AFFIDAVIT OF SERVICE I, Lauren R. Berschler, Esquire, attorney for plaintiff Citizens Bank of Pennsylvania in the above-captioned action, hereby certify that service of the Reinstated Complaint and Notice to Defend was made on Defendants any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert Dittenhafer, deceased, pursuant to Court Order on July 11, 2007, and on July 13, 2007, by publication in the newspaper of general circulation - The Sentinel and the Cumberland County Law Journal. See Exhibits "A" and "B", respectively. Additionally, service of the Reinstated Complaint was also served upon Defendants any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert Dittenhafer, deceased on July 9, 2007, by way of posting the Property located at 325 North East Street, Carlisle, PA 17013, pursuant to the Court Order. See Exhibit "C." WILENTZ, GOLDMAN & SPITZER By: /b,?"? Lauren R. Berschler, Esquire Attorney for Citizens Bank of Pennsylvania Sworn to and subscribed before me th' '+ day of , 2007. 11V EALTM,Q PENNSYLVANIA Nft(W Seel dUN?11Counry , M W 29.2010 "4 NOW" EXHIBIT "A" PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) July 11, 2007 COPY OF NOTICE OF PUBLICATION 4mi ?o 1' 4 ,7r,9r+r?r?na. ?t Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 11th, day of July, 2007. (?4 11 11) (Jl. Notary Pub _LEGAL SERVICES TO WallIBLE PERSONS AT A REOiCJMME OR NO FEE. c 32 wjT17103 Lauren A. BpmchlN?IZ 00 ford Plain" My commission expires: q1t (/ a COMMONWEALTH OF PENNSYLVANIA Notarial Seal CMistina L. Wd ke Ndary Public Carlisle Boro, Cumberland County My Corrxriission Expires Sept 1.2008 Member. Pennsylvania Association Of Notarie. EXHIBIT "B" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 13, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, SWOR NA TO AND SUBSCRIBED before me this 13 day of July, 2007 Notary .-_..?... NOTARIAL SEAL DEBORAH A COLLINS Notary Pubec CARLISLE 8080. CUMBERLAND COUNTY MY Commission Expires Apr 28. 2010 CUMBERLAND LAW JOURNAL NOTICE Court of Common Pleas Cumberland County-Pennsylvania Civil Division DOCKET NO. 07-1949 CITIZENS BANK OF PENNSYLVANIA (Plaintiff) V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT DITTENHAFER, DECEASED (Defendant) TO: The Defendant, ANY AND ALL UNKNOWN HEIRS, SUCCES- SORS, ASSIGNS AND ALL PER- SONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT DITTENHAFER, DE- CEASED: TAKE NOTICE THAT THE PLAIN- TIFF CITIZENS BANK OF PENN- SYLVANIA HAS FILED AN ACTION IN MORTGAGE FORECLOSURE, as captioned above. Said action arises out of a default on a promissory note secured by a mortgage on the prop- erty located at 325 N. East Street, Carlisle, PA 17013. NOTICE You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the Court. You are warned that if you fail to do so the case may proceed without you and Judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17103 (717) 249-3166 LAUREN R. BERSCHLER, ESQUIRE SILVERMAN BERNHEIM & VOGEL, P.C. Attorneys for Plaintiff One Oxford Centre Suite 4300 Pittsburgh, PA 15219 (412) 255-3767 July 13 18 EXHIBIT "C" --SHERIFF'S RETURN - REGULAR CASE NO: 2007-01949 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA VS DITTENHAFER ROBERT G ETC MEGAN MARLOW Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DITTENHAFER ROBERT G UNKNOWN HEIRS, SUCCESSORS,ASSIGNS ETC the DEFENDANT at 1758:00 HOURS, on the 9th day of July 2007 at 325 NORTHEAST STREET CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 325 NORTH EAST STREET CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 4.80 6.00 10.00 R. Thomas Kline .00 38.80 07/10/2007 WILENTZ GOLDMAN SPITZER By:,, )4,ku1A day Deput Sheriff A.D. Q r? p ) CA i•,3 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01949 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA VS DITTENHAFER ROBERT G ETC MEGAN MARLOW , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DITTENHAFER ROBERT G UNKNOWN HEIRS, SUCCESSORS,ASSIGNS ETC the DEFENDANT , at 1758:00 HOURS, on the 9th day of July 2007 at 325 NORTH EAST STREET CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 325 NORTH EAST STREET CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Posting 6.00 Surcharge 10.00 ??63/b7 .00 ? 38.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/10/2007 WILENTZ GOLDMAN SPITZER By: &t?cr- DeptitV-Sh6riff A.D. WILENTZ, GOLDMAN & SPITZER P.A. DANIEL S. BERNHEIM, 3D, ESQUIRE LAUREN R. BERSCHLER, ESQUIRE Attorney Id Nos.32736/88209 One Oxford Centre, Suite 4300 Pittsburgh, PA 15219 412-255-3767 Fax 412-255-3701 CITIZENS BANK OF PENNSYLVANIA Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY : DOCKET NO. 07-1949 PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a judgment by default in the amount of $31,252.30, plus interest at the rate of $5.48 per diem from August 20, 2007, and costs of suit, in favor of Plaintiff, Citizens Bank of Pennsylvania, ("Citizens"), and against Defendant(s), Any and All Unknown Heirs, Successors, Assigns, and all Persons, Firms or Associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased, ("Defendant(s)"), for their failure to answer or otherwise plead in response to the Complaint in Mortgage Foreclosure in this action. In support thereof, Citizens avers the following: 42933420 (148464.031) On April 10, 2007, Citizens commenced this action by filing a Complaint in Mortgage Foreclosure with a Notice to Defend (collectively, the "Complaint") against the captioned Defendants. 2. On June 21, 2007, this Honorable Court entered an Order allowing original service of the Complaint and Notice to Defend by (a) posting the property located at 325 North East Street, Carlisle, PA 17013, (b) publication once in the Cumberland County Law Journal, and (c) publication once in a newspaper of general circulation in Cumberland County, Pennsylvania. A true and correct copy of that Order is attached hereto, incorporated herein by reference and labeled as Exhibit "A." On July 11, 2007, service of the reinstated Complaint was served on the Defendants, by publication in the newspaper of general circulation - The Sentinel and the Cumberland County Law Journal. Additionally, on July 9, 2007 service was completed as the Property located at 325 North East Street, Carlisle, PA 17013, was posted by the Sheriff. A true and correct copy of the Affidavit of Service which was filed with the Prothonotary on July 30, 2007, is attached hereto, incorporated herein by reference and labeled as Exhibit "B." 4. Defendants failed to plead in response to the Complaint within 20 days. On August 6, 2007, a Notice of Intention to Enter Judgment By Default was served upon the Defendant(s) by United States first class regular mail, postage prepaid at 325 North East Street, Carlisle, PA 17013. A true and correct copy of the Notice is attached hereto, incorporated herein and labeled as Exhibit "C." 6. More than 10 days have elapsed since the Notices of Intention to Enter Judgment By Default was mailed to Defendant(s), and to date no responsive pleading has been filed. #2933420 (148464.031) 7. Damages should be assessed in the amount of $31,252.30, plus per diem interest at the rate of $5.48, from August 20, 2007, and costs of suit, which is calculated as follows: Principal $24,983.38 Accrued Interest (as of 8/20/2007) 1,982.83 Late charges 50.81 Appraisal & BPO 400.00 Attorneys Costs 1,336.94 Attorney's Fees 2,498.34 TOTAL $31,252.30 The aforementioned sum is the amount demanded in the Complaint with interest and attorneys costs for publication per Court Order carried forward to August 20, 2007 WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands judgment in its favor and against Defendant(s), Any and All Unknown Heirs, Successors, Assigns, and all Persons, Firms or Associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased, in the amount of $31,252.30, plus per diem interest of $5.48, from August 20, 2007, plus any additional costs for foreclosure of the property. Respectfully submitted, WILENTZ, GOLDMAN & SPITZER, P.A. BY: n I?? o n-PA I nrG f l t 1 1,0aniel S. Be elm, 3d, Esquire Lauren R. B schler, Esquire Attorneys for Plaintiff, Citizens Bank of Pennsylvania Date: August 20, 2007 #2933420 (148464.031) WILENTZ, GOLDMAN & SPITZER P.A. DANIEL S. BERNHEIM, 3D, ESQUIRE LAUREN R. BERSCHLER, ESQUIRE Attorney Id Nos.32736/88209 One Oxford Centre, Suite 4300 Pittsburgh, PA 15219 412-255-3767 Fax 412-255-3701 CITIZENS BANK OF PENNSYLVANIA Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 CERTIFICATION OF SERVICE OF NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, Lauren R. Berschler, Esquire, hereby certify that on August 6, 2007, I served a Notice of Intention to Enter Judgment By Default upon Defendant(s), Any and All Unknown Heirs, Successors, Assigns, and all Persons, Firms or Associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased, by United States first class regular mail, postage prepaid at 625 North East Street, Carlisle, PA 17013. By: Lauren R. B schler, Esquire Attorney for Plaintiff Citizens Bank