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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P 3180-3183
Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
TMS MORTGAGE INC. D B A THE MONEY STORE
4111 S. Darlington
Suite 800
Tulsa, OK 74135
Plaintiff
Vs.
RAY LEE DEITCH AND LINDA V. DEITCH
(Mortgagor(s) and Record Owner(s))
6 Sinclair Road
Mechanicburg, PA 17055
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-7578
PRAECIPE FOR WRIT OF EXECUTION
OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
To satisfy the judgment, interest and costs in the above matter you are
directed to levy upon and sell the following described property:
PREMISES: 6 Sinclair Road, Mechanicburg, PA 17055
See Exhibit "A" attached
ur
AMOUNT DUE $ 80.431.92
Interest
from $
through 91 7/00
(Costs to be added) $
Prothonotary, Common Pleas Court of
Cumberland County, Pennsylvania
Deputy
Dated:
(SEAL)
on &/
Joseph Goldb , Jr.
Attorn for Pl n ff
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ALL THAT CERTAIN lot or tract of land situate in the Township of Monroe, County of
Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a pin at the center line of the improved highway leading from Williams Grove to
Trindle Road and at lands now or formerly of P.C. Myers; thence South 8 degrees 30 minutes East
for a distance of 101.8 feet by said center line to a point; thence South 69 degrees 15 minutes West
for a distance of 204.2 feet to a pin at lands now or formerly of Elmer H. Potteiger; thence North 8
degrees 30 minutes West for a distance of 105 feet by lands of same to a pin; thence North 70
degrees 15 minutes East for a distance of 204 feet by lands now or late of said Myers to a pin, the
point and place of Beginning.
The above description is according to the survey of [he premises dated March 8, 1954, made by W.
G. Rechel, Registered Surveyor.
HAVING thereon erected a brick ranch type dwelling known and numbered as6 Sinclair Road.
IMPROVEMENTS consist of a residential dwelling.
BEING PREMISES: 6 Sinclair Road, Mechanicsburg, PA 17055.
SOLD as the property of RAY LEE DIETCH and LINDA V. DIETCH.
TAX PARCEL #22-24-0783-013.
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GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.##16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
TMS MORTGAGE INC. D B A THE
MONEY STORE
4111 S. Darlington
Suite 800
Tulsa, OK 74135
Plaintiff
Va.
RAY LEE DEITCH AND LINDA V.
DEITCH (Mortgagor(s) and Record
Owner(s))
6 Sinclair Road
Mechanicburg, PA 17055
Defendant(s)
TO:
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
:ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-7578
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN
ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
RAY LEE DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
Your house at 6 Sinclair Road, Mechanicburg, PA 17055 is
scheduled to be sold at Sheriff's Sale on December 6, 2000, at
10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd
Floor, Courthouse, Carlisle, PA 17013 to enforce the court
judgment of $80,431.92 obtained by TMS MORTGAGE INC. D/B/A THE
MONEY STORE against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate
action:
1. The sale will be cancelled if you pay to TMS MORTGAGE INC.
D/B/A THE MONEY STORE, the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay
call: 215-627-1322
M
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the
sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner
you contact one, the more chance you will have of stopping the
sale. (See notice below on how to obtain an attorney).
1. If the Sheriff,s Sale l o t
sold to the highest bidder. Youmayfinddoutotheppricetbidlprice
by calling the Sheriff of Suite 800 County at (717) 240-6390.
2. You may be able to petition the Court to set aside the sale
if the bid price was grossly inadequate compared to the value of
your property.
3. The sale pays the the full amount1dueginttheusalenlTolfindeoutyif this has
Sheriff
happened,
240-6390you may call the Sheriff of Cumberland County at (717)
.
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 house. A schedule of distribution of the money bid for
your house will be filed by the Sheriff thirty (30) days from the
date of the Sheriff's Sale. This schedule will state who will be
receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10)
days after the schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of
getting your house 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.
Cumberland county Bar Association
1 Liberty Avenue, Carlisle, PA
(800) 990-9108
Legal Services Inc.
8 Irvine Row, clrlisle, PA 17013
(717) 143.9400
dill,
J._... -
GOLDBECK MCCAFFERTY & MCKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
TMS MORTGAGE INC. D/B/A THE
MONEY STORE IN THE COURT OF COMMON PLEAS
4111 S. Darlington
Suite 800 OF CUMBERLAND COUNTY
Tulsa, OK 74135
Plaintiff CIVIL ACTION - LAW
VS. :ACTION OF MORTGAGE FORECLOSURE
RAY LEE DEITCH AND LINDA V.
DEITCH (Mortgagor(s) and Record : Term
Owner(s)) No. 99-7578
6 Sinclair Road
Mechanicburg, PA 17055
Defendant(s)
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN
ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE.
TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
LINDA V. DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
Your house at 6 Sinclair Road, Mechanicburg, PA 17055 is
scheduled to be sold at Sheriff's Sale on December 6, 2000, at
10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd
Floor, Courthouse, Carlisle, PA 17013 to enforce the court
judgment of $80,431.92 obtained by TMS MORTGAGE INC. D/B/A THE
MONEY STORE against you.
To prevent this Sheriff's Sale you must take immediate
action:
1. The sale will be cancelled if you pay to TMS MORTGAGE INC.
D/B/A THE MONEY STORE, the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay
call: 215-627-1322
r
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the
sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner
you contact one, the more chance you will have of stopping the
sale. (See notice below on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid price
by calling the Sheriff of Suite 800 County at (717) 240-6390.
2. You may be able to petition the Court to set aside the sale
if the bid price was grossly inadequate compared to the value of
your property.
3. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has
happened, you may call the Sheriff of Cumberland County at (717)
240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff,
you will remain the owner of the property as if the sale never
happened.
5. You have 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.
G. You may be entitled to a share of the money which was paid
for your house. A schedule of distribution of the money bid for
your house will be filed by the Sheriff thirty (30) days from the
date of the Sheriff's Sale. This schedule will state who will be
receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10)
days after the schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of
getting your house 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.
Cumberland County Bar Association
2 Liberty Avenue, Carlisle, PA
(800) 990.9108
Legal services Inc.
8 Irvine Row, Carlisle, PA 19013
(717) 243-9400
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GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
TMS MORTGAGE INC. D B A THE MONEY
STORE
4111 S. Darlington
Suite 800
Tulsa, OK 74135
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
vs.
RAY LEE DEITCH AND LINDA V. DEITCH ACTION OF MORTGAGE FORECLOSURE
(Mortgagor(s) and Record Owner(s))
(Record Owner(s)) Term
No. 99-7578
6 Sinclair Road
Mechanicburg, PA 17055
Defendant(s)
CERTIFICATE OF SERVICE
PURSUANT TO Pa.R.C.P. 3129.2(c)(2)
Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby
certifies that service on the Defendants of the Notice of Sheriff Sale was
made by:
( X ) Personal Service by the Sheriff's Office/ (copy of
return attached).
( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal
return receipt attached).
( ) Certified mail by Sheriff's Office.
( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for
Defendant (s) of record (proof of mailing attached).
( ) Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof
of acknowledgment attached).
( ) Ordinary mail by Sheriff's office to Attorney for Defendant(s) of
record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER.
( ) Premises was posted by Sheriff's Office/competent adult (copy of
return attached).
( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return
attached).
( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original
receipt(s) for Certified Mail attached).
Pursuant to the Affidavit under Rule 3129 (copy attached), service on all
lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck,
Jr., Esquire (copies of proofs of mailing attached).
The undersigned understands that the statements herein are subject to the
penalties provided by 18 P.S. Section 4904.
e e
10 1 ), r ctf 1 ?b tt
II
G( LDBE K M CA EF(TY & cKEEVE
BY: Joseph A. Goldbeck, Jr.
Attorney for Plaintiff
P 969- 03C-736
To: '
RAY LEE DEITCH
6 Sinclair Road,
Mechanicsburg, PA 17055
SENDER: GOLDBECK MCCAFFERTY d MCKEEYER-seDCember7,2000
REFERENCE: DEITCH RAYLEE M"409
12/ 6/00 - CUMBERLAND
RETURN
To P1 W"v Fan
US Postal Service POSTMARICOR'DATE',L
Receipt for
Certified Ma
il
ry? ° l
No Insurance Coverage Provided - ?`"
Do not use for International Mail
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TMS Mortgage Inc. D/B/A The Money Store In the Court of Common Pleas of
-vs- Cumberland County, Pennsylvania
Ray Lee Deitch and Linda V. Deitch No. 1999-7578 Civil
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, says on October 13,
2000 at 2:55 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and
Description in the above entitled action upon one of the within named defendants to wit: Ray Lee Deitch
by making known unto Ray Lee Deitch at 1404 Bradley Drive B-313, Carlisle, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personally the said true and attested
copies of the same.
R. Thomas Kline, Sheriff who being duly sworn according to law says he made diligent search and
inquiry for the defendant Linda V. Deitch but was unable to locate he in his bailiwick. He therefore
returns Notice of Sheriff's Sale NOT FOUND AS TO Linda V. Deitch. Defendant is deceased.
Michael E. Barrick, Deputy Sheriff, who being duly sworn according to law, says on October 16,
2000 at 8:56 o'clock A.M. EDST he posted a copy of Real Estate Writ Notice Poster and Description on
the property of Ray Lee Deitch and Linda V. Deitch located at 6 Sinclair Road, Mechanicsburg,
Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real
Estate Writ Notice Poster and Description in the following manner: The Sheriff Mailed a notice of the
pendency of the action to one of the within named defendants to wit: Ray Lee Deitch by regular mail to
his last known address 1404 Bradley Drive B-313, Carlisle, Pa. This letter was mailed under the date of
October 17, 2000 and never returned to the Sheriffs Office.
So
R. Thomas Kline, Sheriff
By
Real Estate Deputy
GOLDBECK McCAFFERTY & MCKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.##16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
TMS MORTGAGE INC. D/B/A THE IN THE COURT OF COMMON PLEAS
MONEY STORE
4111 S. Darlington OF CUMBERLAND COUNTY
Suite 800
Tulsa, OK 74135 CIVIL ACTION - LAW
Plaintiff :ACTION OF MORTGAGE FORECLOSURE
VS. Term
No. 99-7578
RAY LEE DEITCH AND LINDA V.
DEITCH (Mortgagor(s) and Record
Owner(s))
6 Sinclair Road
Mechanicburg, PA 17055
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129
TMS MORTGAGE INC. D/B/A THE MONEY STORE, Plaintiff in the
above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire,
sets forth as of the date the praecipe for the writ of execution
was filed the following information concerning the real property
located at:
6 Sinclair Road, Mechanicburg, PA 17055
1. Name and address of Owner(s) or Reputed Owner(s) :
RAY LEE DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
LINDA V. DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
RAY LEE DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
LINDA V. DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor whose
judgment is a record lien on the property to be sold:
4. Name and address of the last recorded holder of every mortgage
of record:
5. Name and address of every other person who has any record
interest in or record lien on the property and whose interest may
be affected by the sale:
MONROE TOWNSHIP
1220 Boling Spring Road
Mechanicsburg, PA 17055
6. Name and address of every other person of whom the plaintiff
has knowledge who has any record interest in the property which
may be affected by the sale.
7. Name and address of every other person of whom the plaintiff
has knowledge who has any interest in the property which may be
affected by the sale.
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities. 1
DATED: September 7, 2000
(9UPIJBZCK MCCAFFERTY & MCKEEVE
BY: Jcjseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-07578 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TMS MORTGAGE INC ET AL
VS
DEITCH RAY LEE ET AL
HAROLD WEARY , Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
RAY LEE DEITCH the
DEFENDANT at 0009:00 HOURS, on the 22nd day of December , 1999
at 1404 BRADLEY DR B 313
CARLISLE, PA 17013 by handing to
RAY LEE DEITCH
a true and attested copy of COMPLAINT - MORT FORE together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 3.10 ?
Affidavit .00
Surcharge 8.00 R. Thomas Kline
.00
29.10 12/23/1999
CAPLAN & LUBER
Sworn and Subscribed to before By:
me this day of y Deputy Sheriff`
J-a J A.D.
-? Prothonotary
r
Ila
SHERIFF'S RETURN - NOT FOUND
CASE NO: 1999-07578 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TMS MORTGAGE INC ET AL
VS
DEITCH RAY LEE ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
DEITCH LINDA V but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOTICE
NOT FOUND as to
the within named DEFENDANT DEITCH LINDA V
DEFENDANT LINDA V. DEITCH IS DECEASED.
Sheriff's Costs: So answers:
Docketing 6.00
Service .00
Not Found Return 5.00 R. Thomas Kline
Surcharge 8.00 Sheriff of Cumberland County
.00
19.00 CAPLAN & LUBER
12/23/1999
Sworn and subscribed to before me
this /'' ?- day of '_-
??77
.z G2U A. D.
r thonotary T-
ma
Copy
Martin S. Weisberg, Esquire
I.D. No. 51520
Axel A. Shield, II, Esquire
I.D. No. 17440
CAPLAN & LUBER, LLP
40 Darby Road
Paoli, PA 19301
Telephone: 610.640-1200
Fax: 610.640.9865
TMS MORTGAGE INC., d/bla THE
MONEY STORE,
PLAINTIFF,
V.