of Pennsylvania #2933420 (148464.031) WILENTZ, GOLDMAN & SPITZER P.A. DANIEL S. BERNHEIM, 3D, ESQUIRE LAUREN R. BERSCHLER, ESQUIRE Attorney Id Nos.32736/88209 One Oxford Centre, Suite 4300 Pittsburgh, PA 15219 412-255-3767 Fax 412-255-3701 CITIZENS BANK OF PENNSYLVANIA Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY : DOCKET NO. 07-1949 CERTIFICATION OF ADDRESSES I, Lauren R. Berschler, Esquire, hereby certify that the address of Plaintiff, Citizens Bank of Pennsylvania, is 2001 Market Street, Philadelphia, PA 19103, and that the last known address of Defendant(s), Any and All Unknown Heirs, Successors, Assigns, and all Persons, Firms or Associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased, is 625 North East Street, Carlisle, PA 17013. By: rl I I in )RIJ1160 - 4Wauiert-UAerschler, Esquire Attorney for Plaintiff Citizens Bank of Pennsylvania #2933420(148464.031) WILENTZ, GOLDMAN & SPITZER P.A. DANIEL S. BERNHEIM, 31), ESQUIRE LAUREN R. BERSCHLER, ESQUIRE Attorney Id Nos.32736/88209 One Oxford Centre, Suite 4300 Pittsburgh, PA 15219 412-255-3767 Fax 412-255-3701 CITIZENS BANK OF PENNSYLVANIA Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Lauren R. Berschler, Esquire, being duly sworn according to law, deposes and states that she is the attorney for Citizens Bank of Pennsylvania, and as such, is authorized to make this Affidavit on its behalf, and that, to the best of her knowledge, information and belief, Defendant(s), Any and All Unknown Heirs, Successors, Assigns, and all Persons, Firms or Associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased, is/are not in the military or naval service of the United States or its allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act 1940 and/or its amendments. Swo o and subscrib d b4 re a this day , el AAA a en R. Be chler, Esquire Nota0al Seal July A. MoSW% Notary Puok #2933420 4 = PNWeottla County Expires May 29, 2010 Membw, Pelmsykwga Association of Notaries BI77 E)(VllT ?`A CITIZENS BANK OF PENNSYLVANIA, Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS : AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1949 CIVIL TERM ORDER OF' COURT AND NOW, this 21St day of June, 2007, upon consideration of Plaintiff's motion for alternate service, filed April 30, 2007, the motion is granted to the extent that Plaintiff is authorized to served the named Defendants with original process by (a) posting the affected property, (b) publication once in the.. Cumberland County Law Journal, and (c) publication once in a newspaper of general circulation in Cumberland County, Pennsylvania. NOTHING IN THIS order represents a ruling that Plaintiff s mortgage foreclosure action has been instituted against all necessary parties. See Myers v. Estate of Wilks, 440 Pa. Super. 176, 181, 655 A.2d 176, 178 (1995); 20 Pa. C.S. §3373. 1 S. Bernheim, III, Esq. /Dan' n R. Berschler, Esq. 4300 xford Centre Philadelphia, PA 15219 Attorneys for. Plaintiff BY THE COURT, :rc X ?ll' L> 77 `` Y WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 One Oxford Centre, Suite 4300 Pittsburgh, PA 15219 412-255-3767 Fax 412-255-3701 Attorneys for Plaintiff, Citizens Bank of Pennsylvania CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. DOCKET NO. 07-1949 ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR : .. INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED ' Defendant c„> AFFIDAVIT OF SERVICE I, Lauren R. Berschler, Esquire, attorney for plaintiff Citizens Bank of Pennsylvania in the above-captioned action, hereby certify that service of the Reinstated Complaint and Notice to Defend was made on Defendants any and all unknown heirs, successors, assigns and all t. person, firms or associations claiming right, title or interest from or under Robert Dittenhafer, deceased, pursuant to Court Order on July 11, 2007, and on July 13, 2007, by publication in the newspaper of general circulation - The Sentinel and the Cumberland County Law Journal. See Exhibits "A" and "B", respectively. Additionally,` service of the Reinstated Complaint was also served upon Defendants any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert Di.ttenhafer, deceased on July 9, 2007, by way of posting the Property located at 325 North East Street, Carlisle, PA 17013, pursuant to the Court Order. See Exhibit "C." WILENTZ, GOLDMAN & SPITZER BY.;Cd!/?! h l Lauren R. Berschler, Esquire Attorney for Citizens Bank of Pennsylvania Sworn to and subscr*bed before me thi day of 52007. OF PENNSYWANIA ? N? Puok ?* County a ?d Nero" CWMWgWSj*MMW29,2010 ?'lElV?1J41t, p8i1T? EXHIBIT "A' PROOF OF PUBLICATION State of pennsylvania,.County of, Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Tuly 11, 2007 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of ,pu lication are true. Sworn to and subscribed before me this 11th, day of Tull. Notary Publid My commission expires: q//(1 b COMMONWEALTH OF PENNSYLVAMA Notarial Seal Christina L. Wol(e, Notary Pubac Carlisle 9oro, Cunbartand County My CmYrission Expires Sept, 1, 2006 member, Pennsylvania Association Of Notaries EXHIBIT "B" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . . ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 13, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, SWOPW,T0 AND SUBSCRIBED before me this 13 day of July, 2007 Notary NOUIRIAL SEAL DEBORAH A COLLINS Notary Pubec CARLISLE BORO, CUMBERLAND COUNTY My Commla M ExpN®a Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE Court of Common Pleas Cumberland County-Pennsylvania Civil Division DOCKET NO. 07-1949 CITIZENS BANK OF PENNSYLVANIA (Plaintiff) V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS,'ASSIGNS AND ALL PERSONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT DITTENHAFER, DECEASED (Defendant) TO: The Defendant, ANY AND ALL UNKNOWN HEIRS, SUCCES- SORS, ASSIGNS AND ALL PER- SONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT DITTENHAFER, DE- CEASED: TAKE NOTICE THAT THE PLAIN- TIFF CITIZENS BANK OF PENN- SYLVANIA HAS FILED AN.ACTION IN MORTGAGE FORECLOSURE, as captioned above. Said action arises out of a default on a promissory note secured by a mortgage on the prop- erty located at 325 N. East Street, Carlisle, PA 17013. NOTICE YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17103 (717) 249-3166 LAUREN R. BERSCHLER, ESQUIRE SILVERMAN BERNHEIM & VOGEL, P.C. Attorneys for Plaintiff One Oifbrd Centre Suite 4300 . Pittsburgh, PA 15219 (412) 255-3767 July 13 You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the Court. You are warned that if you fail to do so the case may proceed without you and Judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER. TO YOUR LAWYER AT ONCE. IF 18 P EXHIBIT "C" SHERIFF'S RETURN - REGULAR CASE NO: 2007-01949 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA VS DITTENHAFER ROBERT G ETC MEGAN MARLOW Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT- MORT FORE was served upon DITTENHAFER ROBERT G UNKNOWN HEIRS, SUCCESSORS, ASSIGNS ETC the DEFENDANT , at 1758:00 HOURS, on the 9th day of July . , 2007 at 325 NORTHEAST STREET CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 325 NORTH EAST STREET CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.80 Posting 6.00 r x Surcharge 10.00 R. Thomas Kline .00 38.80 07/10/2007 WILENTZ GOLDMAN SPITZER Sworn and Subscibed to By:,, &(I?xr- before me this day Deput Sheriff of A.D. EXHIBIT "C" WILENTZ GOLDMAN &SPITZER P A. ATTORNEYS AT LAW oodbridge Center Drive 90V Suite' 13oX 10 W ridgge 07095-0958 ?7636?6. ax 732) 855-6117 Meridian Center I Two Industrial Wa West Eatontown, NJ 07724-2265 V32) 542-4500 ax 732) 493-8387 110 William Street 261h Floor New York, NY 10038-3901 (212 267-3091 Fax (212) 267-3828 Two Penn Center Plaza suite 91o (2115 d569h--i OA 19102 Fax (215) 636-3999 One Oxford Centre Suite 4300 Pittsburgh, PA 15219 (412 255-3767 Fax (412) 255-3701. websirr: wivw.wilenizconr August G, 2007 Please reply to: Lauren R. Berschicr, Esquire Pittsburgh, Pennsylvania Direct Dial: 412-255-3767 Email: Iberschler On wilentz.com Any and all unknown heirs, successors, assigns and all person, fines or associations claiming right, title or interest from or under Robert Dittenhafer, deceased 325 North East Street Carlisle, PA 17013 Re: Citizens Bank of Pennsylvania v. Defendants any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert Dittenhafer, deceased CCP, Cumberland County, Docket No. 2007-01949 To whom it may concern: As you are aware, this office represents Citizens Bank of Pennsylvania in the above matter. Enclosed please find a Notice of Intention to Enter Judgment by Default. Sincerely, WILENT GOLDMAN & SPITZER BY: LAURE R. BERSCHLER LRB/lc Enclosure 112927172(148464.031) WILENTZ, GOLDMAN & SPITZER P.A. Daniel. S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 One Oxford Centre, Suite 4300 Pittsburgh, PA 15219 412-255-3767 Fax 412-255-3701 CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff V. Attorneys for Plaintiff, Citizens Batik of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant To: ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Date of Notice: August 6, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A #2927173(148464.031) ti JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO . NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17103 717-249-3166 Respectfully submitted, WILENTZ, GOLDMAN & SPITZER, P.A. BY: JVI S..Ber einl, 3d, Esquire Lauren R. Berschler; Esquire Attorneys for Plaintiff, 'Citizens Bank of Pennsylvania -2- c? -71 r -G OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS - CUMBERLAND COUNTY CARLISLE, PA 17013 CURTIS R. LONG Prothonotary TO: Any and All Unknown Heirs, Successors, Assigns, and all Persons, Firms or Associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased 325 North East Street Carlisle, PA 17013 CITIZENS BANK OF PENNSYLVANIA Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant : DOCKET NO. 07-1949 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. 