RAY LEE DEITCH and LINDA V.
DEITCH,
DEFENDANTS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: ff - 76'7
U
CIVIL ACTION
MORTGAGE FORECLOSURE
COMPLAINT - CIVIL ACTION
NOTICE TO DEFEND
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Libery Avenue
Carlisle, PA 17013
(717) 249-3166
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AVISO
LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la
fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con
un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a Ias demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
cvntinuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir
a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda.
Usted puede perder dinero o sus edades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO
0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA
0 LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA
ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
T
Martin S. Weisberg, Esquire
I.D. No. 51520
Axel A. Shield, II, Esquire
I.D. No. 17440
CAPLAN & LUBER, LLP
40 Darby Road
Paoli, PA 19301
Telephone: 610.640-1200
Fax:610.640-9865
TMS MORTGAGE INC., d/b/a THE
MONEY STORE,
PLAINTIFF,
V.
RAY LEE DEITCH and LINDA V.
DEITCH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO:
CIVIL ACTION
MORTGAGE FORECLOSURE
DEFENDANTS.
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff TMS Mortgage Inc., d/b/a The Money Store, brings this action in mortgage
foreclosure upon the following cause of action:
1. Plaintiff, TMS Mortgage Inc., d/b/a The Money Store ("Plaintiff'), is a corporation
with a principal place of business c/o The Money Store, 4111 S. Darlington, Suite 800, Tulsa,
Oklahoma 74135.
2. The last known address of Defendants, Ray Lee Deitch and Linda V. Deitch is: 6
Sinclair Road, Mechanicsburg, Pennsylvania 17055.
3. Ray Lee Deitch and Linda V. Deitch executed a mortgage with TMS Mortgage Inc.,
d/b/a The Money Store, on December 11, 1998 (the "Mortgage"), in the amount of $67,200.00,
which Mortgage was recorded with the Recorder of Deeds of Cumberland County on December 16,
1998 in Mortgage Book 1506, Page 546. The Mortgage is a matter of public record and is
F:IDOCS11513U61.DEP2LEADIN"ONV.DOC
E?
i
I
incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage
is attached hereto and marked as Exhibit "A" and is incorporated herein by reference as though fully
set forth at length.
4. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal
successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of
the above-described assignments.
5. Each Mortgagor named in paragraph 3 above executed a note as evidence of the debt
secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached hereto and
marked as Exhibit "B" and is incorporated herein by reference as though fully set forth at length.
6. The real property which is subject to the Mortgage is generally known as 6 Sinclair
Road, Township of Monroe, Cumberland County, Mechanicsburg, Pennsylvania (the "Mortgaged
Premises"). The legal description of the Mortgaged Premises is attached hereto and marked as
Exhibit "C" and is incorporated herein by reference as though fully set forth at length.
7. The interest of each individual Defendant is as Mortgagor, Real Owner or both.
8. If any Defendant above-named is deceased, this action shall proceed against the
deceased Defendant's heirs, assigns, successors, administrators, personal representatives and / or
executors through his / her estate.
9. The Mortgage is in default because the monthly payment of principal and interest and
other charges stated below, all as authorized by the Mortgage, are due as of March 1, 1999 and have
not been paid, and upon failure to make such payments when due, the whole of the principal, together
with the charges specifically itemized below are immediately due and payable.
10. The following amounts are due as of October 26, 1999:
I
Principal of Mortgage debt due and unpaid
....... ..............
$67,173.00
Interest due and owing as of November 11, 1999
at 10.5%, $19.53 per diem ......
............. ................
5,546.52
Late Charges of $30.73 per month
assessed on the I Ith day after payment is due
..... .................
245.84
Corporate advance ........
.............
....
.................. 10.00
Attomeys'fees ...........
................. .................
900.00
Title Report .............
........ .
.........
................ 340.00
TOTAL .................................. ........
74 1 6
.....
11. Interest accrues at a per diem rate of $19.53 and late charges accrue at a m
thl
on
y rate
of $30-73 assessed on the I ith day payment is past due for each date after November 11, 1999 that
the debt remains unpaid, and Plaintiff may incur additional attorneys' fees and costs as well as other
expenses, costs and charges collectable under the Note and Mortgage.
12. Notice of Intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the
Homeowners Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seo., was mailed
to each individual Defendant via regular mail and certified mail, return receipt requested, on August
13, 1999. A true and correct copy of said notice is attached hereto and marked as Exhibit "D" and
is incorporated herein by reference as though fully set forth at length.
WHEREFORE, Plaintiff demands judgment against Defendants Ray Lee Deitch and Linda
V. Deitch, jointly and severally, for foreclosure and sale of the Mortgaged Premises in the amounts
due as set forth in paragraph 10, namely $74,215.36, plus the following amounts accruing after
November 11, 1999, to the date of judgment: interest at a per diem rate of $19.53; (ii) late
3
charges of $30.73 per month, assessed on the I Ith day payment is past due; and (iii) additional
attorneys' fees hereafter incurred and costs of suit.
Date: ACC cl
UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF
THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME
THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WELL OBTAIN
VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN
REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT
CREDITOR THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
4
rOU-23-1999 1658 CAPLP14 6 t.UBM
P.08
VERIFICATION
I Thom Moms, Senior Litigation Specialist, hereby certify that I am an agent for Plaintiff
and am authorized to make this verification on its behalf I verify that the facts and statexnenLU set
forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my
knowledge, information and belief. This Vcrifieation is made subject to the penalties of I S Pa. C.S.
§ 4904 relating to unswom falsification to authorities.
Date: - 4q
r.?mcaauueismwx.awmm+anx
Senior Litigation Specialist
TOTAL P.W
73
Parcel Number:
22.24.0783-013
After recording rerun to:
The Money Store/Packaging
P.O. Box 160128
Sacramento, CA 95816-0128
..
r,k
t;tt,;wi_:?La;O counTY
98 DEC 16 Pal 2 20
MORTGAGE
0103912242
THIS MORTGAGE ("Security Instrument") is [Wade Us Eleventh Day of December, 1998
between the Mortgagor, Ray Lee Deitch And Linda V. Deitch, Husband And Wife.
(herein "Borrower"), and the Mortgagee, TMS Mortgage Inc. , dba The Money Store
which is organized and existing under the laws of New Jersey
and whose address is 3464 El Camino Ave. #200, Sacramento,
CA 95821 (herein "Lender").
WHEREAS, Borr ower is indebted to Lender in the principal sum of Sixty-Seven Thousand, Two
Hundred and 00/100
Dollars (U.S. s 67,200.00 ) together with interest, which indebtedness is evidenced
by Borrower's note dated December 11, 1998 (the "Note"), providing for monthly
installments- of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on
January 1, 2029
TO SECURE to lender the repayment of the indebtedness evidenced by the Note, with interest thereon; extensions
and renewals of the Note; the payment of all other sums, with interest thereon, advanced in accordance with this Security
Instrument to protect the security of this Security Instrument; and.the pcrformanee•of•the covenants and agreements of
Borrower contained in this Mortgage, Borrower does hereby mortgage, grant;and convey to Lender, the following described
property located in Cumberl and County, Pennsylvania:
(SEE EXHIBIT 'A' ATTACHED)
being the same property commonly known as: 6 Sinclair Road, Mechanicsburg, PA 17055
("Property Address").
PENNSYLVANIA MORTGAGE e97091 original - Record
M002-IPA EXHIBIT
. ? A
!!i?i?l?ii?
9ood596mi ?546
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Security
Instrument. All of the foregoing, together with such property (or the leasehold estate if this Security Instrument is on a
leasehold) are called the "Property."
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower wan-ants
and covenants that Borrower will defend generally the title to the Property against all claims and demands, subject to
encumbrances of record. Borrower further warrants, represents and covenants as follows:
1. Payment or Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness
and all other charges evidenced by the Note.
2. Funds for Taxes and Insurance. If required by Lender, and subject to applicable law, Borrower shall pay to lender
on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and
assessments which may attain priority over this Security Instrument as a lien on the-Property; (b) yearly leasehold payments or
ground rents on the Property, If any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums,
if any; and (e) yearly mortgage insurance premiums, if any. These items are called "Escrow Item." Lender may, at any
time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan
may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974, as amended from
time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a.lesser amount. If
so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the
amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow items or otherwise
in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay
the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless-Lender pays Borrower interest on the Funds and applicable law permits Lender
to snake such a charge. However, Lender may require Harrower to pay a one-time charge for an independent real estate tax
reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement
is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on
the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give
to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the.purpose for
which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security
Instrument.
If the Funds held by Leader exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by
Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in
such case Borrower shall pay to Lender the amount necessary to make up the dernciendy. Borrower'shall•make up the
deficiency in no more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under Paragraph 18, Lender shall acquire or sell the Property, Lender, prior to the acquisition or
sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums
secured by this Security instrument.
3. Application of Payments. All payments of principal and interest received by Lender shall be applied as provided in
the Note. If Borrower owes Lender any late charges, or other fees or charges ("other charges"), they will be payable upon
demand of Lender. Unless prohibited by law; the application of payments may be affected by the imposition of other charges.
Therefore, payments of other charges, whether paid to Lender in addition to the monthly payment or separately, will be
applied in a manner at the absolute discretion of the Lender., Borrower agrees that Lender may apply any payment received
under Paragraphs 1 and 2, either first to amounts payable under Paragraph 1; or fast to amounts payable under Paragraph 2.
PENNSYLVANIA MORTGAGE 197091 Original - Record
M002.2PA Pp 3"17 0103912242
' BOUNi506PAGE :547
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4• Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under
any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrumentf
including Borrower's covenants to make payments when due, Borrower shall pay or cause t , i any,
o be paid all taxes, assessments and
other charges, fines and impositions attributable to the Property which may attain a priority over this security Instrument, and
leasehold payments or ground rents, if any.
5• Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against
loss by fire, hazards included within the tern "extended coverage," flood and any other hazards as Lender may require, from
time to time, and in such amount and for such periods as Lender may require.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided
that such approval shall not be unreasonably withheld. If the Borrower fails to maintain the coverage described above, Lender
may, at its option, obtain coverage to protect its rights on the Property in accordance with Paragraph 8. All insurance policies
and renewals thereof shad be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a
form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any
mortgage, deed of trust or' other security agreement with a lien which has priority over this Security. Instrument. If any
insifrdiice proceeds'are mane payable to Borrower; Borrower shall p'romptly'jray such amounts to Lender, including, without
limitation, the eadorsement to Lender of any Proceeds made by check or other draft,
Unless Lender and Borrower otherwise agree in writing, insutnce proceeds shall be applied to restoration or repair
of the Property damaged, if the restoration or repair is econonucally feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security lastrument, whether or not then due, with any excess paid to Borrower.
Unless Lender and Borrower otherwise agree.in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in Paragraphs 1 and 2 or change the amounts of the payments. if
under Paragraph 18 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting
from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
The provisions of this Paragraph 5 concerning the payment, disbursement or application of insurance proceeds shall
apply to any insurance proceeds covering the Property whether or not•(i) Lender is a named insured, (ii) the policy contains a
mortgage clause, or (iii) Lender has required Borrower to maintain the insurance. Borrower authorizes and directs any insurer
to list Lender as a loss payee on any payment of insurance proceeds upon Lender's notice to insurer of lender's interest in the
insurance proceeds.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not-made promptly by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date
notice is mailed by Leader. to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is
authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to
the sums secured by this Security Instrument.
6.- * 'Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower
shall keep the Property in good repair and shall not commit nor permit waste or impairment or deterioration of the Property.
Borrower shall not do anything affecting the Property that is in violation of any law, ordinance or government regulation
applicable to a residential property, and Borrower shall comply with the provisions of any lease if this Security Instrument is
on a leasehold. If this Security Instrument is an a unit in a condominium or a planned unit development, Borrower shall
perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned
unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents,
Unless Lender and Borrower otherwise agree in writing, all awards, payments or judgments, including interest
thereon, for any injury to or decrease in the value of the Property, received by Borrower will be used to restore the Property or
applied to the payment of sums secured by this Security Instrument, whether or not then due, with any excess paid
to Borrower. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
or postpone the due date of the monthly payments referred to in Paragraphs 1 and 2or change the amounts of the payments.
Borrower agrces.tbat in the event an award, payment or judgment includes compensation for both injury or decrease in the
value of the Property and compensation for any other injury or loss, the total amount of such award, payment orjudgment
PENNSYLVANIA MORTGAGE 197091 Origrinal - Record
M002.3PA
°p'aa17 0103912242
i
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" BOOK?5?5PACE +?
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shall be deemed compensation with respect to the Property and Borrower hereby consents to Lender's intervention into any
proceedings regarding the Property.
7. Loan Application Process. Borrower shall be in default under this Security Instrument, if Borrower, during the loan
application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with
any material information directly hearing on Lender's decision to extend credit to Borrower), in connection with the loan
evidenced by the Note.
8. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained
in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as
a proceeding in bankruptcy, probate, for condemnation, forfeiture, or to enforce laws or regulations), then fender may do and
pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may
include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying
reasonable anorneys' fees and entering on the Property to make repairs or abate nuisances. Although Lender may take action
undeT.this Paragraph 8,. Lender does not have to do so. The right of Lender to protect Lender's rights in the Property shall
include the right to obtain at Borrower's expense, property inspections, credit reports, appraisals,-opinions of value or other
expert opinions or reports, unless prohibited by law.