14" CURTIS R. LONG p Prothonotary 8/aa/aT X Judgment by Default ($31,252.30) Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN R. BERSCHLER at this telephone number: (412)255-3767. #2933420 (148464.031) WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax 412-2323-0773 CITIZENS BANK OF PENNSYLVANIA Plaintiff V. Attorneys for Plaintiff, Citizens Bank of Pennsylvania : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : DOCKET NO. 07-1949 ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant PLAINTIFF, CITIZENS BANK OF PENNSYLVANIA'S MOTION TO REACCESS DAMAGES FOR TAXES PAID AFTER JUDGMENT WAS ENTERED Plaintiff, Citizens Bank of Pennsylvania, by its attorneys, Wilentz Goldman & Spitzer, hereby moves this Honorable Court to direct the Prothonotary to amend the Judgment in this matter as delinquent taxes were paid by Citizens to stop a tax sale, and in support thereof, represents as follows: #28791401 (148464.031) I. PRELIMINARY STATEMENT 1. This is a mortgage foreclosure action resulting from the non-payment of monthly mortgage payments after the death of Robert G. Dittenhafer in October 2006. 2. The subject property in this mortgage foreclosure is 325 N. East Street, Carlisle, PA 17013 (the "Mortgaged Property). 3. As a result of Citizens being unable to locate any heirs of Robert G. Dittenhafer, deceased, or any persons with any legal or equitable interest in the property, " any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert G. Dittenhafer, deceased" is named as the parry defendant in this action. 4. On August 22, 2007, a Judgment by Default was entered in the amount of $31,252.30, with interest at the per diem rate of $5.48, from August 20, 2007. 5. Thereafter, on or about August 24, 2007, Citizens received notification that the property was going to be sold at Tax Sale on September 20, 2007, as the taxes were past due from 2005 and 2006. A true and correct copy of the Tax Sale Notice is attached hereto as Exhibit "A." 6. In order to prevent the sale of the property and protect Citizens security interest, on September 13, 2007, payment in the amount of $2,524.64, was made to the Cumberland County Tax Claim Bureau. True and correct copies of the cover letter and check and receipt are attached hereto as Exhibits "B" and "C", respectively. 7. Accordingly, as the Judgment has already been entered, and additional sums have now become due, the damages as set forth in the judgment amount are inaccurate. #287901 (148464.031) 8. The Judgment formerly entered is insufficient to satisfy the amounts due and owing on the Mortgage. 9. Under the terms of the Mortgage and Pennsylvania law, Citizens is entitled to the inclusion of the taxes which it paid after the judgment had been entered. WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, hereby respectfully requests that this Honorable court amend the Judgment from the amount of $31,252.30, to add in the taxes paid in the amount of $2,525.14, to the final sum of $33,776.94, plus continuing interest at the per diem rate of $5.48, from August 20, 2007. Respectfully submitted, WILENTZ, GOLDMAN & SPITZER, P.A. BY: 'amel S. Bernliim, 3d, Esquire Lauren R. Bersc er, Esquire Attorney for Plaintiff, Citizens Bank of Pennsylvania Date: November 9, 2007 #2879PI01 (148464.031) WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax 412-2323-0773 CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 PLAINTIFF, CITIZENS BANK OF PENNSYLVANIA'S, BRIEF IN SUPPORT OF ITS FOR THE REACCESSMENT OF DAMAGES 1. PRELIMINARY STATEMENT: On September 1, 2004, Robert F. Dittenhafer, deceased, executed a Promissory Note agreeing to pay principal, interest, late charges and real estate taxes as they became due. This Note was secured by a Mortgage on the Property located at 325 N. East Street, Carlisle, PA 17013. On September 22, 2006, Mr. Dittenhafer died, whereafter no payments on the loan were made. The Loan fell into default. Thereafter, Citizens in accordance with the Note and Mortgage, in an effort to protect its security interest and recoup the monies which it is rightfully owed commenced this foreclosure action. #2879301(148464.031) Citizens entered judgment in mortgage foreclosure on August 22, 2007. Thereafter, the Cumberland County Tax Claim Bureau notified Citizens that the property was going to be sold Tax Sale, as the taxes were delinquent. In order to stop the tax sale and protect its security interest, Citizens, on September 13, 2007, paid the sum of $2,524.64, to the Cumberland Tax Claim Bureau. (See Exhibits, "B" and "C"). Accordingly, since the tax monies were paid after the Judgment was entered, in order to ensure citizens is adequately protected when the property is sold at sheriffs sale, this motion to reaccess is being filed. II. LEGAL ARGUMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 44: Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in face can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintif] must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical #2879H01 (148464.031) that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Additionally, amending this judgment will have no detrimental effect on the defendant for multiple reasons. First, an in rem judgment imputes no personal liability on the defendants. Specifically in this case, there is no estate and no known heirs, thus, even if personal liability could be imposed, there is no one to impose it on and the complaint specifically releases all heirs not named in the lawsuit from any personal liability as allowed by Pa. R.C.P. 1144(b). While the law is clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff receive the amount of the in rem judgment from the Sheriff. Thus, the reason why Citizens needs to have the judgment reacessessed. . In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to make the yearly tax payments. The Note and mortgage clearly require that monthly payments of principal and interest be made until the loan is paid in full. They also require, among other #2879fq01 (148464.031) things, that the yearly taxes are paid. The Note and Mortgage have been breached and Citizens has incurred a financial loss on this loan. If Citizens had had not advanced the monies for the delinquent taxes, Citizens would have put itself at risk for losing its collateral. If the Property were sold at a tax sale, Citizens' interest may have divested and then Citizens would have sustained a complete loss on the outstanding balance due on the loan. Thus, Citizens had no choice but to pay the delinquent taxes if it wanted to protect its security interest. Therefore, Citizens is only requesting that the sum of $2,524.64, be added to the Judgment which was entered on August 22, 2007, in the amount of $31,252.30. VII. CONCLUSION Plaintiff, Citizens Bank of Pennsylvania, hereby respectfully requests that his Honorable Court grants its Motion to Reaccess Damages and to direct the Porthonotary to amend the judgment entered on August 22, 2007, from the sum of $31,252.30, to the sum of $33,776.94, plus per diem interest at the rate of $5.48, from August 20, 2007, as the original judgment had included. Respectfully submitted, WILENTZ, GOLDMAN & SPITZER, P.A. BY: K? A) &Jc?