Any amounts disbursed by Lender under this Paragraph 8 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon demand of Lender. The Borrower's obligation
to pay the amounts advanced by Lender under this Paragraph 8 shall continue in full force and effect after the entry of any
judgment in mortgage foreclosure or a judgment on the Note.
9. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the
requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law.
10. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided
that Leader shall give Borrower notice prior to any such inspection specifying reasonable cause therefor as related to Lender's
interest in the Property.
11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of the Property, or pan thereof, or for conveyance in lieu of condemnation, ate hereby'assigned
and shall be paid to Lender, subject to the terns of any mortgage, deed of trust or other security agreement with a lien which
has priority over this Security Instrument.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums
secured by this Security Instturnent immediately before the taking, unless Borrower and Lender otherwise agree in writing, the
sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:
(a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property
immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is less than the amount of the suns secured
immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise
provides, the proceeds shall be applied to the suns secured by this Security Instrument whether or not the sums'are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to
make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is
given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or
the sums secured by this Security instrument, whether or not then due.
Unless. Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in Paragraphs I and 2 or change the amount of such payments.
BOSKI536PACE 1549
PENNSYLVANIA MORTGAGE 19709) Original - Record
M0024PA vm.<m7 0103912242
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12- Borrower Not Released; Forbearance By Lender Not a Waiver; Acceptance of Partial Payment, Extension of the
time for payment or modification of amortization of the sums secured by this Security instrument granted by Lender to
Borrower or any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original
Borrower and Borrower's successors in interest: Lender shall not be required to commence proceedibgs'against such successor
or may refuse to extend time for payment or otherwise modifyamonization of the sums secured by'this Security instrument by
reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender on
one or more occasions in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a
waiver of or preclude the later exercise of that or any other right or remedy..
Lender may accept partial payments from Borrower, without waiving or forbearing any of its rights wider this
Security Instrument or under the Note even if such payments arc notated as a payment in full, or with a notation of similar
meaning.
13. Successors and Assigns Bound; Joint and Several Liability; Signers. The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
subject t0-the provisions of Paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. Any
Bdnrotaer who signs'this Security Instrument; but does not execute the Note: (a) is signing this Sorority Imen
mortgage, grant and convey that Borrower's interest in the property to Lender under the terns of this Securi nstruty Instrumetntonly to
, (b)
is not personally liable on the Note or under this Security instrument, and (c) agrees that Lender and any other Borrower may
agree to extend, modify, forbear or make any accommodations with regard to the tears of this Security Instrument or the Note
without that Borrower's consent,
14. Notice. Except for any notice required under applicable law to be given in another manner: (a) any notice to
Borrower provided for in this Security Instrument shall be given by delivering it or by mailing such notice by first class trail
addressed to the Property Address or to such other address as Borrower may designate by notice to Lender as provided herein,
and (b) any notice to Lender shall be given by first class mail to Lender's address stated herein or to such other address as
Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Security Instrument shall be
deemed to have been given to Borrower or leader when given in the manner designated herein.
15. Governing Law; Severability. The state and local laws applicable to this Security Instrument shall be the laws of the
jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this
Security Instrument. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable
law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without
the conflicting provision, and to this end, the provisions of this Security Instrument and the Note are declared to be severable.
As used herein, "costs,' "expenses" and "attorneys' fees" include all suns to the extent not prohibited by applicable law or
limited herein,
16. Borrower's Copy. Borrower shall be furnished a copy of the Note and of this Security Instrument at the time of
execution or after recordation hereof.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it
is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) Lender'
may. at its optio, this Security Instrument. Howeversthis ptionrshall not be exercised by Lender immediate ise is prohibited by all
fesum deral Is awreas of
the date of this Security Instrument.
If Iumder exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by
this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Acceleration; Remedies. Except as provided in. Paragraph 17 hereof, upon Borrower's breach of any covenant or
agreement of Borrower in this Security Instrument, including the covenants to pay when due any sums secured by this Security
Instrument, Lender prior to acceleration shall give notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the
PENNSYLVANIA MORTGAGE ta76aildrlgrnal • -?Recod
M002-SPA
-Pye 5.17 0103912242
800815}6PACE Z50
breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from•the date the notice is mailed
Borrower, by which such breach must be cured; and (4) than failure to cure such breach on or before the date specified i the
e
notice may result In acceleration of the sums secured by this Security Instrument or foreclosure by judicial proceeding,
7be notice shall further inform Borrower of-the right to reinstate this Security Instrument after acceleration and-the
right to bring a court action or to assert in the judicial proceeding the- nonexistence of a default or any other defense of
Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice , lender, at
Lender's option may declare all of the sums secured by this Security
further demand and may foreclose this Security I Instrument to be immediately due and payable without
nstrument by judicial proceeding and any other remedies permitted by
applicable law. Lender shall be entitled to collect all expenses of foreclosure, including, but not limited to, reasonable
attorneys' fees, court costs, and costs of documentary evidence abstracts and title reports, even if the breach is toted prior to
the completion of any foreclosure. ower
agrees
the interest
rate p foreclosure, shall be the rate playable from time oatme under the judgment i entered on the Note, or in an action of mortgage
19, Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Security
Instrument due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this
Security Instrument discontinued up to one hour prior to sale of the Property if: (a) Borrower pays Lender all sums which
would be then due under this Security Instrument and the Note had no acceleration occurred; (b) Borrower cures all breaches
of any other covenants or agreements of Borrower contained in this Security Instrument; (c) Borrower pays all reasonable
attorneys' fees, trustees' fees and court costs; and (d) Borrower takes such action as Lender may reasonably require to assure
that the lien of this Security Instrument. Lender's interest in the Property and Borrower's obligation to pay the sums secured
by this Security Instrument shall continue unimpaired. Upon such payment and cure by Borrower, this Security Instrument and
the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred- This right to reinstate
shall not apply, however, in the case of acceleration pursuant to Paragraph 17
20, Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to
Lender the rents of the Property, provided that Borrower shall, prior to acceleration under
abandonment of the Property, have the right to collect and retain such rents as they become due and payable. 18 hereof or
Pb
Upon acceleration under Paragraph IS hereof or abandonment of the Property, Lender, in person, by agent or by
judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the
rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of
the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on
receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument, Lender and the
receiver shall be liable to account only for those rents actually received.
21• hazardous Substances. Borrower shall not cause or permit the r
Hazardous Substances on or in the Property. Borrower shall not do, nor, aallow anyone else to dorany or release of any ing Property that is in violation of any Environmental Law, 7bc preceding two sentences shall not apply to the re affecting the
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be presence, nouse, r or
residential uses and for maintenance of the Property. appropriate for normal
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
any any Environmene?y Law of whichtBorrowerchas actual knowledge•nlf ]Borrower learns, or isnnot fled b any g Substance or
governmental or
regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property
Borrower shalt promptly take all necessary remedial actions in accordance with Environmental Law. is necessary,
As used in this Paragraph 21, 'Hazardous Substances' are those substances defined as toxic'or hazardous substances
by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleurn.products, tdxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactiveanaterlals. Mused
in this Paragraph 21, 'Environmental Law, means federal laws and laws of the jurisdiction'whereyhe Property is located•ttliat
relate to health, safety or environmental protection.
PENNSYLVANIA MORTGAGE tams[ Original - Record 900Ka555 PAGE •i551*
M002.ePA
Pq 8047
,
0103912242
22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release the Security Instrument.
Burrower shall pay any release fees and costs of recordation unless applicable law provides otherwise.
23. Purchase Money Mortgage. If any of the debt secured by this Security Instnnnent is lent to Borrowd to acquire
title to the Property, this Security Instrutment shall be a purchase money mortgage.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument
and in any rider(s) executed by Borrower and recorded with it.
Rey Leo' Deitch 1 (?
W `/i K??•7 ` r
Borrower
TIMOTHY M. ANSTINE
(Seal) LJi (Seal)
4indaV Deitch -Borrower
(Seal)
(Seal)
-Borrower
Certificate or Residence
I do hereby certify that the correct address of
the within-named Lender is 3464 El Camino Ave. #200, Sacramento, CA 95821
Witness my hand this day of
Agent of Lender
COMMONWEALTH OF PENNSYLVANIA, Cumberland County as:
On this, the 11th day of December 1998 , before me, the undersigned officer,
personally appeared Ray Lee Deitch and Litda V -Deitch
known to me (or satisfactorily proven) to be the
person(s) whose name(s) are subscribed to the within instrument and acknowledged that they
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
?? I.,--
7idc of Officer
Notarial Seat
Karen L Burch. Notary Public
Hampden Two.. Cumberland County
MY Commission Expires Nov 24.2001
Member. Pennsylvania Association of Notaries
PENNSYLVANIA MORTGAGE 197091 Original -Record 0103912242,
M002.7PA P'a.
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soaklS?Grac¢ S52
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0103912242
NOTE
DecemberDr11, 1998
6 Sinclair Road, Mechanicsburg, PA 17055
Property Add=s
1. BORROWER'S PROMSE TO PAY
In return for a loan that I have received, I promise to pay Sixty-Seven Thousand, Two Hundred and
00/100 Dollars (U.S.S 67,200.00 )
(this amount will be called "principal"), plus interest, to the order of the Lender. The Lender is TMS Mortgage Inc. .
dba The Money Store
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note and who is entitled to receive
payments under this Note will be called the "Note Holder."
2. INTEREST
I will pay interest at an annual rate of 10.500 $
Interest will be charged on unpaid principal beginning on January 1, 1999 and will
continue until the full amount of principal has been paid. Interest shall continue to accrue at this rate after the maturity or
default of this loan, and after the entry of any judgment an this Note.
3. PAYMENTS
I will pay principal and interest by making payments each month in the sum of U.S. S 614.70
("monthly payments").
I will make my monthly payments on the Fi rst day of each month beginning on February 1,
1999
I will make monthly payments every month until I have paid all of the principal and interest and any other fees or
charges, described below, that I may owe under this Note. If, on January 1, 2029
any sum still remains unpaid, 1 will pay what I owe in full on that date. All monthly payments received by Note Holder shall
be applied first to accrued interest and the remainder, if any, to the principal.
If I owe the Note Holder any late charges, or other fees or charges ("other charges"), they will be payable upon demand
of the Note Holder. Unless prohibited by law, the application of payments may be affected by the imposition of other charges.
Therefore, payments of other charges, whether paid to the Note Holder in addition to the monthly payment or separately, will
be applied in a manner at the absolute discretion of the Note Holder, subject to applicable law.
I will make my monthly payments at P.O. Box 1058, Newark, NJ 07101-1058
or at a different address if required by the Nate Holder.
4. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any of my monthly payments by the end of 10 calendar
days after the date it is due, I will promptly pay a late charge to the Note Holder. The amount of the charge will be
5.00 % of my full monthly payment. I will pay this late charge only once on any late monthly payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be In default.
PENNSYLVANIA NOTE IAC(UARIAL) 196091 Original - File
M001.1PA Page t m a
EXHIBIT VIIIIIIII II?? ^
II?II?I?Y??I?IQIIIIIIIIIIIIIIIIIIIIIIIII?IIIIIII?IIIIIIIIIIIIIIII
[ , -
u9IM
.,
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all
the interest that I owe on that amount. That daze must be at least 30 days after the date on which the notice is delivered or
mailed to me.
(D) No Waiver by Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for
example, reasonable attorneys' fees, foreclosure fees and court costs.
(F) Check Collection Charges
If I present the Note Holder with a check, negotiable order of withdrawal, share draft or other instrument in payment
that Is returned or dishonored for any reason, I will pay a check collection charge to the Note Holder. The amount of the
charge will not be greater than U.S. S 15.00
5. THIS NOTE SECURED BY A SECURITY INSTRUMENT
In addition to the protections given to the Note Holder under this Not--, a Mortgage, Deed of Trust or Security Deed (the
"Security Instrument"), on real property (the "Property") described in the Security Instrument and dated the same date as this
Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note.
The Security Instrument describes how and under what conditions 1 may also be required to make immediate payment in full of
all amounts I owe under this Note. Some of these conditions ate as follows:
Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or
any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and
Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require
immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be
exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is delivered or mailed within which
Borrower must pay all stuns secured by this Security Instrument. If Borrower fails to pay these sums prior to
the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without
further notice or demand on Borrower.
6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE of at any
Subject to the application of payments described in Section 3, I have the right to make payments principal Y
before they are due. A prepayment of all of the unpaid principal is known as a 'full prepayment." A prepayment of only part
of the unpaid principal is known as a "partial prepayment." due date may be advanced no more
If I make a partial prepayment equal to one or more of my monthly payments, my
than one month. If I make any other partial prepayment, I must still snake each later payment as it becomes due and in the same
amount.
If the original principal amount of this loan is $50,000 or less, I may make a full prepayment or a partial prepayment
without paying any penalty. However, if the original principal amount of this Note exceeds $50,000, and, if within the first
60 months from the date of this loan, I make any prepayment(s) within any 12 month period whose total amount
exceeds 20 percent of the original principal amount of this loan, I will pay a prepayment charge equal to six months' interest on
the amount by which the total of my prepayment(s) within that 12 month period exceeds 20 percent of the original principal
amount of this loan.