\-U el S. Bernh im, 3d, Esquire Lauren R. Bersc er, Esquire Attorney for Plaintiff, Citizens Bank of Pennsylvania Date: November 9, 2007 #2879DI01 (148464.031) EXHIBIT "A" NOTICE OF PUBLIC TAX SALE Cumberland County Tax Claim Bureau One Courthouse Square, Carlisle, PA 17013 (717) 240-6366, fax (717) 240-7835 MAIL NOTICE August 2, 2007 ******WARNING******** THE BELOW DESCRIBED PROPERTY IS ABOUT TO BE SOLD WITHOUT YOUR CONSENT FOR DELINQUENT TAXES. YOUR PROPERTY MAY BE SOLD FOR ASMALL FRACTION OF .ITS MARKET VALUE. IF YOU HAVE ANY QUESTIONS AS TO WHAT YOU MUST DO IN ORDER TO SAVE YOUR PROPERTY, PLEASE CALLYOUR ATTORNEY, THE TAX CLAIM BUREAU AT THE FOLLOWING TELEPHONE NUMBER, 240-6366 OR 1-888-697-0371 ext. 6366, OR THE COUNTY LAWYER REFERRAL SERVICE. of sale has been published once in the Evening if, the Harrisburg Patriot News, and in the gland Law Journal the week of July 16, 2007. if your taxes are paid from a mortgage escrow account, j the mortgage holder does not receive a copy of this notice. However, you remain liable for the payment of these taxes and if they are not paid, your property may be sold even if you have provided the money to the mortgage holder. OWNERIREPUTED OWNER: DITTENHAFFER, ROBERT PARTY OF INTEREST rPROPERTY DESCRIPTION: BERSCHLER, LAUREN R Carlisle Borough U` ?i?l2Pl'lSjfnn?4 of PA 325 N EAST STREET i ? TWO PENN STREET LAND SUITE 910 Residential Building PHILADELPHIA PA 19102 02-20-1800-168 APPROXIMATE UPSET PRICE: $2,949.51 i 10: All owners of property described in this notice, and all persons having tax liens, tax judgements or municipal claims lagainst such properties. Notice is hereby given by the TAX CLAIM BUREAU in and for the County of Cumberland under the Act of 1947, P.L. !1368, as amended, that the said BUREAU will expose at public sale in the CUMBERLAND COUNTY OLD COURTHOUSE, iCarlisle, PA at 10:00 a.m. on Thursday; September 20, 2007, for the purpose of collecting unpaid taxes, municipal claims land all costs incident thereto, the above described real estate for at least the upset price in the amount hereinabove set iforth. "The Sale of this property may, AT THE OPTION OF THE BUREAU, be stayed if the owner thereof on or before the sale Idate, enters into an agreement with the BUREAU to pay the taxes, claims and costs in installments in the manner !provided in Sec. 603 of said Act. Again, this provision is only available at the OPTION OF THE BUREAU. IPAYMENTS PRIOR TO SALE: Treasurers Check, Money Order or Certified Check payable to: "Tax Claim Bureau". The total above represents all delinquent taxes, costs, municipal claims, and current year taxes on said property. Please call !the Bureau for the exact amount due before making payment. UNCERTIFIED PERSONAL CHECKS NOT ACCEPTABLE WILENTZ IGOLDMAN &SPITZER P.A. ATTORNEYS AT LAW 00 Woodbridge Center Drive Suite 900 Box 10 Woodbridge, NJ 07095-0958 732 636-8000 ?ax?732)855-6117 Meridian Center I Two Industrial M2 West Eatontown, NJ 4-2265 732 542-4500 ?ax ()732) 493-8387 110 William Street 26th Floor New York, NY 10038-3901 212 267-3091 Fax (212) 267-3828 Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 ((21 569-0000 rax$15)636-3999 One Oxford Centre Suite 4300 Pittsburgh, PA 15219 L412 255-3767 ax (412) 255-3701 mebsifc. wmm wilentzeam September 12, 2007 VIA FEDERAL EXPRESS Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013 Re: Property Address: 325 N. East Street, Carlisle, PA Parcel No. 02-20-1800-168 Upset tax Sale: 9-20-07 Dear Sir/Madam: Please reply to: 11iltsburah: Lauren It. Berschler. lisquire Iberschlcrrir:rvilenl.z,?orn 4 I2-255-3 767 412-255-3701 Please be advised that this firm represents Citizens Bank of Pennsylvania ("Citizens"), a mort?ga('ee on the above-referenced property. Pursuant to the Notice of Public Tax Sale \•vhich was received, enclosed please trod a check in the amount of $2,525.14, the amount required to payoff the delinquent taxes and lake the property off the September 20, 2007, tax sale list. Also enclosed, please find a self-addressed stamped CnvClope Which is enclosed for your convenience to provide us With a receipt for such payment. If any additional information is required or 11'310u (lave any questions please do not hesitate to Contact me at 412-255-3767. Thank you for your time and assistance \vith this matter Sincerely, \UILENT GOLDMAN & SPITZER `.l 13Y. I m ;r 1 V?".ukocmu"4 LAUREN R113ERSCI-ILER LIZ Gi 11nClosures „3O.,O 77 ( i 4S40 L.03, I ) 499156243811 New 2/05 M 62790-M _ xp, Aff HDLD•DCICUMENTUP.'.TQ.THE.IIGHTTOVIEWTRUEWATERMARK OI l'IC?AL IECl1 HULDDOCUMEP7TUPT.OTHE. LGHTTOVIEW TF?UEWHTERMAHIC I - - - - - - 978015051 '` - y Citizens Bank Sep 06, 2007 $2,524.64 PAY TWO THOUSAND FIVE HUNDRED TWENTY-FOUR ANO 64/100 Drawer: Citizens Bank of Pennsylvania' TO CITIZENS BANK OF PA OR CUMBERLAND COUNTY TAX CLAIM BUREAU' THE ONE COURTHOUSE SQUARE -' ORDER CARLISLE, PA 17013 OF - i ?•? - MEMO: PAYING TAXES TO AVOID TAX SALE ^?.. Issued by Integrated Payment Systems Inc., Englewood, Colorado 23-97/1020 ? 6 Worgan Chase Bank, N.A., Denver, Colorado:, t r? M ii' 2 2 5 L74iI' is LO 20009791: 25009780 1 505 1911' CUMB CNTY TAX CLAIM PAGE 01/02 09J21J2007 10:11 7172407835 BRUCE BARCLAY CHAIRMAN t; - GARY EICHELBERGER VICE CHAIRMAN RICHARD ROVEGNO TAX CLAIM BUREAU OF CUMBERLAND COUNTY SECRETARY One Courthouse Square, Carlisle, PA 1 70 1 3-3 389 JOHN BYRNE CHIEF OPERATIONS OFFICER EDWARD SCHORPP SOLICITOR STEPHEN 0. TILEY ASSISTANT SOLICITOR Reprinted: 9/21/07 C (717)2.40-6366 Receipt No.: 57619 10:07:31 Receipt Date: 9/13/2007 Control. Number: 2-000180 **** RECEIPT **** Page: 1 Property Description: DITTENHAFFER, ROBERT G 325 NORTH EAST STREET LAND LESS THAN 1 ACRE CARLISLE PA 17013 Residential Building SituB Information: 325 N EAST STREET Map No: 02-20-1800-168 CARLISLE SOROUGH Y Interes & ear Description Face t Costs Total 2005 SCH-CARLISLE AREA 796,56 199.06 995.62 2005 BUREAU COSTS 120.73 120.73 Received For Year of 2005 $1116.35 2006 CTY-CARLISLE BORO 1 145.84 23.30 169.14 2006 CLB-CARLISLE BORO 1 7.1.95 1.92 13.87 2006 MUN-CARLISLE SORO 1 7.86.53 53 29.85 216,38 2006 SCH-CARLISLE AREA 06 835. 133.59 968.65 2006 BUREAU COSTS 40.25 40.25 Received For Year Of 2006 $1408,29 Tendered > CHECK Total Received $2524.64 Received By > JC Paid By > WILENTZ GOLDMAN SPITZER PA Remarks > 978015051 * Continued * 09/21/2007 10:11 BRUCE BARCLAY CHAIRMAN GARY EICHELBERGER VICE CHAIRMAN RICHARD ROVEGNO SECRETARY Printed: 9/21/07 10:07:31 7172407835 CUMB CNTY TAX CLAIM TAX CLAIM BUREAU OF CUMBERLAND COUNTY One COurthouse Square, Carlisle, PA 17013-3389 (717) 240-6366 PAGE 02/02 JOHN BYRNE CHIEF OPERATIONS OFFICER EDWARD SCHORPP SOLICITOR STEPHEN D. TILEY ASSISTANT SOLICITOR Receipt No.: 57619 TAX CLAIM RECEIPT Receipt Date: 9/13/2007 Page: 2 DITTENHAFFER, ROBERT G Tax Penalty & -- Year Description Face Interest Costs Total, Balance Due As Of 9/13/2007 Claim Balance: .00 Receipt Number: 57619 Total Received: $2524.54 WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax 412-2323-0773 CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania : COURT OF COMMON PLEAS : CUMBERLAND COUNTY DOCKET NO. 07-1949 CERTIFICATION OF PREVIOUS MOTION I, Lauren R. Berschler, Esquire, hereby submit, that on June 21, 2007, the Honorable J. Wesley Oler, Jr., ruled upon Citizens' Motion for Alternative Service which was filed with the Court on April 30, 2007. uren R. Bersc ler, Esquire CERTIFICATION OF CONCURRENCE I, Lauren R. Berschler, hereby certify that no concurrence for this motion was sought as the named defendants are any and all unknown heirs and therefore, as we are unaware of any actual heirs, no concurrence by anyone could be sought. u" en R. Bersc ler, Esquire #2879H01 (148464.031) n ? o { ' f C.y7 - "L7 -Tj L 3 ° rrv '_ ? tip CITIZENS BANK OF PENNSYLVANIA, Plaintiff • IN THE COURT OF COMMON PLEAS OF NIA CUMBERLAND COUNTY, PENNSYL CIVIL ACTION - LAW V. ANY AND ALL UNKNOWN HEIRS, ASSIGNS SUCCESSORS, ANS, FIRMS AND ALL PERSO OR ASSOCIATIONS CLAIMING OR CLAIMING RIGHT, R UNDER INTEREST FROM ROBERT G. DITTENHAFER, DECEASED, Defendant NO. 07-1949 CIVIL TERM ORDER OF COURT cn vember, 2007, upon consideration of Plaintiff AND NOW, this 30 day of No Citizens Bank of Pennsylvania's Motion To Reassess Damages for Taxes Paid after hereby issued upon all interested parties to show cause judgment Was Entered, a Rule is why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. BY THE COURT, Daniel Bernheim, III, Esq. Lauren R. Berschler, Esq. Park Building 355 Fifth Avenue Suite 400 Pittsburgh, PA 15222 Attorneys for Plaintiff :rc rF j j ?4 . Wesley r, Jr., . . ? :x ,-Hi WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax 412-2323-0773 CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY : DOCKET NO. 07-1949 MOTION TO MAKE RULE ABSOLUTE Plaintiff, Citizens Bank of Pennsylvania, by and through its attorneys, Wilentz, Goldman & Spitzer, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. Citizens Bank of Pennsylvania is the Plaintiff in this matter. 2. A Motion to Reassess Damages was filed with the Court on November 13, 2007. 3. A Rule was entered by the Court on November 30, 2007, directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. On December 6, 2007, the Rule to Show Cause was served upon the defendant. A true and correct copy of the letter is attached hereto as Exhibit "B." 