7. BORROWER'S WAIVERS
I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts
due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to
obtain an official certification of nonpayment (known as "protest"). Anyone else who agrees to keep the promises made in this
Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under this Note, or who signs this Note
to transfer it to someone else, also waives these rights. These persons are known as "guarantors," "sureties' and "endorsers."
PENNSYLVANIA NOTE tACfUARIALI (9e0e) original - File
M001.2PA Pp" 2 013
0103912242
S. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail addressed to me at the Property Address described in the Security Instrument. A
notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the
Note Holder at the address stated in Section 3. A notice will be mailed to the Note Holder at a different address if I am given a
notice of that different address.
9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each of its is fully and personally obligated to pay the full amount owed and to
keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) is
also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or
against all of us together. Tbis means that any one of us may be required to pay all of the amounts owed under this Note. Any
person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises
made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as
described in Section 7 above) is also obligated to keep all of the promises made in this Note. This Note is intended by Lender
and me as a complete and exclusive statement of its terms, there being no conditions to the enforceability of this Note. This
Note may not be supplemented or modified except in a writing signed by me and the Note Holder. This Note benefits Leader,
its successors and assigns, and binds me and my heirs, personal representatives and assigns.
10. APPLICABLE LAW
This Note shall be governed by the laws of the State of Pennsylvania. If a law which applies to this loan and sets
maximum loan charges is finally interpreted so that the interest and other charges collected or to be collected in connection with
this loan exceed the permitted limits. then: (A) any such interest or other charge shall be reduced by the amount necessary to
reduce the interest or other charge to the permitted limit; and (B) any sums already collected from me which exceeded permitted
limits will he refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this
Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment.
It. BORROWER'S COPY
I hereby acknowledge receipt of a filled-in copy of this Note.
.2/
(Seal) / (Seat)
Ray Lee Deitch -Borrower Linda V Deitch Borrows
ri Lam? (Seal) (Scal)
-Borrower -Borrows
(Sign Original Note Only)
Pay to the order of:
TMS Mortgage Inc., dba The Money Store
PENNSYLVANIA NOTE [ACTUARIAL) tseoei Original - File
M001-3PA rep. 3 of 3 0103912242
Allonge
p.AY DnZTCH
6 SINCLAIR ROAD 17055
12/11/1998 0-G 67A200.00 Pay to the Order o£:
without recourse,
TMS Mortgage, Inc.dba The Money Store, a New Jersey Corporation
BY :
Michele Curtis Assistant Vice President
NOV- 2-99 TUE 12:20 FM
ARACOR Search and Abstract Services, InL
One Penn Center, 7617 J. F. K. Boulevard, Suite 305
Philadelphia, Pennsylvania 19103
(215) 496-0900
FAX (215) 496-0904
RECORD OWNER AND LIEN CERTIFICATE
Effective Date: 10/16/1999
Order Number! A36198
Client Number: 1513-261
Premises: 6 SINCLAIR ROAD, TOWNSHIP OF MONROE
CUMBERLAND COUNTY
PENNSYLVANIA
Based upon the examination of evidence in the appropriate public records, Company certifies that
the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title
hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is
assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or
omissions in a sum not to exceed Two Thousand Dollars.
DESCRIPTION
F. 2
ALL THAT CERTAIN lot or tract of land situate in the Township of Monroe, County of
Cumberland and State of Pennsylvania, more particularly hounded and described as follows, to wit:
BEGINNING at a pin at the center line of the improved highway leading from Williams Grove to
Trindle Road and at lands now or formerly of P.C. Myers; thence South 8 degrees 30 minutes East
for a distance of 101.8 feet by said center line to a point; thence South 69 degrees 15 minutes West
for a distance of 204.2 feet to a pin at lands now or formerly of Elmer H. Potteiger; thence North 8
degrees 30 minutes West for a distance of 105 feet by lands of same to a pin; thence North 70
degrees 15 minutes East for a distance of 204 feet by lands now or late of said Myers to a pin, the
point and place of Beginning.
The above description is according to the survey of the premises dated March 8, 1954, made by W.
G. Rechel, Registered Surveyor.
HAVING thereon erected a brick ranch type dwelling known and numbered as 6 Sinclair Road.
TAX PARCEL N22-24-0783-013
EXHIBIT
NO'l_ 2-99 HE 12:21 PM
ATTACHED TO AND FORMING A . ART OF RECORD OWNER AND LI CERTIFICATE P j
Order Number: A36198
Client Number: 1513-261
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Ray Lee Deitch and Linda V. Deitch, his wife, by
Deed from Linda V. Fetters, now known as Linda V. Deitch, dated 1/28/93, recorded 1/29/93, in
Deed Book 36-C, Page 801.
Subject to the encumbrances and claims as follows:
TAXES:
Receipts for Township, County and School Taxes for the years 1996 to 1998, inclusive.
Township, County and School Taxes for current year 1999.
(Payment should be verified)
Assessment $7,700.00 Tax Parcel f/22-24.0783-013
WATER AND SFWER RENTS:
Receipts for Water and Sewer Rents for the years 1996 to 1998.
Water and Sewer Rents for current year 1999.
(Payment should be verified)
MECHANICS AND MUNICIPAL CLAIMS:
1. Monroe Township vs. Ray Lee Deitch and Linda V. Deitch
#1999-05524 9/10/99 $1,011.94 Municipal Lien;
Plaintiff's Addr: 1220 Boling Springs Road, Mechanicsburg, PA 17055
MORTGAGES:
1. $67,200.00 - Ray Lee Deitch and Linda V. Deitch
To: TMS Mortgage Inc. d/b/a The Money Store
Dated: 12/11/98 Recorded: 12/16/98
Record Book 1506, Page 546
Mortgagee's Addr: 3464 El Camino Ave., 11200, Sacramento, CA
95821
2-
NO'1- •2-99, TUE 12:22 PIA
-' ATTXCHED TO AND FORMING A TART OF RECORD OWNER AND LT 'CERTIFICATE
Order Number: A36198
Client Number: 1513-261
JUDGMENTS: None
BANKRUPTCIES: None in Cumberland County
P. 4
REOUIREMENTS/EXCEPTIONS:
1. Title to that portion of the premises lying in the bed of Sinclair Road is subject to public
and private rights.
2. Subject to any and all recorded Rights, Restrictions, Casements, etc., that may appear of
record.
3. Novice required under Rule 3129 for any possible outstanding support obligations filed of
record or with the Domestic Relations section of the county.
WJM/JPM
3
Date: August 13, 1999
ACT 91 NOTICE
TAKE ACTION TO SAVE, Vn
HOME FRO
Pages.
FORECLOSURE
help to save vour home. This Notice erol"nc how the ro ram )works
when you meet with the Counselin A encv.
hearing can call (7171 780 186
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be
able to help you rind a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDTTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
FV=15I3]61AEI V LEAOINGACI:6 I.Nar
EXHIBIT
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HOMEOWNER'S NAME(S): Ray Lee Deitch and Linda V. Deitch
PROPERTY ADDRESS: 6 Sinclair Road, Mechanicsburg (Monroe Township), Cumberland
County, Pennsylvania 17055
LOAN ACCT. NO.: 103912242
ORIGINAL LENDER: TMS Mortgage, Inc., dba The Money Store
CURRENT LENDER/SERVICER:
TMS Mortgage Inc„ dba The Money Store
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
MORTGAGE PA - - vv tv'Ar'b FUTURE
YMENT
IF YOU COMPL
Y WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
ASSISTANCE ACT OF
EMERGENCY MORTGAGE A SI TIANCE•HE "ACT"), YOU MAY BE ELIGIBLE FOR
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
• IF YOU HAVE A
REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND -
i
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY F FOLOSURE--Under the Act, You are I
of foreclosure on your mortgage for thirty (30) days from the date of his Notie. During that time r
you must arrange temporary stay
g and attend a t face"
agencies listed at the end of this meeting with one of the consumer credit counseling `
is Notice. E T (30) TL-iIS MEETING MU T
X DAYS IF YOU DO NIL)'
sn C UR WITHIN THE
ASSICTeIWI PLY FnD cnrn,,... _. ___
C' HOW TO BRING Y c KE YOUR ORT "'nr M'
UR MORTGA E UP T DATE, A E DEFAULT " EXPLAINS
C
i 1: ON UMER CREDIT COUNSELING AC FtvC
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
,
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you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers
of designated consumer credit counseling agencies for the county in which the property is located
are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting.
Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons
set forth later in this Notice (see following pages for specific information about the nature of your
default.) If you have tried and are unable to resolve this problem with the lender, you have the right
to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program.
To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling agencies listed at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will
assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your
application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO, OR
IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that 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 the Pennsylvania Housing
Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE
IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT !Bring it up to date!
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property
located at:
6 Sinclair Road, Mechanicsburg (Monroe Township), Cumberland County, Pennsylvania 17055
i
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
JUN1H AMOUNT MONTH
h 1, 1999 AMOUNT
S614.70
Pte,.
1.1999
999 $614.
999 5614.
$614.
__-.. ..nasca: 6 @ $30.74
charges . $1
TOTAL AMOUNT PAST
HOW TO CURE THE DEFAULT
d --You may cure the default within THIRTY ate of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO (30) DAYS of the
WHICH IS $3,872.64 PLUS ANY MORTGAGE PAYMENTS THE LENDER,
BECOME DUE DURING THE THIRTY AND LATE CHARGES WHICH
c h cashier s check certified check or monevDrdP PERIOD. Payments must be made •th b
made na?atiie -A
The Money Store
4111 South Darlington, Suite 800, Tulsa, OK 74135
Attention: Sha Terrell
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exercise its ri its to accelerate he
mort a e debt This means that the entire outstanding balance of this debt will be considered due
immediately and you may lose the chance to pay the mortgage in monthly installments. If full
payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon our mortgaged prope
4
¦
?t .
'r?_.
IF THE MORTGAGE I FORECLOSED PON--The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have
the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Cale
You may do so by paving the total amount then past due, plus any late or other charges then due.
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs
connected with the sheriffs Sale as specified in writing by the lender and by performing any other
requirements under the mortga e. Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such
a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months
from the date of this Notice. A notice of the actual date of the Sheriffs 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 or action will be by contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: The Money Store
Address: 4111 South Darlington, Suite 800, Tulsa, OK 74135
Phone Number: 918-280-2700 or 888-791-2070
Fax Number: 918-280-2719
Contact Person: Sha Terrell, Ext. 2810
EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership
of the mortgaged property and your right to occupy it. If you continue to live in the property after
the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be
started by the lender at any time.
ASSUMPTION OF MORTGAGE--You may ? or may not 2 /(CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that
the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CUMBERLAND COUNTY
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan
Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Financial counseling services of
Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Community Action Comm of the Capital
Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Consumer Credit Counseling Aizenc
Notification To:
Date:
Name of Mortgagee:
Address:
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program
(Act 91 of 1983), we have been approached for mortgage counseling assistance by:
Name of Applicant
Address
Telephone Number
Mortgage Loan Number
Address of property on which mortgage is in default,
if different from above.
The counseling agency met with the above named applicant on
Date
who have indicated that they are more than sixty (60) days delinquent on their
mortgage and have received notification of intention to foreclose from payments
Name and Address of Mortgagee
7
In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform
you that:
1. If the delinquency cannot be resolved within the 30-day forbearance period as provided by law,
the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's
Emergency Mortgage Assistance.
2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has
indicated as also having a mortgage on the property identified above.
3. It is our understanding that the 30 day forbearance period in which we are now in ends
on
4. No legal action to enforce the mortgage may occur during this forbearance period, unless
procedural time limits were not met by the homeowner.
Name of Counseling Agency:
Signer and Title:
Telephone Number:
Address:
8
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GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
I I I S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
TMS MORTGAGE INC. D/B/A THE
MONEY STORE
4111 S. Darlington
Suite 800
Tulsa, OK 74135
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
RAY LEE DEITCH AND LINDA V.
DEITCH (Mortgagor(s) and Record Owner(s))
6 Sinclair Road
Mechanicburg, PA 17055
Defendant(s)
Term
No. 99-7578
SUGGESTION OF DEATH
It is respectfully suggested that Defendant LINDA V. DEITCH is
deceased, having departed this life on February 22, 1999. Accordingly, the title vests coley in RAY
LEE DEITCH.
BY: Joseph N Goldbeck,
Attorney for Plaintiff
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GOLDBECK MCCAFFERTY & MCKEEVER
Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
TMS MORTGAGE INC. D/B/A THE
MONEY STORE
4111 S. Darlington
Suite 800
Tulsa, OK 74135
Plaintiff
vs.
RAY LEE DEITCH AND LINDA V.
DEITCH (Mortgagor(s) and Record
Owner(s))
6 Sinclair Road
Mechanicburg, PA 17055
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
:ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-7578
Defendant (s)
CERTIFICATION AS TO THE SALE OF REAL PROPERTY
I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am
the attorney of record for the Plaintiff in this action, and I
andtthe Plcertifyaintiffthhaatsthis
complied property with l all subjecProvisionst to Act loffthe83
Act. (,
seplh A. Goldbeck; Ir
torney for Plaintiff
;,
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IN THE COURT OF COMMON PLEAS
TMS MORTGAGE INC. D/B/A THE
MONEY STORE
4111 S. Darlington
Suite 800
Tulsa, OK 74135
Plaintiff
VS.