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of December 20, 2007. WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. WILENTZ GOLDMAN & SPITZER By: auren R. Berschler, Esquire Attorney or the Plaintiff Date: April 3, 2008 #3022197 (148464.031) WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax 412-2323-0773 CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY : DOCKET NO. 07-1949 PLAINTIFF, CITIZENS BANK OF PENNSYLVANIA'S BRIEF IN SUPPORT OF IT'S MOTION TO MAKE RULE ABSOLUTE 1. PRELIMINARY STATEMENT: On September 1, 2004, Robert F. Dittenhafer, deceased, executed a Promissory Note agreeing to pay principal, interest, late charges and real estate taxes as they became due. This Note was secured by a Mortgage on the Property located at 325 N. East Street, Carlisle, PA 17013. On September 22, 2006, Mr. Dittenhafer died, whereafter no payments on the loan were made. The Loan fell into default. Thereafter, Citizens in accordance with the Note and #3022197 (148464.031) Mortgage, in an effort to protect its security interest and recoup the monies which it is rightfully owed commenced this foreclosure action. Citizens entered judgment in mortgage foreclosure on August 22, 2007. Thereafter, the Cumberland County Tax Claim Bureau notified Citizens that the property was going to be sold at Tax Sale, as the taxes were delinquent. In order to stop the tax sale and protect its security interest, Citizens, on September 13, 2007, paid the sum of $2,524.64, to the Cumberland Tax Claim Bureau. (See Exhibits, "B" and "C"). Accordingly, since the tax monies were paid after the Judgment was entered, in order to ensure citizens is adequately protected when the property is sold at sheriff s sale, on November 13, 2007, a Motion to Reaccess Damages was filed. II. LEGAL ARGUMENT On November 13, 2007, a Motion to Reassess Damages was filed with the Court. On November 30, 2007, a Rule was issued by the Court. (See Exhibit "A"). On December 6, 2007, notice of the Rule was served on the Defendant. (See Exhibit `B"). To date, there has been no response to the Rule. Thus, the Rule returnable date of December 20, 2007, has long passed. III. CONCLUSION WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, hereby respectfully requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Date: April 3, 2008 WILENTZ GOLDMAN & SPITZER BY: uren R. erschler, Esquire -Ap'w Attorney fo the Plaintiff #3022197 (148464.031) VERIFICATION I, Lauren R. Berschler, Esquire, hereby states that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Dat en R. Bers hler, Esquire Attorney for PI ' tiff #3022197 (148464.031) EXHIBIT 44811 CITIZENS BANK OF PENNSYLVANIA, Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-1949 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of November, 2007, upon consideration of Plaintiff Citizens Bank of Pennsylvania's Motion To Reassess Damages for Taxes Paid after Judgment Was Entered, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. BY THE COURT, Daniel Bernheim, III, Esq. Lauren R. Berschler, Esq. Park Building 355 Fifth Avenue Suite 400 Pittsburgh, PA 15222 Attorneys for Plaintiff a G- (J. Wesley OVer, Jr., . :rc EXHIBIT WILENTZ GOLDMAN &SPITZER P.A. ATTORNEYS AT LAW 90oododvr??dpe10Center Drive (V7113o2od732? 07095-0958 Fax 6)a55 8117 Meridian CentNr I Two Indtuhial West Eato?nt5o?wnj W 0 4-2285 Pai73z 49? 387 12ft? Street New York, NY 10038-M1 ((21 287-3091 FaxJ212) 2871= ST o Pam Center Plaza ((Piledg?% PA 19102 F2a1ir51215) 8384999 Pa ?PgpAg1 ? M1412) 232-0773 Sub weballc wwrrwllartzcax December 6, 2007 Please reply to: Lamen R Berselder, Esquire Pittsburgh, Pennsylvania Direct Dial: 412.232-0808 Email: iberschlernwilentz.com Any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert Dittenhafer, deceased 325 North East Street Carlisle, PA 17013 Re: Citizens Bank of Pennsylvania v. Defendants any and all unknown heirs, successors, assigns and all person, firms or associations claiming right, title or interest from or under Robert Dittenhafer, deceased CCP, Cumberland County, Docket No. 2007-01949 To Whom It May Concern: As you may recall, this firm represents Citizens Bank of Pennsylvania ("Citizens"), with respect to the above-referenced matter. Enclosed please find a copy of Citizens' Motion to Reaccess Damages and the Court's Rule Returnable Order. Please note, you have until December 20, 2008, to file your response. Please be guided accordingly. Sincerely, WILENTZ GOLDMAN & SPITZER BY: L BERSCHLER LRB/ Enclosures VERIFICATION I, Lauren R. Berschler, Esquire, hereby states that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Date Lauren R. Berschler, Esquire Attorney for Plaintiff #3022197 (148464.031) WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax 412-2323-0773 CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant AND NOW, this day of 2008, upon consideration of Plaintiff, Citizens Bank of Pennsylvania's, Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. IT IS FURTHER ORDERED that the Prothonotary is hereby directed to amend the Judgment Nunc Pro Tunc in this case to reflect the amended judgment amount of $33,776.94, plus continuing interest at the per diem rate of 5.48, from August 20, 2007. BY THE COURT: J Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 ORDER #3022197 (148464.031) o CID r i F1 f' ???AI 'Y WR 11 2080\ WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax 412-2323-0773 CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 f ORDER AND NOW, this l ( ` day of r . , 2008, upon consideration of Plaintiff, Citizens Bank of Pennsylvania's, Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. IT IS FURTHER ORDERED that the Prothonotary is hereby directed to amend the Judgment Nunc Pro Tunc in this case to reflect the amended judgment amount of $33,776.94, plus continuing interest at the per diem rate of 5.48, from August 20, 2007. BY THE COURT: J. #3022197 (148464.031) F , t ? c") .r? 7) t3.. LL ' EJ N U `-IL ( r W 1 ?'V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS FROM OR UNDER ROBERT G. DITTENHAFER DECEASED Defendants. 1 Confession Judgment ¦ Other - MORTGAGE FORECLOSURE File No. 07-1949 Civil Term Amount Due: $33,776.94, plus Interest: $2,071.44 from 08/20/07-9/3/08 5.48/day), plus Atty's Comm: $0.00, plus Costs: to be added TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended, and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) 325 North East Street Carlisle, PA 17013 as more fully described in Exhibit "A" attached hereto. Date: !_12-IjO2 Signature: Print Name: Ailren R. Be!rschier, Esquire Address: Wilentz Goldman & Spitzer Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 Attorney for: Plaintiff Telephone: 412-232-0808 Supreme Court ID No.: 88209 42945371 (148464A31) 11"I'l L L L o g b- 00 0 O tb cli 0 OR 11 ?aoe? WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Attorney Id Nos.32736/88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax 412-2323-0773 CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 ORDER AND NOW, this 1 t day of 2008, upon consideration of Plaintiff Citizens Bank of Pennsylvania's, Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. IT IS FURTHER ORDERED that the Prothonotary is hereby directed to amend the Judgment Nunc Pro Tune in this case to reflect the amended judgment amount of $33,776.94, plus continuing interest at the per diem rate of 5.48, from August 20, 2007. BY THE COURT: L? -. lb, J. #3022197 (148464.031) EXHIBIT "A" ALL THAT CERTAIN lot or parcel of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, together with the improvements thereon erected, bounded and described as follows: ON the North by property now or formerly of John Kitzmoyer; on the East by a 15 foot wide alley; on the South by property now or formerly of Edward Evans; and on the West by North East Street; having a frontage of fifteen (15) feet on North East Street and extending in depth at an even width for a distance of one hundred twenty (120) feet to the alley aforesaid; being improved with a two-story frame dwelling house numbered and known as 325 North East Street. TOGETHER with a right of way through and over the alley on the East as fully and completely as the same is held by the grantors herein named. Improvements: Residential Dwelling Property known as: 325 North East Street, Carlisle, PA 17013 Tax ID #: 02-20-1800-168 #2945372 (148464.031) WILENTZ, GOLDMAN & SPITZER P.A. DANIEL S. BERNHEIM, 3D, ESQUIRE LAUREN R. BERSCHLER, ESQUIRE Attorney Id Nos. 32736/88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax 412-232-0773 CITIZENS BANK OF PENNSYLVANIA Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 AFFIDAVIT PURSUANT TO RULE 3129.1 LAUREN R. BERSCHLER, ESQUIRE, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 325 North East Street, Carlisle PA 17013, as more fully described in the metes and bounds description attached hereto, and made a part hereof, and identified as Exhibit "A": 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Any and all Unknown Heirs, 325 North East Street Successors, Assigns, and all Carlisle. PA 17013 Persons, Firms or Association claiming right, title or interest from or under Robert G. Dittenhafer, deceased 42945370 (148464.031) 2 3. 4 5. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Any and all Unknown Heirs, 325 North East Street Successors, Assigns, and all Carlisle, PA 17013 Persons, Firms or Association claiming right, title or interest from or under Robert G. Dittenhafer, deceased Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 2001 Market Street Philadelphia, PA 19103 Name and last known address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 2001 Market Street Philadelphia. PA 19103 Farmers and Merchants Trust Company Hanover Street Office 14 North Hanover Street Carlisle. PA 17013 6. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) None. 7. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) PA Dept. of Public Welfare- Health & Welfare Building Bureau of Child Support P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations Section 13 North Hanover Street of Cumberland County Carlisle, PA 17013 8. Name and address of every person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Commonwealth of Pennsylvania Department of Revenue Inheritance Tax Division 1 13 I Strawberry Square 6"' Floor, Department 280601 Harrisburg, PA 17128 Internal Revenue Service - Special Procedures Branch 1001 Liberty Avenue, Suite 1300 Pittsburgh, PA 15222 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 made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. 11.2,1 Date 4L4n1R. Berscl er, Esquire Swory?/? to a ed before me #J?+slll.av o ?.,' _. 2008. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Julia A. McBride. Nctary Puolic City of PhiladejIphi;. Philacietphia County My commission; ExareS May 29, 2010 Member, pennsylvania As:a.,ciatson of Notaries n ra t7 ? it "C7 -s ""? G1J"1 ?77 WILENTZ, GOLDMAN & SPITZER P.A. DANIEL S. BERNHEIM, 31), ESQUIRE LAUREN R. BERSCHLER, ESQUIRE Attorney Id Nos. 32736/88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax 412-232-0773 CITIZENS BANK OF PENNSYLVANIA Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 ACT 6 AND ACT 91 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. I, Lauren R. Berschler, Esquire, being duly sworn according to law, depose and say that I am counsel for the Plaintiff, and that I am authorized to make this Affidavit on its behalf, and that the provisions of Act 6 codified at 41 P.S. § 101 et seq. and the provisions of Act 91 codified at 35 P. S. §1680.401c et seq. have been complied with. Date L r n R. Berscl ler, Esquire S before me , 2008. EALTH OF PENNSYLV Notarial Seal Julia A. McBride, Notary Puolic City Of Philadelphia, Philadelphia County #2945370 (148464.113 1) My Comrnismn. t;:xp?res May 29, 2010 Member, Pennsylvani, Association of Notaries WILENTZ, GOLDMAN & SPITZER P.A. DANIEL S. BERNHEIM, 3D, ESQUIRE LAUREN R. BERSCHLER, ESQUIRE Attorney Id Nos. 32736/88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax 412-232-0773 CITIZENS BANK OF PENNSYLVANIA Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff, Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO THE DEFENDANT: ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED DATE OF SALE: SEPTEMBER 3, 2008 AT 10:00 A.M. PROPERTY TO BE SOLD: 325 NORTH EAST STREET, CARLISLE, PA 17013 PLACE OF SALE: CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 To prevent this Sheriff's Sale, you must take immediate action: The sale will be canceled if you pay to Citizens Bank of Pennsylvania the sum of $33,776.94, plus interest and costs. To find out how much you must pay, you may call Lauren R. Berschler, Esquire at (412) 232-0808. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale (See notice on page two and how to obtain an attorney). #2945370(148464.031) c .y 71 'r 3. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling Lauren R. Berschler, Esquire at (412) 232-0808. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has occurred, you may call Lauren R. Berschler, Esquire at (412) 232- 0808. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by sheriff not later than thirty (30) days following the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution i! wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. You may also have other rights and defenses or ways of getting your property back if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4"' Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1949 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIZENS BANK OF PENNSYLVANIA, Plaintiff (s) From ANY AND ALL UNKNOWN HERIS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS FROM OR UNDER ROBERT G. DITTENHAFER, Deceased (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $33,776.94 L.L.$ 0.50 Interest $2,071.44 from 8/20/07 to 9/03/08 at @$5.48/day, plus Atty's Comm % Due Prothy $2.00 Atty Paid $144.80 Other Costs to be added Plaintiff Paid Date: 5/23/08 rothonota (Seal) By: REQUESTING PARTY: Name: LAUREN R. BERSCHLER, ESQUIRE Address: WILENTZ, GOLDMAN & SPITZER PARK BUILDING 355 FIFTH AVENUE, SUITE 400 PITTSBURGH, PA 15222 Deputy Attorney for: PLAINTIFF Telephone: 412-232-0808 Supreme Court ID No. 88209 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which DORIS JEAN BIAGI & GLENN E IECKENDODRDN JR is the grantee the same having been sold to said grantee on the 3RD day of MP A.D., 2008, under and by virtue of a writ Execution issued on the 23RD day of MAY, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 1949, at the suit of CITIZNS BANK OF PA against ROBERT G DITTENHAFER ESTATE/HEIRS is duly recorded as Instrument Number 200833508. IN TESTIMONY "EREOF, I have hereun o set my hand and seal of said office this _day of -A -A Qt , A.D. a7,M r-N, f D eeds ,??ec CMV. Cando, PA ? t?w First Monday of Jan. 2010 Citizens Bank of Pennsylvania In the Couirt of Common Pleas of VS Cumberland County, Pennsylvania Any and All Unknown Heirs, Successors, Assigns. Writ No. 2007-1949 Civil Term And all Persons, Firms or Associations Claiming Right, Title or Interest From or Under Robert G. Dittenhafer, Deceased Shannon K. Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on June 14, 2008 at 1023 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Any and All Unknown Heirs, Successors, Assigns And all Persons, Firms or Associations Claiming Right, Title or Interest From or Under Robert G. Dittenhafer, Deceased , by posting a true and correct copy of the within action upon the premises located at 325 North East Street, Carlisle, Cumberland County, Pennsylvania pursuant to order of court, according to law. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2008 at 2016 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Any and All Unknown Heirs, Successors, Assigns And all Persons, Firms or Associations Claiming Right, Title or Interest From or Under Robert G. Dittenhafer, Deceased located at 325 North. East St., Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the (following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Any and All Unknown Heirs, Successors, Assigns And all Persons, Firms of Associations Claiming Right, Title or Interest From or Under Robert G. Dittenhafer, Deceased by regular mail to their last known address of 325 North East Street, Carlisle, PA 17013. This letter was mailed under the date of July 14, 2008 and returned to the Sheriffs Office on July 29, 2008 marked "Unable to Forward." 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 September 3, 2008 at 10:00 o'clock A.M., sold the same for the sum of $44,700.00 to Doris Jean Biagi and Glenn E. Heckendorn, Jr. It being the highest bid and the best price received for the same Doris Jean Biagi and Glenn E. Heckendorn, Jr., of, 14 Sunset Drive, Hershey, PA, being the buyers in this execution paid Sheriff R. Thomas Kline, the sum of $47,566.78. Sheriff s Costs Docketing $30.00 Poundage 894.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 10.00 Posting 6.00 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 294.80 Share of Bills 17.64 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 $1,807.44 So we R. Thomas Kline, Sheriff BY V, )Oloqlb 7 q, J 4 4 U 41 WILENTZ, GOLDMAN & SPITZER P.A. DANIEL S. BERNHEIM, 3D, ESQUIRE LAUREN R. BERSCHLER, ESQUIRE Attorney Id Nos. 32736/88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax 412-232-0773 CITIZENS BANK OF PENNSYLVANIA Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant Attorneys for Plaintiff Citizens Bank of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 AFFIDAVIT PURSUANT 10 RULE 3129.1 LAUREN R. BERSCHLER, ESQUIRE, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execuiion was filed, the following information concerning the real property located at 325 North East's treet, Carlisle, PA 17013, as more :frilly described in the metes and bounds description attached, hereto, and made a part hereof, and identified as Exhibit "A": Name and address of Owner(s) or Reputed Owner(s): Name Address Any and all Unknown Heirs, 3215 North East Street Successors, Assigns, and all Carlisle, PA 17013 Persons, Firms or Association claiming right, title or interest from or under Robert G. Dittenhafer, decease #2945370(148464.031) a 2. Name and address of Defendant(s) in thq judgment: Name Adl'dress (if address cannot be reasonably ascertained, please so indicate) 3. 4. 