RAY LEE DEITCH AND LINDA V.
DEITCH (Mortgagor (s) and Record
Owner(s))
6 Sinclair Road
Mechanicburg, PA 17055
Defendant(s)
OF CUMBERLAND COUNTY
Term
No. 99-7578
PRAECIPE FOR JUDGMENT
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT, ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR
THE PURPOSE OF COLLECTING THE DEBT.
Enter Judgment in favor of Plaintiff and against RAY LEE DEITCH and
LINDA V. DEITCH by default for want of an Answer.
(X) Assess damages as follows:
Debt
$ 80 431.92
Interest to 91 7/00
Total
(Assessment of Damages attached)
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNT
ALLEGED BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM
THE COMPLAINT. S
I certify that written notice of the intention to file this praecipe was
maihis or deliveredrtothe Pfran against whom
judgment is to be entered and
to attorney of , ten da s the after the default occurred and at least
y s t the date the fling of t`hisPraecipe. A copy of the
notice is attached. R.C.P. 23 237.1
oseph A:- dldbeck, Jr.
_ ttorney for Plaintiff
?- I.D. #16132
AND NOW CJ ° Q (j-L- /(
entered in favor f TMS MORTGAGE INC. D/BO/CA THE J MONEY STORE, and against
RAY LEE DEITCH and LINDA V. DEITCH by default Judgment is
damages assessed in the sum of EIGHTY THOUSAND fo
DOLLARS AND 92 CENTS ($50,431.92), as
FOUR HUNDRED
r want of anTAnswerOand
per the above certification.
C
Prothonotary
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GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
TMS MORTGAGE INC. D/B/A THE
MONEY STORE
4111 S. Darlington
Suite 800
Tulsa, OK 74135
Plaintiff
VS.
RAY LEE DEITCH AND LINDA V.
DEITCH (Mortgagor(s) and Record
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
:ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-7578
Owner(s))
6 Sinclair Road
Mechanicburg, PA 17055
Defendant(s)
ORDER FOR JUDGMENT
Please enter Judgment in favor of TMS MORTGAGE INC. D/B/A
THE MONEY STORE, and against RAY LEE DEITCH and LINDA V. DEITCH
for failure to file an Answer in the above action within (20)
days (or sixty (60) days if defendant is the United States of
America) from the date of service of the Complaint, in the sum of
EIGHTY THOUSAND FOUR HUNDRED THIRTY pNE DOLLARS AND 92 CENTS /
($80,431.92). /I /1 ./ ,, „ei ! 1
sept A. Go?dbeck, Jr
torney for Plaintiff
I hereby certify that the above names are correct and that
the precise residence address of the judgment creditor is 4111 S.
Darlington, Suite 800, Tulsa, OK 74135 and that the name(s) and
last known address(es) of the Defendant(s) is/are RAY LEE DEITCH,
6 Sinclair Road, Mechanicsburg, PA 17055; LINDA V. DEITCH, 6
Sinclair Road, Mechanicsburg, PA 1ILIDJECK 5; /
i
McC F RTY & McKEOFF
/ BY: Joseph X. Goldbeck, Jr.
Attorney for Plaintiff
ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly assess the damages in this case to be as follows:
Principal balance $ 67,173.00
Interest from through 9/ 7/00 11,425.05
Attorney's Fee at 5% of principal balance
Late Charges 583.87
Costs of Suit and Title Search 1,250.00
$ 80,431.92
Escrow Balance
$ 80,431.92
: Joseph A. Goldbeck, Jr.
=ornev for Plaintiff
AND NOW, this lt'? day of
damages are assessed as above.
1 E'er.
I
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r
VERIFICATION OF NON-MILITARY SERVICE
The undersigned, as the representative for the Plaintiff
corporation within named do hereby verify that I am authorized to
make this verification on behalf of the Plaintiff corporation and
that the facts set forth in the foregoing verification of Non-
Military Service are true and correct to the best of my knowledge,
information and belief. I understand that false statements therein
are made subject to penalties of 18 Pa. C.S. 4904 relating to
unsworn falsification to authorities.
1. That the above named Defendant, RAY LEE DEITCH, is about
unknown years of age, that Defendant's last known residence is 6
Sinclair Road, Mechanicsburg, PA 17055 and is engaged in the
unknown business located at unknown address.
2. That Defendant is 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 Action of Congress of
1940 and its Amendments. 11 /1 A
Date:
0103912242 - DEITCH,RAY LEE
BI`
VERIFICATION OF NON-MILITARY SERVICE
The undersigned, as the representative for the Plaintiff
corporation within named do hereby verify that I am authorized to
make this verification on behalf of the Plaintiff corporation and
that the facts set forth in the foregoing verification of Non-
Military Service are true and correct to the best of my knowledge,
information and belief. I understand that false statements therein
are made subject to penalties of 18 Pa. C.S. 4904 relating to
unsworn falsification to authorities.
1. That the above named Defendant, LINDA V. DEITCH, is about
unknown years of age, that Defendant's last known residence is 6
Sinclair Road, Mechanicsburg, PA 17055 and is engaged in the
unknown business located at unknown address.
2. That Defendant is 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 Action of Congress of
1940 and its Amendments.
Date:
0103912242 - DEITCH,LINDA V.
i
Richard M. Squire
I.D. No. 04267
CAPLAN & LUBER, LLP
40 Darby Road
Paoli, PA 19301
(610) 640-1200
Fax: (610) 640-9865
Attornevs for Plaintiff
TMS MORTGAGE INC., d1b/a THE
MONEY STORE,
PLAINTIFF,
V.
RAY LEE DEITCH and LINDA V.
DEITCH,
DEFENDANTS.
TO: Linda V. Deitch
6 Sinclair Road
Mechanicsburg, PA 17055
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 99-7578
CIVIL ACTION
MORTGAGEFORECLOSURE
Date: April 17, 2000
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A
JUDGMENT MAY BE ENTERED AGAINSTYOU WITHOUTA HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKETHIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
M.
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GOLDBECK MCCAFFERTY & MCKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
TMS MORTGAGE INC. D/B/A THE
MONEY STORE
4111 S. Darlington
Suite 800
Tulsa, OK 74135
Plaintiff
vs.
RAY LEE DEITCH AND LINDA V.
DEITCH (Mortgagor(s) and Record
Owner(s))
6 Sinclair Road
Mechanicburg, PA 17055
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
:ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-7578
Defendant(s)
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance in the above-captioned matter.
BY: Josep A. Goldb ek,VJrt
Attorney or Plaintiff
J
LL _
i 1 _??
1
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
TMS MORTGAGE INC. D/B/A THE
MONEY STORE
4111 S. Darlington
Suite 800
Tulsa, OK 74135
Plaintiff
VS.
RAY LEE DEITCH AND LINDA V.
DEITCH (Mortgagor(s) and Record
Owner (s) )
6 Sinclair Road
Mechanicburg, PA 17055
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
:ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-7578
AFFIDAVIT PURSIIANT TO RULE 3129
TMS MORTGAGE INC. D/B/A THE MONEY STORE, Plaintiff in the
above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire,
sets forth as of the date the praecipe for the writ of execution
was filed the following information concerning the real property
located at:
6 Sinclair Road, Mechanicburg, PA 17055
1
Name and address of Owner (s) or Reputed Owner(s):
RAY LEE DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
LINDA V. DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
2. Name and address of Defendant (s) in the judgment:
e
}
RAY LEE DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
LINDA V. DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor whose
judgment is a record lien on the property to be sold:
4. Name and address of the last recorded holder of every mortgage
of record:
5. Name and address of every other person who has any record
interest in or record lien on the property and whose interest may
be affected by the sale:
MONROE TOWNSHIP
1220 Boling Spring Road
Mechanicsburg, PA 17055
6. Name and address of every other person of whom the plaintiff
has knowledge who has any record interest in the property which
may be affected by the sale.
7. Name and address of every other person of whom the plaintiff
has knowledge who has any interest in the property which may be
affected by the sale.
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
s
subject to the penalties of IS Pa.
unsworn falsification to authoriti
DATED: September 7, 2000
BY:
S. Section 4904 relating to
LDBE& MCCAFFERTY & McKEEVE
seph A. Goldbeck, Jr., Esq.
torney for Plaintiff
".?
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4`
Martin S. Weisberg, Esquire
I.D. No. 51520
Axel A. Shield, II, Esquire
I.D. No. 17440
CAPLAN & LUBER, LLP
40 Darby Road
Paoli, PA 19301
Telephone: 610.640-1200
Fax: 610.640.9865
TMS MORTGAGE INC., d/b/a THE
MONEY STORE,
PLAINTIFF,
V.
RAY LEE DEITCH and LINDA V.
DEITCH,
DEFENDANTS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
N0: -/n'1 / / SCI 0?
CIVIL ACTION
MORTGAGE FORECLOSURE
COMPLAINT - CIVIL ACTION
NOTICE TO DEFEND
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Libery Avenue
Carlisle, PA 17013
(717) 249-3166
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la
fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con
un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir
a favor del demandante y requiere que usted cumpla con todas ]as provisiones de esta demanda.
Usted puede perder dinero o sus edades u otros derechos importances para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO
0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA
O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA
ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
,.cx:
t
Martin S. Weisberg, Esquire
I.D. No. 51520
Axel A. Shield, II, Esquire
I.D. No. 17440
CAPLAN & LUBER, LLP
40 Darby Road
Paoli, PA 19301
Telephone: 610.640-1200
Fax: 610-640-9865
TMS MORTGAGE INC., d/b/a THE
MONEY STORE,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF,
V.
RAY LEE DEITCH and LINDA V.
DEITCH,
DEFENDANTS.
NO: 99- 75rgC4V 7z-,--
CIVIL ACTION
MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, TMS Mortgage Inc., d/b/a The Money Store, brings this action in mortgage
foreclosure upon the following cause of action:
1. Plaintiff, TMS Mortgage Inc., d/b/a The Money Store ("Plaintiff'), is a corporation
with a principal place of business c/o The Money Store, 4111 S. Darlington, Suite 800, Tulsa,
Oklahoma 74135.
2. The last known address of Defendants, Ray Lee Deitch and Linda V. Deitch is: 6
Sinclair Road, Mechanicsburg, Pennsylvania 17055.
3. Ray Lee Deitch and Linda V. Deitch executed a mortgage with TMS Mortgage Inc.,
d/b/a The Money Store, on December 11, 1998 (the "Mortgage"), in the amount of $67,200.00,
which Mortgage was recorded with the Recorder of Deeds of Cumberland County on December 16,
1998 in Mortgage Book 1506, Page 546. The Mortgage is a matter of public record and is
F.\DOCSU 51 ]@61.DEnPLEADINO?Co\IP.DOC
incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage
is attached hereto and marked as Exhibit "A" and is incorporated herein by reference as though fully
set forth at length.
4. Plaintiffis, therefore, either the original Mortgagee named in the Mortgage, the legal
successor in interest to the original mortgagee, or is the present holder of the mortgage by virtue of
the above-described assignments.
5. Each Mortgagor named in paragraph 3 above executed a note as evidence of the debt
secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached hereto and
marked as Exhibit "B" and is incorporated herein by reference as though fully set forth at length.
6. The real property which is subject to the Mortgage is generally known as 6 Sinclair
Road, Township of Monroe, Cumberland County, Mechanicsburg, Pennsylvania (the "Mortgaged
Premises"). The legal description of the Mortgaged Premises is attached hereto and marked as
Exhibit "C" and is incorporated herein by reference as though fully set forth at length.
7• The interest of each individual Defendant is as Mortgagor, Real Owner or both.
8. If any Defendant above-named is deceased, this action shall proceed against the
deceased Defendant's heirs, assigns, successors, administrators, personal representatives and / or
executors through his / her estate.
9. The Mortgage is in default because the monthly payment of principal and interest and
other charges stated below, all as authorized by the Mortgage, are due as of March 1, 1999 and have
not been paid, and upon failure to make such payments when due, the whole of the principal, together
with the charges specifically itemized below are immediately due and payable.
10. The following amounts are due as of October 26, 1999:
2
., 1
r
Principal of Mortgage debt due and unpaid ..................... $67,173.00
Interest due and owing as of November 11, 1999
at 10.5%, $19.53 per diem ................................... 5,546.52
Late Charges of $30.73 per month
assessed on the 11th day after payment is due ...................... 245.84
Corporate advance ........................................... 10.00
Attorneys' fees ............................................. 900.00
Title Report ............................................... 340.00
TOTAL ............................................... $74,215.36
11. Interest accrues at a per diem rate of $19.53 and late charges accrue at a monthly rate
of $30.73 assessed on the 11th day payment is past due for each date after November 11, 1999 that
the debt remains unpaid, and Plaintiff may incur additional attorneys' fees and costs as well as other
expenses, costs and charges collectable under the Note and Mortgage.
12. Notice of Intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the
Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sea., was mailed
to each individual Defendant via regular mail and certified mail, return receipt requested, on August
13, 1999. A true and correct copy of said notice is attached hereto and marked as Exhibit "D" and
is incorporated herein by reference as though fully set forth at length.
WHEREFORE, Plaintiff demands judgment against Defendants Ray Lee Deitch and Linda
V. Deitch, jointly and severally, for foreclosure and sale of the Mortgaged Premises in the amounts
due as set forth in paragraph 10, namely $74,215.36, plus the following amounts accruing after
November 11, 1999, to the date ofjudgment: (i) interest at a per diem rate of $19.53; (ii) late
3
-Ittm-
charges of $30.73 per month, assessed on the I Ith day payment is past due; and (iii) additional
attorneys' fees hereafter incurred and costs of suit.
Date: ABC y
UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF
THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME
THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN
VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN
REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT
CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
i
NOU-23-1999 1658 CAPLAN a LUBER P.00 ?i
VERIFICATION
1, Theresa Mortis, Senior Litigation Specialist, hereby certify that I am an agent for Plaintiff
and am authorized to make this verification on its behalf. I verify that the farts and statements set
forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my
knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.
§ 4904 relating to unworn falsification to authorities.
rtle: Senior Litigation Specialist I-`•?
Date: - •?? i
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r.movnn?eixernsaouwmwnoc f
i
TOTAL P.08
111ltsw?lra?snawaaassa® _
•
11.373
98 OEC 16 PM 2 20
Parcel Number:
22-24-0783.013
After recording return to:
The Money Store/Packaging
P.U. Box 160128
Sacramento, CA 95816-0128 0103912242
MORTGAGE
THIS MORTGAGE ("Security instrument') is made this Eleventh Day of December, 1998
between the Mortgagor, Ray Lee Deitch And Linda V. Deitch, Husband And Wife.
(herein •Borrower"), and the Mortgagee, TMS Mortgage Inc. , dba The Money Store
which is organized and existing under the laws of New Jersey
and whose address is 3464 El Camino Ave. #200, Sacramento,
CA 95821 (herein "Lender").
WHEREAS, Borrower is indebted to Lender in the principal sun of Sixty-Seven Thousand, Two
Hundred and 00/100
Dollars (U.S. s 67,200.00 ) together with interest, which indebtedness is evidenced
by Borrower's note dated December 11, 1998 (the "Note"), providing for monthly
installments- of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on
January 1, 2029
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; extensions
and renewals of the Note; the payment of all other sums, with interest thereon, advanced in accordance with this Security
Instrument to protect the security of this Security Instrument; and,the perfomaance•of•the covenants and agreements of
Borrower contained in this Mortgage, Borrower does hereby mortgage, granrand convey to Lender, the following described
property located in Cumberl and County, Pennsylvania:
(SEE EXHIBIT 'A' ATTACHED)
being the same property commonly (mown as: 6 Si ncl ai r Road, Mechanicsburg, PA 17055
("Property Address").
PENNSYLVANIA MORTGAGE 1¢709r 2riginal - Record
M002-1PA • EXHIBIT 1p• 1 a'
III???II?II?I ffllllllllallllllllllllllllllllllnillllllllll
" `Ct; ?':.; •1•_t. ' ?,r?? BoOKj596?AGE ME;
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Security
instrument. All of the foregoing, together with such property (or the leasehold estate if this Security Instrument is on a
leasehold) are called the "Property." , , . .
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower warrants
and covenants that Borrower will defend generally the title to the Property against all claims and demands, subject to
encumbrances of record. Borrower further warrants, represents and covenants as follows:
1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness
and all other charges evidenced by the Note.
2, Funds for Taxes and Insurance. If required by lender, and subject to applicable law, Borrower shall pay to lender
on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and
assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or
ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums,
if any; and (e) yearly mortgage insurance premiums, if any. These items are called "Escrow Items." Lender may, at any
time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan
may require for Borrowees escrow account under the federal Real Estate Settlement Procedures Act of 1974, as amended from
time to time, 12 U.S.C. Section 2601 et seq. ("R.ESPA"), unless another law that applies to the Funds sets a.lesser amount. If
so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the
amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow items or otherwise
in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including leader, if Lender is such an institution) or in any Federal Home Loan Bank. Leader shall apply the Funds to pay
the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless-Lender pays Borrower interest on the Funds and applicable law permits Lender
to make such a charge. However, lender may require Borrower to pay a one-time charge for an independent real estate tax
reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement
is made or applicable law requires interest to be paid, leader shall not be required to pay Borrower any interest or earnings on
the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give
to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the.purpose for
which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security
Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by
Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in
such case Borrower shall pay to Lender the amount necessary to make up the deficiency, Borrower'shall•mike up the
deficiency in no more than twelve monthly payments, at Leader's sole discretion.
Upon payment in full of all sung secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under Paragraph IS, Lender shall acquire or sell the Property, Lender, prior to the acquisition or
sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums
secured by this Security Instrument.
3. Application of Payments. All payments of principal and interest received by Lender shall be applied as provided in
the Note. If Borrower owes Lender any late charges, or other fees or charges ("other charges"), they will be payable upon
demand of Lender. Unless prohibited by law; the application of payments may be affected by the imposition of other charges.
Therefore, payments of other charges, whether paid to Lender in addition to the monthly payment or separately, will be
applied in a manner at the absolute discretion of the Leader.'Borrower agrees that Lender may apply any payinent received
under Paragraphs I and 2, either first to amounts payable under Paragraph 1 or first to amounts payable under Paragraph 2.
PENNSYLVANIA MORTGAGE 197091 Original - Record
M002.2PA Pq 2 of 7 0103912242
?;s•r, L,..;+, : r Haax1506PAGE .647
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under
any mortgage, deed of trust or other security agreement with a lien which has priority over this Security instrument, if any,
including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and
other charges, fines and impositions attributable to the Property which may attain a priority over this Security Instrument, and
leasehold payments or ground rents, if any.
5. Insurance. Borrower shall keep the improvement now existing or hereafter erected on the Property insured against
loss by fire, hazards included within the tern "extended coverage," flood and any other hazards as Lander may require, from
time to time, and in such amount and for such periods as Lender may require.
7be insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided
that such approval shall not be unreasonably withheld. If the Borrower fails to maintain the coverage described above, Lender
may, at it option, obtain coverage to protect its right on the Property in accordance with Paragraph 8. All insurance policies
and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a
form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any
mortgage, deed of lost or' other security agreement with a lien which has priority over this Security. Instrument. If any
msurunice proceeds "are made piyatile to Bodower; Borruwer shall p'romptly'pay such amount to Lander, including, without
limitation, the endorsement to Lender of any proceeds made by check or other draft.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower.
Unless Larder and Borrower otherwise agree. in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payment referred to in Paragraphs I and 2 or change the amount of the payment. If
under Paragraph 18 the Property is acquired by Lander, Borrower's right to any Insurance policies and proceeds resulting
from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
The provisions of this Paragraph 5 concerning the payment, disbursement or application of insurance proceeds shall
apply to any insurance proceeds covering the Property whether or not•(i) Lender is a named insured, (ii) the policy contains a
mortgage clause, or (iii) Lender has required Borrower to maintain the insurance. Borrower authorizes and directs any insurer
to list Lender as a loss payee on any payment of insurance proceeds upon Lender's notice to insurer of Lender's interest in the
insurance proceeds.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Leader. Lender may make proof
of loss if not.made promptly by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lander within 30 days from the date
notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefit, Leader is
authorized to collect and apply the insurance proceeds ac Lender's option either to restoration or repair of the Property or to
the sums secured by this Security Instrument.
'Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower
shall keep the Property in good repair and shall not commit nor permit waste or impairment or deterioration of the Property.
Borrower shall not do anything affecting the Property that is in violation of any law, ordinance or government regulation
applicable to a residential property, and Borrower shall comply with the provisions of any lease if this Security Instrument is
on a leasehold. If this Security Instrument is on a unit in a condominium or a planned unit development, Borrower shall
perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned
unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents.
Unless Lender and Borrower otherwise agree in writing, all awards, payments or judgments, including interest
thereon, for any injury to or decrease in the value of the Property. received by Borrower will be used to restore the Property or
applied to the payment of sums secured by this Security Instrument, whether or not then due, with any excess paid
to Borrower. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
or postpone the due date of the monthly payments referred to in Paragraphs 1 and 2.or change the amount of the payment.
Bbrrowcr agrees. that in the event an award, payment or judgment includes compensation for both' injury or decrease in the
value of the Property and compensation for any other injury or loss, the total amount of such award, payment or judgment
PENNSYLVANIA MORTGAGE 1970st Original - Record
M002.3FA Pp.3d7 0103912242
• BOCKaSCJPACE ,548
shall be deemed compensation with respect to the Property and Borrower hereby consents to Lender's intervention into any
proceedings regarding the Property.
7. Loan Application Process. Borrower shall be in default under this Security Instrument, if Borrower, during the loan
application process, gave materially false or inaccurate information or statements to Leader (or failed to provide lender with
any material infomtation directly bearing on Lender's decision to extend credit to Borrower), in connection with the loan
evidenced by the Note.
8. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained
in this Security instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as
a proceeding in bankruptcy, probate, for condemnation, forfeiture, or to enforce laws or regulations), then Lender may do and
pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may
include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying
reasonable attorneys' fees and entering on the Property to make repairs or abate nuisances. Although Lender may take action
under-this Paragraph 8,. Lender does not have to do so. The right of Lender to protect Lender's rights in the Property shall
include the right to obtain at Borrower's expense, property inspections, credit reports, appraisals,-opinions of value or other
expert opinions or reports, unless prohibited by law.
Any amounts disbursed by Lender tender this Paragraph 8 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon demand of Lender. The Borrower's obligation
to pay the amounts advanced by Lender under this Paragraph 8 shall continue in full force and effect after the entry of any
judgment in mortgage foreclosure or a judgment on the Note.
9. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the
requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law.
,
10. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided
that Leader shall give Borrower notice prior to any such inspection specifying reasonable cause therefor as related to Leader's
interest in the Property.
11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of the Property, or pan thereof, or for conveyance in lieu of coadeamation, are hereby'assigned
and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which
has priority over this Security Instrument.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the taking, ludess Borrower and Lender otherwise agree in writing, the
sutras secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:
(a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market-value of the Property
immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is less than the amount of the sums secured
immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise
provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums-are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to
make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is
given, Leader is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or
the suras secured by this Security Instrument, whether or not then due.
Unless. Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in Paragraphs 1 and 2 or change the amount of such payments.
POOK1506PAGE Z49
PENNSYLVANIA MORTGAGE 197091 Original - Record
M0024PA PW4 • m 7 0103912242
12. Borrower Not Released; Forbentrance By Lender Not a Waiver; Acceptance of Partial Payment. Extension of the
time for payment or modification of amortization of the sums -secured by this Security Instrument granted by Lender to
Borrower or any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original
Borrower and Borrower's successors in interest: Lender shall not be required to commence proceedibgs against such successor
or may refuse to extend time for payment or otherwise modifyamomzuon of the sums secured by'this Security instrument by n interest
Lender reason of any demand made by the original Borrowerand hereunder, Borrower's a successors ded bapplicable law, hall not be a
one or more occasions in exercising any right or
waiver of or preclude the later exercise of that or any other right or remedy. • of its rights vatic this
Lender may accept partial payments from Borrower, without waiving or forbearing any g
Security Instrument or under the Note even if such payments ate notated as a payment in full, or with a notation of similar
meaning.
13. Successors and Assigns Bound; Jot and Several Liability; Signers. The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
subject to-the provisions of Paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. Any
B6f{6wer who signs'this Security, instrument, but does not execute the Note: (a) is signing this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Property to Lender under the tents of this Security Instrument. (b)
is not personally liable on the Note or under this Security Instrument, and (c) agrees that Lender and any other Borrower may
agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note
without that Borrower's consent.
14. Notice. Except for any notice required under applicable law to be given in another manner (a) any notice to
Borrower provided for in this Security instrument shall be given by delivering it or by mailing such notice by first class mail
addressed to the Property Address or to such other address as Borrower may designate by notice to Lender as provided herein,
and (b) any notice to leader shall be given by rust class mail to Lender's address stated herein or to such other address as
Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Security Instrument shall be
deemed to have been given to Borrower or Lender when given in the manner designated herein.
15. Governing Law; Severability. The state and local laws applicable to this Security Instrument shall be the laws of the
jurisdiction it which the Property is located. Ile foregoing
cluse of this Security Instrument or the Note conflicts withl appli ble
Security Instrument. In n the event that any provision o
law, such conflict shall not affect other provisions of this Security instrument or the Note which can be given effect without
the conflicting provision, and to this end, the provisions of this Security Instrument and the Note are declared to be severable.
As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or
limited herein.
16. Borrower's Copy. Borrower shall be furnished a copy of the Note and of this Security instrument at the time of
execution or after recordation hereof. ;
L7. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it
is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)
without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by
this Security Instrument. However, this option shall not be exercised by lender if exercise is prohibited by federal law as of
the date of this Security Instrument.