5. Any and all Unknown Heirs, 325 North Last Street Successors, Assigns, and all Carlisle, PA 17013 Persons, Firms or Association claiming right, title or interest from or under Robert G. Dittenhafer, deceased Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 2001 Market Street Philadelphia, PA 19103 Naive and last known address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 2001 Market Street Philadelphia, PA 19103 Farmers and Merchants Trust Company Hannover Street Office 14 North Hanover Street Carlisle, PA 17013 6. Name and address of every other person who has any record lien on the property: Name Ad?ress (if address cannot be rea onably ascertained, pl6se so indicate) None. i 7. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) PA Dept. of Public Welfare- Bureau of Child Support IIealtli & Welfare Building P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations Section of Cumberland County 13 North Hanover Street Carlisle, PA 17013 8. Name and address of every person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Commonwealth of Pennsylvania I 13 1 Strawberry Square Department of Revenue Inheritance 6°i IFloor, Department 280601 Tax Division Halrrisburg, PA 17128 Internal Revenue Service - Special Procedures Branch 100 1 Liberty Avenue, Suite 1300 Pittsburgh, PA 15222 I verify that the statements made in this affidavit arq true and correct to the best of my personal knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. 6 2 - L I 10 M ?Un 1, KO Y\ Date L UL r n R. erscli er, Esquire Swor to ed before me J1 aY o i/ - 2008. COMMONWEALTH OF PENNSYLVANIA ide, Notary Puolic =MYCOMftss," arial Seal ic, Phiiacieiphia Coui qty Ex}xras May 29, tot o Membor, Pennsy lvania Asaoui?+t%on of Notaries EXHIBIT "A" ALL THAT CERTAIN lot or parcel of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, together with the improvements thereon erected, bounded and described as follows: ON the North by property now or formerly of John Kitzmoyer; on the East by a 15 foot wide alley; on the South by property now or formerly of E¢lward Evans; and on the West by North East Street; having a frontage of fifteen (15) feet on North East Street and extending in depth at an even width for a distance of one hundred twenty (120) feet to the alley aforesaid; being improved with a two-story frame dwelling house numbered and known as 325 North East Street. TOGETHER with a right of way through and over the alley on the East as fully and completely as the same is held by the grantors herein named. Improvements: Residential Dwelling Property known as: 325 North East Street, Carlisle, PA 17013 Tax ID #: 02-20-1800-168 #2945372 (148464.031) WILENTZ, GOLDMAN & SPITZER P.A. DANIEL S. BERNHEIM, 3D, ESQUIRE LAUREN R. BERSCHLER, ESQUIRE Attorney Id Nos. 32736/88209 Park Building 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 4.12-232-0808 Fax 412-232-0773 CITIZENS BANK OF PENNSYLVANIA Plaintiff V. ANY AND ALL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER ROBERT G. DITTENHAFER, DECEASED Defendant At orneys for Plaintiff, C1 izens Banl< of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-1949 NOTICE OF OWNER' YOU MAY BE ABLE TO PREVENT TO THE DEFENDANT: ANY AND ALL UNKNO AND ALL PERSONS, FII RIGHT, TITLE OR INTO DITTENHAFER, DECEA VN HEIRS, SUCCESSORS, ASSIGNS MS OR ASSOCIATIONS CLAIMING .EST FROM OR UNDER ROBERT G. QED DATE OF SALE: SEPTEMBER 3, 2008 AT 10:00 A.M. PROPERTY TO BE SOLD: 325 NORTH EAST STRE T, CARLISLE, PA 17013 PLACE OF SALE: CUMBERLAND COUNT`' COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013 To prevent this Sheriff's Sale, you must take immediate actiow The sale will be canceled if you pay to Citi $33,776.94, plus interest and costs. To fin. Lauren R. Berschler, Esquire at (412) 232- ens Bank of Pennsylvania the sum of out how much you must pay, you may call 808. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the .lodgment was improperly ntered. You may also ask the Coiu-t to postpone the sale for good cause. 3. You may also be able to stop the sale througli other legal proceedings. You may need an attorney to assert your rights. The s?wo oner you contact one, the more chance you will have of stopping the sale (See notice on page and how to obtain an attorney). #2945370 (148464.031) kXHIBIT "A" ALL THAT CERTAIN lot or parcel of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, together with the improvements thereon erected, bounded and described as follows: ON the North by property now or formerly of John Kitzmoyer; on the East by a 15 foot wide alley; on the South by property now or formerly of Edward Evans; and on the West by North East Street; having a frontage of fifteen (15) feet 'on North East Street and extending in depth at an even width for a distance of one hundred twenty (120) feet to the alley aforesaid; being improved with a two-story frame dwelling house numbered and known as 325 North East Street. TOGETHER with a right of way through and over the alley on the :East as fully and completely as the same is held by the grantors herein named. Improvements: Residential Dwelling Property known as: 325 North East Street, Carlisle, PA 17013 Tax ID #: 02-20-1800-168 #2945372 (148464.031) WRIT OF EXECUTION and/or ATTACHMENT ? COMMONWEALTH OF PENNSYLVANIA) NO 07-1949 Civil G'` COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIZENS BANK O PENNSYLVANIA, Plaintiff (s) From ANY AND ALL UNKNOWN HERIS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS FROM OR UNDER ROBERT G. ITTENHAFER, Deceased (1) You are directed to levy upon the property of the defendan (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attac ent is found in the possession of anyone other than a named garnishee, you are directed to notify hi er that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $33,776.94 L.L.$ 0.50 Interest $2,071.44 from 8/20/07 to 9/03/08 at @$5.48/day, plus Atty's Comm % Due Prothy $2 Atty Paid $144.80 Other Costs to l e added Plaintiff Paid Date: 5/23/08 (Seal) By: REQUESTING PARTY: Name: LAUREN R. BERSCHLER, ESQUIRE Address: WILENTZ, GOLDMAN & SPITZER PARK BUILDING 355 FIFTH AVENUE, SUITE 400 PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Deputy Telephone: 412-232-0808 Supreme Court ID No. 88209 S Z :8 V 8z IN 8001 64 •r lt.itUV JJ183HS t .. ?? ti„ :?t) 4w {.. Real Estate Sale #51 On May 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 325 North East Street, Carlisle more fully described on Exhibit "A" 0. filed with this writ and by this reference r,iev incorporated herein. Date: May 29, 2008 By: S Real Estate Sergeant AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 51 Date Filed: September 19, 2008 Writ No. 2007-1949 Civil Term Citizens Bank of Pennsylvania VS Any and All Unknown, Heirs, Successors, Assigns and all Pers ns, Firms or Associations Claiming Right, Title or Interest From or Under Robert G. Dittenhafer, Deceased. 325 North East Street Carlisle, PA 17013 Sale Date: September 3, 2008 Buyer: Doris Jean Biagi and Glenn E. Heckendorn, Jr. Bid Price: $44,700.00 Real Debt: $33,776.94 Interest: 2,071.44 Attorney Writ Costs: 144.80 Total: DISTRIBUTION: $35,993.18 Receipts: Cash on account (05/29/2008): $ 2,000.00 Cash on account (09/03/2008): 44,700.00 Cash on account (09/04/2008): 2,866.79 Total Receipts: $40,566.78 Disbursements: Sheriff's Costs $1,07.44 Legal Search 00.00 Transfer Tax, Local 36.39 Transfer Tax, State 36.39 Cumberland County Tax Claim 1,465.27 Carlisle Borough Tax Accountant 1, 01.22 Carlisle Borough (water & sewer) 2, 20.99 Wilentz, Goldman & Spitzer 2, 00.00 Citizens Bank 3 5,93.18 Farmers and Merchants Trust Co. 2.305.90 Total Disbursements: ($9,566.78) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SCHEDULE OF DISTRIBUTION SALE NO.5? Date Filed: September 19, 2008 Writ No. 2007-1949 Civil Term Citizens Bank of Pennsylvania VS Any and All Unknown, Heirs, Successors, Assigns and all Pe sons, Firms or Associations Claiming Right, Title or Interest From or Under Robert G. Dittenhafer, Deceased. 325 North East Street Carlisle, PA 17013 Sale Date: September 3, 2008 Buyer: Doris Jean Biagi and Glenn E. Heckendorn, Jr.' Bid Price: $44,700.00 Real Debt: $33,776.94 Interest: 2,071.44 Attorney Writ Costs: 144.80 Total: $35,993.18 DISTRIBUTION: Receipts: Cash on account (05/29/2008): $ 2,000.1 Cash on account (09/03/2008): 44,700. Cash on account (09/04/2008): 2,866. Total Receipts: $49,566.78 Disbursements: Sheriff s Costs $ ,797.44 Legal Search 300.00 Transfer Tax, Local 836.39 Transfer Tax, State 836.39 Cumberland County Tax Claim ,465.27 Carlisle Borough Tax Accountant ,301.22 Carlisle Borough (water & sewer) 1 5720.99 Wilentz, Goldman & Spitzer 00.00 Citizens Bank 3 ,993.18 Farmers and Merchants Trust Co. ,315.90 Total Disbursements: ($49,566.78) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 170551 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 51 held September 3, 2008 EFFECTIVE DATE: September 3, 2008 PREMISES: 325 North East Street, Borough of Carlisle, Tax Parcel No. 02-20-1800-168 (the "Prem RECITAL: Being the same premises which George W. Di, husband and wife, by their Deed dated June I 1 in the Office of the Recorder of Deeds in and f Pennsylvania in Deed Book "R", Volume 23, I unto George W. Dittenhafer and Helen M. Ditl tenants by the entireties, together with Robert right of survivorship. iberland County, Pennsylvania, tenhafer and Helen M. Dittenhafer, 1970 and recorded June 12, 1970 )r Cumberland County, age 137, granted and conveyed -nhafer, husband and wife, as T. Dittenhafer, as joint tenants with The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhi it A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common P eas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal c 3. The rights or claims of any tenants or other parties in 4. Support arrearages of any owner or previous owner 1997, as amended. 