.rlf I:eader exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the due the notice is delivered or mailed within which Borrower must pay all sums secured by
this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
15. Acceleration; Remedies. Except as provided in Paragraph 17 hereof, upon Borrower's breach of any covenant or
agreement of Borrower in this Security Instrument, including the covenants to pay when due any sums secured by this Security
Instrument, lender prior to acceleration shall give notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the
PENNSYLVANIA MORTGAGE (97651 Oziglnal --Re 6rd Pq.6 of 7
0103912242
M002-SPA 000d5M PAGE Z50
:J
breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from- the date the notice is mailed to
Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the
notice may result in acceleration of the sums secured by this Security hisuument or foreclosure by judicial proceeding.
The notice shall further inform Borrower of-the right to reinstate this Security Instrument after acceleration and-the
right to bring a court action or to assert in the judicial proceeding the nonexistence of a default or any other defense of
Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender. at
Lender's option may declare all of the sums secured by this Security instrument to be immediately due and payable without
further demand and may foreclose this Security Instrument by judicial proceeding and any other remedies permitted by
applicable law. Lender shall be entitled to collect all expenses of foreclosure, including, but not limited to, reasonable
attorneys' fees, court costs, and costs of documentary evidence, abstracts and tide reports, even if the breach is cured prior to
the completion of any foreclosure.
Borrower agrees that the interest rate payable after judgment is entered on the Note, or in an action of mortgage
foreclosure, shall be the rate payable from time to time under the Note.
19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Security
Instrument due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this
Security Imutiment discontinued up to one hour prior to sale of the Property if; (a) Borrower pays Lender all sums which
would be then due under this Security Instrument and the Note had no acceleration occurred; (b) Borrower cures all breaches
of any other covenants or agreements of Borrower contained in this Security Instrument; (c) Borrower pays all reasonable
attorneys' fees, trustees' fees and court costs; and (d) Borrower takes such action as Lender may reasonably require to assure
that the lien of this Security Instrument, Lender's interest in the Property and Borrower's obligation to pay the sums secured
by this Security Instrunnnt shall continue unimpaired. Upon such payment and cure by Borrower, this Security Instrument and
the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. This right to reinstate
shall not apply, however, in the cue of acceleration pursuant to Paragraph 17.
20. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to
lender the tents of the Property, provided that Borrower shall, prior to acceleration under Paragraph 18 hereof or
abandonment of the Property, have the right to collect and retain such tents as they become due and payable.
Upon acceleration under Paragraph 18 hereof or abandonment of the Property, Lender, in person, by agent or by
judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the
rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of
the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on
receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. Lender and the
receiver shall be liable to account only for those rents actually received.
21. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of say
Hazardous Substances on or in the Property. Borrower shall not do, nor, allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law, ne preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate for normal
residential uses and for maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving , the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower teams, or is notified by any governmental or
regulatory authority, that any removal or other retnediation of any Hazardous Substance affecting the Property is necessary,
Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this Paragraph 21, "Hazardous Substances' are those substances defined as toxic'oi hazardous substances
by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroldudi.prnducts, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials.. As _ukd
in this Paragraph 21, "Environmental Law" means federal laws and laws of the jurisdiction'wheri4he Property is torated .diat
relate to health, safety or environmental protection. _
PENNSYLVANIA MORTGAGE (2709) Original - Record BOON I516PAlt A55i'
M002•6PA Pen. e 0 7 0103912242
22. Release. Upon payment of all sums secured by this Security Instrument, lender shall release the Security Instrument.
Borrower shall pay any release fees and costs of retardation unless applicable law provides otherwise.
23. Purchase Money Mortgage. If any of the debt secured by this Security instrument is lent to Borrower to acquire
title to the Property, this Security hrstrutment shall be a purchase money mortgage.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security lastrument
and in any rider(s) executed by Borrower and recorded with it.
t
:2&4&
•• -- p di"-35.L (Seal) ` (Seal)
Ray Lee Deitch `/?/,(??? B - Linda V Deitch -Borrower
WtVVz : ? °t? 97 (Seal) (Seal)
TIMOTHY M. ANSTINE Borrower -Borrower
Certificate of Residence
1. , do hereby certify that the correct address of
the within-named Under is 3464 El Camino Ave. #200, Sacramento, CA 95821
Witness my hand this
day of
Agent of Lender
COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss:
On this, the 11th day of December 1998 before me, the undersigned officer,
personally appeared Ray Lee Deitch and Linda V -Deitch
known to me (or satisfactorily proven) to be the
person(s) whose name(s) are subscribed to the within instrument and acknowledged that they
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires: _
Tide of Officer
Notarial Seal
Karen L Burch Notary Public
Hampden Twp., Cumbmlend County
My Commission Expires Nov 24.;!001
Member. Pennsywania Assa:ialian of Nola des
PENNSYLVANIA MORTGAGE (97091 orlglnal - Record
N1002.7PA Pp. 7 0l 7
..
0103912242
' gaoki57Gfaclt S52
I
_i
i1
r=
1
Mechanicsburg
I. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay Sixty-Seven Thousand, Two Hundred and
00/100
(this 00 will be called ^ Dollars (U.S. $ 67,200.00 amount dba The Money Store principal^), plus interest, to the order of the Lender. The Lender is TMS Mortgage Inc.
I understand that the Lender may transfer this Note. The Lender or anyone who tastes this Note and who is entitled to receive
payments under this Note will he called the "Note Holder."
2. INTERESr
I will pay interest at an annual rate of 10.500 9
Interest will be charged on unpaid principal beginning on January 1, 1999 and ill
continue until the full amount of principal has been paid. Interest shall continue to accrue at this rate after the maturity or
default of this loan, and after the entry of any judgment on this Note.
3. PAYN ENTS
I will pay principal and interest by making payments each month in the sum of U.S. $ 614.70
("monthly payments").
I will make my monthly payments on the Fi rst
1999 day of each tnondt beginning on February 1,
I will make monthly payments every month until i have paid all of the principal and interest and any other fees or
charges, described below, that I may owe under this Note, If, on January 1, 2029
any sum still remains unpaid, I will pay what I owe in full on that date All monthly paymeats received by Note Holder shall
be applied first to accrued interest and the remainder, if any, to the principal.
If I owe the Note Holder any late charges, or other fees or charges ("other charges^), they will be payable upon demand
of the Note Holder. Unless prohibited by law, the application of payments may be affected by the imposition of other charges.
Therefore, payments of other charges, whether paid m the Note Holder in addition to the monthly payment or separately, will
be applied in a manner at the absolute discretion of the Note Holder, subject to applicable law.
I will make my monthly payments at P.O. Box 1058, Newark. NJ 07101-1058
or at a different address if required by the Note Holder.
4. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any of my monthly payments by the end of 10 calendar
days after the date it is due, I will promptly pay a late charge to the Note Holder. The amount of the charge will be
5.00 % of my fun manthl
03) Default y payment. I will pay this late charge only once on any late monthly payment.
If I do not pay the full amount of each monthly payment on the date it is due. I will be in iWawt
PENNSYLVANIA NOTE (ACTUARIAL) moot
M001-IPA
L
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all
the interest that I owe on that amount. That daze must be at least 30 days after the date on which the notice is delivered or
mailed to me.
(D) No Waiver by Note Holder
Even if, at a time when I am in ddanlt, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for
example, reasonable attorneys' fees, foreclosure fees and court costs.
(F) Check Collection Charges
If I present the Note Holder with a check, negotiable order of withdrawal, share draft or other instrument in payment
that is returned or dishonored for any reason, I will pay a check collection charge to the Note Holder. The amount of the
charge will not be greater than U.S. $ 15.00
5. THIS NOTE SECURED BY A SECURITY INSTRUMENT
in addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the
"Security Instrument"), on real property (the 'Property") described in the Security Instrument and dated the same date as this
Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note.
The Security Instrument describes how and under what conditions I may also be required to snake immediate payment in full of
all amounts L owe under this Note. Some of these conditions are as follows:
Transfer of the Property or a Benencial Interest in Borrower. If all or any part of the Property or
any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and
Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require
immediate payment in full of all sutras secured by this Security Instrument. However, this option shall not be
exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is delivered or mailed within which
Borrower must pay all sutras secured by this Security instrument. If Borrower fails to pay these sums prior to
the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without
further notice or demand on Borrower.
6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE
Subject to the application of payments described in Section 3, I have the right to make payments of principal at any time
before they are due. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part
of the unpaid principal is known as a "partial prepayment."
If I snake a partial prepayment equal to one or more of my monthly payments, my due date may be advanced no more
than one month. If 1 make any other partial prepayment, I must still make each later payment as it becomes due and in the same
amount.
If the original principal amount of this loan is $50,000 or less, I may make a full prepayment or a partial prepayment
without paying any penalty. However, if the original principal amount of this Note exceeds $50,000, and, if within the first
60 months from the date of this loan, I make any prepayment(s) within any 12 month period whose total amount
exceeds 20 percent of the original principal amount of this loan, I will pay a prepayment charge equal to six months' interest on
the amount by which the total of my prepayment(s) within that 12 month period exceeds 20 percent of the original principal
amount of this loan.
7. BORROWER'S WAIVERS
I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts
due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to
obtain an official certification of nonpayment (known as "protest"). Anyone else who agrees to keep the promises made in this
Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under this Note, or who signs this Note
to transfer it to someone else, also waives these rights. These persons are known as "guarantors," "sureties' and "endorsers."
PENNSYLVANIA NOTE (ACTUARIAL) iseael Original - File
M001-2PA P.s. 20 a 0103912242
1
neer•iw.?® _
_.•,..
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail addressed to me at the Property Address described in the Security Instrument. A
notice will be delivered or mailed to me W. a different address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by rust class mail to the
Note Holder at the address stated in Section 3. A notice will be mailed to the Note Holder at a different address if I am given a
notice of that different address.
9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE
If more than one pcrsoa signs this Note, each of us is fully and personally obligated to pay the full amount owed and to
keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) is
also obligated to do these things. The Note Holder may enforce its rights under this Note against each of its individually or
against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. Any
person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises
made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as
described in Section 7 above) is also obligated to keep all of the promises made in this Note. This Note Is intended by Lender
and me as a complete and exclusive statement of its terms, there being no conditions to the enforceability of this Note. This
Note may not be supplemented or modified except in a writing signed by me and the Note Holder. This Note benefits Lender,
its successors and assigns, and binds me and my heirs, personal representatives and assigns.
10. APPLICABLE LAW
This Note shall be governed by the laws of the State of Pennsylvania. If a law which applies to this loan and sets
maximum loan charges is finally interpreted so that the interest and other charges collected or to be collected In connection with
this loan exceed the permitted limits, then: (A) any such interest or other charge shall be reduced by the amount necessary to
reduce the Interest or other charge to the permitted limit; and (B) any sums already collected from me which exceeded permitted
limits will he refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this
Nate or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment.
It. BORROWER'S COPY
I hereby acknowledge receipt of a filled-in copy of this Note.
Ray Lee Deitch (Seal)
-Homower
-Borrower
Pay to the order of:
I ?
(Seal)
Linda V Demeh -Borrower
(Seal)
-Borrower
(Sign Original Note Only)
TMS Mortgage Inc., dba The Money Store
By
PENNSYLVANIA NOTE (ACTUARIAL) tseoem
Mt101-3PA
Original - File
Pa 301]
0103912242
Allonge
gpy DEITC9
6 SINCLAIR POAD MECHANICSBUPGA 1-705r-
/11/1998 MECHAN_ $67,110.00
12- Pay to the Order of :
without recourse,
TMS Mortgage, Inc.dba The Money Store, a New Jersey Corporation
BY:
Michele Curtis Assistant Vice President
NOV- 2-99 TUE 12_:20 PM
ARA_ Search and Abstract Services, InL
One Penn Center, 1617 J. F. K. Boulevard, Suite 305
Philadelphia, Pennsylvania 19103
(215) 496-0900
FAX (215) 496-0904
RECORD OWNER AND LIEN CERTIFICATE
Effective Date: 10/16/1999
Order Number! A36198
Client Number: 1513-261
Premises: ROAD, TOWNSHIP OF MONROE
CUMBERLAND COUNTY
PENNSYLVANIA
P. 2
Based upon the examination of evidence in the appropriate public records, Company certifies that
the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title
hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is
assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or
omissions in a sum not to exceed Two Thousand Dollars.
DESCRIPTION
ALL THAT CERTAIN lot or tract of land situate in the Township of Monroe, County of
Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a pin at the center line of the improved highway leading from Williams Grove to
Trindle Road and at lands now or formerly of P.C. Myers; thence South 8 degrees 30 minutes East
for a distance of 101.8 feet by said center line to a point; thence South 69 degrees 15 minutes West
for a distance of 204.2 feet to a pin at lands now or formerly of Elmer H. Potteiger; thence North 8
degrees 30 minutes West for a distance of 105 feet by lands of same to a pin; thence North 70
degrees 15 minutes East for a distance of 204 feet by lands now or late of said Myers to a pin, the
point and place of Beginning.
The above description is according to the survey of the premises dated March 8, 1954, made by W.
G. Rcchel, Registered Surveyor.
HAVING thereon erected a brick ranch type dwelling known and numbered as 6 Sinclair Road.