5. Any environmental liens or claims filed or on record charges and assessments. the Premises pursuant to Act 58 of the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made] by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienhol der executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but', not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but noti billed as well as those Real Estate taxes accruing on and after January 1, 2008. 20. Subject to the rights in the Premises of any spouse of Robert G. Dittenhafer. 21. Subject to the rights in the Premises of any heirs or beneficiaries of Robert G. Dittenhafer. -2- I 22. Mortgage in the amount of $25,000.00 from George W. Dittenhafer and Helen M. Dittenhafer (deceased) and Robert G. Dittenhafer to Ci izens Bank of Pennsylvania dated September 1, 2004 and recorded September 17, 2004 i Mortgage Book 1881, Page 213. 23. Mortgage in the amount of $9,154.50 from Robert G. ittenhafer to Farmers and Merchants Trust Co. dated June 3, 2005 and recorded ugust 26, 2005 in Mortgage Book 1920, Page 1408. 24. Judgment against Robert G. Dittenhafer in favor of Citizens Bank of Pennsylvania in the amount of $31,252.30 entered August 22, 2007 to No. ,007-1949. 25. Subject to the tax lien of the Tax Claim Bureau in the mount of $1,455.62 together with additional accrued interest and/or penalties. 26. Subject to the rights of others in and to the alleyway lying within or abutting the Premises. 27. Subject to the rights of others in and to any portion of ?he Premises lying within or adjoining North East Street. 28. Notice: No Estate has been opened in Cumberland County for George W. Dittenhafer, Helen M. Dittenhafer and/or Robert G. Dittenhafer. The subject Premises is subject to any and all applicable inheritance tax and estate tax liens and charges. 29. Subject to the rights in and to the Premises of any heirs of George W. Dittenhafer, Helen M. Dittenhafer and Robert G. Dittenhafer. 30. Subject to possible liens and charges due to the Pennsylvania Department of Public Welfare associated with any benefits provided to Geo?ge W. Dittenhafer, Helen M. Dittenhafer and/or Robert G. Dittenhafer. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbake? & Brenneman, P. C. By: -3- REAL ESTATE SALE NO. 51 Writ No. 2007-1949 Civil Citizens Bank of Pennsylvania VS. Any and all Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations Claiming Right, Title or Interest, From or Under Robert G. Dittenhafer, Deceased Atty.: Lauren Berschler EXHIBIT "A" ALL THAT CERTAIN lot or parcel of ground situate in the Borough of Carlisle, Cumberland County, Penn- sylvania, together with the improve- ments thereon erected, bounded and described as follows: ON the North by property now or formerly of John Kitzmoyer; on t e East by a 15 foot wide alley; on e South by property now or formerly of Edward Evans; and on the West by North East Street; having a front- age of fifteen (15) feet on North E at Street and extending in depth at an even width for a distance of one hundred twenty (120) feet to the al- ley aforesaid; being improved with a two-story frame dwelling house numbered and known as 325 No th East Street. TOGETHER with a right of ay through and over the alley on he East as fully and completely as he same is held by the grantors herein named. Improvements: Residential Dw ll- ing. Property known as: 325 No th East Street, Carlisle, PA 17013. Tax ID #:02-20-1800-168. EXHIBIT A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1 29), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberla State aforesaid, being duly sworn, according to law, deposes Journal, a legal periodical published in the Borough of Carlh was established January 2, 1952, and designated by the local periodical for the publication of all legal notices, and has, sir. issued weekly in the said County, and that the printed notice exactly the same as was printed in the regular editions and is Journal on the following dates, Law Journal, of the County and d says that the Cumberland Law in the County and State aforesaid, urts as the official legal January 2, 1952, been regularly publication attached hereto is ;s of the said Cumberland Law 25. and August 1, 2008 Affiant further deposes that he is authorized to verify is statement by the Cumberland Law Journal, a legal periodical of general circulation, and tha he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements a- tn time, place and character of publication are SWORN TO AND SUBSCRIBED before me this 1 day of August, 2008 NOTARIAL SEAL EBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My C mission Expires Apr 28, 2010 Re" seem 4w" iii. &I Writ No. 2007-1949 Civil Citizens Bank of Pennsylvania VS. Any and all Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations Claiming Right, Title or Interest From or Under Robert G. Dittenhafer, Deceased Atty.: Lauren Berschler EXHIBIT "A" ALL THAT CERTAIN lot or parcel of ground situate in the Borough of Carlisle, Cumberland County, Penn- sylvania, together with the improve- ments thereon erected, bounded and described as follows: ON the North by property now or formerly of John Kitzmoyer; on the East by a 15 foot wide alley; on the South by property now or formerly of Edward Evans; and on the West by North East Street; having a front- age of fifteen (15) feet on North East Street and extending in depth at an even width for a distance of one hundred twenty (120) feet to the al- ley aforesaid; being improved with a two-story frame dwelling house numbered and known as 325 North East Street. TOGETHER with a right of way through and over the alley on the East as fully and completely as the same is held by the grantors herein named. Improvements: Residential Dwell- ing. Property known as: 325 North East Street, Carlisle, PA 17013. Tax ID #: 02-20-1800-168. 11is Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 . CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA the Patriot News Now you know 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NI Proof of Publication Under Act No. 587, Approved May 1 , 1929 Commonwealth of Pennsylvania, County of auphin) ss Michael J. Morrow, being duly sworn according to law, deposes and That he is the Controller of The Patriot News Co., a corporation organize 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 Th Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market St eet, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 18 4, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated belo . That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all o 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 author zed and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution u animously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly corded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 . . . . . .14. . Sworn to ?ugust, 2008 A.D. Public NWEALTH OF PENNSYLVANIA NOWW Seal &W* L. Www, Notary Rft CRY Of Ht *bu% DwpW county kV Ow atiftn EOn Nov. 25.2011 NIOM , PWAVIvaMs Assoalstlon of Notaries Real EMi1M Sob No. 51 writ NO. MN I9" ChrflTitirm Citizsns t3arrit of Pennsylvania YS Any and all tieltnbwn Heirs, Successors, Assigns and all Persons, fA?s or Aaccladons Clahning Rtght,Tltle or Intereat From or Urrdar Robert' G. Dtttardralsr, Deeaseed Attorney Lauren Bersghler LEGAL DESCRIPTION ALL THAT CER7'AM lot or parcel of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, together with the imrovements thercon exacted, bounded and desmbed as follows: 'ON the North by property now or formerly of John Kbmoye on the East by 115 foot wide alley; on the South by property now or formerly of Edward Evans; and ou tbe.WesNortb East Street; having a frontage of R6:(15) feet on North Fast Sired and extending in depth at an even width for a distance of one hundred twenty (120) foot to the alley aforesaid; being improved with a two-story frame dwelling house numbered and°knowu as 325 Nor* East Shed. 'DOGE7HFR wit a right of way 1ffinugh and over the alley on the East as folly and completely as the same is betel by the granbots bey aiataad. krerrs?? ?r Tex ID t.02-20-tbWids