TAX PARCEL N22-24-0783-013
EXHIBIT
2-99 TUE 12:21 PM P. 3
ATTACHED TO AND FORMING A, ART OF RECORD OWNER AND LI 'CERTIFICATE
Order Number: A36198
Client Number: 1513-261
RECORD OWNER
TITI.E TO SAID PREMISES IS VESTED IN Ray Lee Deitch and Linda V. Deitch, his wife, by
Deed from Linda V. Fetters, now known as Linda V. Deitch, dated 1/28193, recorded 1/29/93, in
Deed Bonk 36-C, Page 801.
Subject to the encumbrances and claims as follows:
TAXES:
Receipts for Township, County and School Taxes for the years 1996 to 1998, inclusive.
Township, County and School Taxes for current year 1999.
(Payment should be verified)
Assessment $7,700.00 Tax Parcel #22-24-0783-013
WATER AND SEWER RENTS:
Receipts for Water and Sewer Rents for the years 1996 to 1998.
Water and Sewer Rents for current year 1999.
(Payment should be verified)
MECHANICS AND MUNICIPAL CLAIMS:
Monroe Township vs. Ray Lee Deitch and Linda V. Deitch
#1999-05524 9/10/99 51,011.94 Municipal Lien;
Plaintiff's Addr: 1220 Boling Springs Road, Mechanicsburg, PA 17055
MORTGAGES:
$67,200.00 - Ray Lee Deitch and Linda V. Deitch
To: TMS Mortgage Inc. d/b/a The Money Store
Dated: 12/11/98 Recorded: 12/16/98
Record Book 1506, Page 546
Mortgagee's Addr: 3464 El Camino Ave., #200, Sacramento, CA
95821
2-
NO'1- 2-99. TUE 12:22 PM
P. 4
ATTACHED TO AND FORMING A A ,ART OF RECORD OWNER AND L' ' CERTIFICATE
Order Number: A36198
Client Number: 1513-261
JUDGMENTS: None
BANKRUPTCIES: None in Cumberland County
1. Title to that portion of the premises lying in the bed of Sinclair Road is subject to public
and private rights.
2. Subject to any and all recorded Rights, Restrictions, Easements, etc., that may appear of
record.
3. Notice required under Rule 3129 for any possible outstanding support obligations filed of
record or with the Domestic Relations section of the county.
WJM/JPM
- 3 -
Date: August 13, 1999
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default and the lender intends
to foreclose. Snecific information about the nature of the default is provided in the attached
pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help to save vour home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you
when you meet with the Counselin Agency.
The name. address and phone number of Consumer Credit Counseling Agencies serving vour
County are listed at the end of this Notice. If you have any questions you may call the
Pennsvlvania Housing Finance A encv toll free at 1-800-342-2397 (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be
able to help you find a lawyer.
_.LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDPTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
F.MX=15 INSI.DEMLEADINGIAMI.NDT
EXHIBIT
e
a
•.a
HOMEOWNER'S NAME(S): Ray Lee Deitch and Linda V. Deitch
PROPERTY ADDRESS: 6 Sinclair Road, Mechanicsburg (Monroe Township), Cumberland
County, Pennsylvania 17055
LOAN ACCT. NO.: 103912242
ORIGINAL LENDER: TMS Mortgage, Inc., dba The Money Store
CURRENT LENDER/SERVICER:
TMS Mortgage Inc., dba The Money Store
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH AN AVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay
of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time
you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling
agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE
NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF
THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAIN
HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-4f you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
9_1_ I
you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers
of designated consumer credit counseling agencies for the county in which the prove= is located
are set forth at the end of this Notice, it is only necessary to schedule one face-to-face meeting.
Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons
set forth later in this Notice (see following pages for specific information about the nature of your
default.) If you have tried and are unable to resolve this problem with the lender, you have the right
to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program.
To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling agencies listed at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will
assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your
application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO, OR
IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that 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 the Pennsylvania Housing
Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE
IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
have filed bankruptcy, you can still apply for
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date):
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property
located at:
6 Sinclair Road, Mechanicsburg (Monroe Township), Cumberland County, Pennsylvania 17055
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
rvwnin AMOUNT
1999 $614.
11, 1999 $614.
111999 $614.'
1.1999 $614.;
, 1999 $614.1
St 1. 1999 a,.. _
charges :
6 @ $30.74 $184.44
TOTAL APv OU
NT PAST
HOW TO (CAF THE DEFAU T-You may cure the default wi
date of this notice BY PAYING THE TOTAL thin TTY (30) DAYS of the
WHICH IS $3,872.64 PLUS ANY AMOUNT PAST DUE TO THE LENDER,
MORTGAGE
BECOME DUE D PAYMENTS AND LATE CHARGES WHICH
vents must be mart •.w t
cash cashier's check, certified check Tmona) Do derPERIODPa
The Money Store
4111 South Darlington, Suite 800, Tulsa, OK 74135
Attention: Sha Terrell
IF YOU DO T CURE THE DEFAULT--f
DAYS of the date of this Notice, the lender intends to exerc she tsfri Ihtst
immediately and you within accelerate (the
mart e debt This means that the entire outstanding balance of this debt will be considered due
may lose the chance to pay the mortgage in monthly installments. If full
Payment of the total amount past due is not made within
intends to instruct its attorneys THIRTY (30) DAYS, the lender also
to start legal action to foreclose u non our mart a ed ro e
4
I
v,
i
i
r
f ?
iF THE MORTGAGE IS FORE LO D UPON--The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period you will not be required to pay attorney's fees.
QTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have
the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs ale
)Lou may do so by paving the total amount then oast due, plus any late or other charges then due,
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs
connected with the Sheriffs ale as specified in writing by the lender and by performing any other
requirements under the mortgage. Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such
a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months
from the date of this Notice. A notice of the actual date of the Sheriffs 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 or action will be by contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: The Money Store
Address: 4111 South Darlington, Suite 800, Tulsa, OK 74135
Phone Number: 918-280-2700 or 888-791-2070
Fax Number: 918-280-2719
Contact Person: Sha Terrell, Ext. 2810
EFFECT OF SHERIFF' SALE--You should realize that a Sheriffs Sale will end your ownership
of the mortgaged property and your right to occupy it. If you continue to live in the property after
the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be
started by the lender at any time.
ASSUMPTION OF MOPTGAGE--You may ? or may not u (CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that
the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CUMBERLAND COUNTY
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan
Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
6
Financial Counseling Services of
Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
t
Community Action Comm of the Capital
Region Adams County Housing Authority
1514 Derry Street 139-143 Carlisle St
Harrisburg, PA 17104 Gettysburg, PA 17325
(717) 232-9757 (717) 334-1518
FAX (717) 234-2227 FAX (717) 334-8326
Consumer Credit Counseling Agency
Notification To:
Date:
Name of Mortgagee:
Address:
In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program
(Act 91 of 1983), we have been approached for mortgage counseling assistance by:
Name of Applicant
Address
Telephone Number
Mortgage Loan Number
Address of property on which mortgage is in default,
if different from above.
The counseling agency met with the above named applicant on
Date
who have indicated that they are more than sixty (60) days delinquent on their mortgage payments
and have received notification of intention to foreclose from
Name and Address of Mortgagee
7
In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform
you that:
1. If the delinquency cannot be resolved within the 30-day forbearance period as provided by law,
the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's
Emergency Mortgage Assistance.
2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has
indicated as also having a mortgage on the property identified above.
3. It is our understanding that the 30 day forbearance period in which we are now in ends
on
4. No legal action to enforce the mortgage may occur during this forbearance period, unless
procedural time limits were not met by the homeowner.
Name of Counseling Agency:
Signer and Title:
Telephone Number:
Address:
8
I
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C;
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VD.
H 'Q rn r/
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I : -
TMS Mortgage Inc. d/b/a The Money Store
-vs-
Ray Lee Deitch
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No.1999-7578 Civil
R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ
is returned STAYED.
Sheriff's Costs:
Docketing 30.00
Poundage 1189.51
Posting Bills 15.00
Advertising 15.00
Law Library .50
County 1.00
Levy 15.00
Postpone Sale 40.00
Surcharge 20.00
Certified mail 1.07
Mileage 8.68
Law Journal 260.75
Patriot News 180.75
Share of Bills 2115
1800.41
Sworn and subscribed to before me
This 7?6 day of 7Yt? ?w
2001, A.D. ny
rotionotary
pd by atty. 3/22/01
R. Thomas Kline, Sheriff
BY Q0
Dep ty Sheriff
''SCic,3?8Go
V .
GOLDBECK McCAFFERTY & MCKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
TMS MORTGAGE INC. D/B/A THE IN THE COURT OF COMMON PLEAS
MONEY STORE
4111 S. Darlington OF CUMBERLAND COUNTY
Suite 800
Tulsa, OK 74135 CIVIL ACTION - LAW
Plaintiff :ACTION OF MORTGAGE FORECLOSURE
VS. Term
No. 99-7578
RAY LEE DEITCH AND LINDA V.
DEITCH (Mortgagor(s) and Record
Owner(s))
6 Sinclair Road
Mechanicburg, PA 17055
Defendant (s)
AFFSDAVIT PURSUANT TO RULE 3129
TMS MORTGAGE INC. D/B/A THE MONEY STORE, Plaintiff in the
above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire,
sets forth as of the date the praecipe for the writ of execution
was filed the following information concerning the real property
located at:
6 Sinclair Road, Mechanicburg, PA 17055
1. Name and address of Owner (s) or Reputed Owner(s):
RAY LEE DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
LINDA V. DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
2. Name and address of Defendant (s) in the judgment:
RAY LEE DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
LINDA V. DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor whose
judgment is a record lien on the property to be sold:
4. Name and address of the last recorded holder of every mortgage
of record:
5. Name and address of every other person who has any record
interest in or record lien on the property and whose interest may
be affected by the sale:
MONROE TOWNSHIP
1220 Boling Spring Road
Mechanicsburg, PA 17055
6. Name and address of every other person of whom the plaintiff
has knowledge who has any record interest in the property which
may be affected by the sale.
7. Name and address of every other person of whom the plaintiff
has knowledge who has any interest in the property which may be
affected by the sale.
(attach separate sheet if more space is needed)
and co
I verify that the statements made in this affidavit are true
rrect to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
3lties of 18 Pa. C.S. Section 4904 relating to
ion to aut horitiesL J
2000
15V1LUt$ECA. MCCAFFERTY & MCKEEV#
BY: Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
GOLDBECK MCCAFFERTY & MCKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
TMS MORTGAGE INC. D B A THE
MONEY STORE IN THE COURT OF COMMON PLEAS
4111 S. Darlington
Suite 800 OF CUMBERLAND COUNTY
Tulsa, OK 74135
Plaintiff
VS.
RAY LEE DEITCH AND LINDA V.
DEITCH (Mortgagor(s) and Record
Owner(s))
6 Sinclair Road
Mechanicburg, PA 17055
Defendant(s)
CIVIL ACTION - LAW
:ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-7578
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN
ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE
TO: OF REAL PROPERTY
RAY LEE DEITCH
6 Sinclair Road
Mechanicsburg, PA 17055
Your house at 6 Sinclair Road, Mechanicburg, PA 17055 is
scheduled to be sold at Sheriff's Sale on December 6, 2000, at
10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd
Floor, Courthouse, Carlisle, PA 17013 to enforce the court
judgment of $80,431.92 obtained by TMS MORTGAGE INC. D/B/A THE
MONEY STORE against you.
To prevent this Sheriff's Sale you must take immediate
action:
1. The sale will be cancelled if you pay to TMS MORTGAGE INC.
D/B/A THE MONEY STORE, the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay
call: 215-627-1322
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2. You may be able to stop the sale by filing a petition asking
the Court to strike or open judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the
sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner
you contact one, the more chance you will have of stopping the
sale. (See notice below on how to obtain an attorney).
1. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid price
by calling the Sheriff of Suite 800 County at (717) 240-6390.
2. You may be able to petition the Court to set aside the sale
if the bid price was grossly inadequate compared to the value of
your property.
3. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has
happened, you may call the Sheriff of Cumberland County at (717)
240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff,
you will remain the owner of the property as if the sale never
happened.
5. You have 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 house. A schedule of distribution of the money bid for
your house will be filed by the Sheriff thirty (30) days from the
date of the Sheriff's Sale. This schedule will state who will be
receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10)
days after the schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of
getting your house 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.
Cumberland county Bar Association
2 Liberty Avenue, Carlisle, PA
(800) 990-9100
Legal Services Inc.
B Irvine Row, Carlisle, PA 17011
(717) 241.9400
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ALL THAT CERTAIN lot or tract of land situate in the Township of Monroe, County of
Cumberland and Slate of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a pin at the center line of the improved highway leading from Williams Grove to
Trindle Road and at lands now or formerly of P.C. Myers; thence South 8 degrees 30 minutes East
for a distance of 101.8 feet by said center line to a point; thence South 69 degrees 15 minutes West
for a distance of 204.2 feet to a pin at lands now or formerly of Elmer H. Potteiger; thence North 8
degrees 30 minutes West for a distance of 105 feet by lands of same to a pin; thence North 70
degrees 15 minutes East for a distance of 204 feet by lands now or late of said Myers to a pin, the
point and place of Beginning.
The above description is according to the survey of the premises dated March 8, 1954, made by W.
G. Rechel, Registered Surveyor.
HAVING thereon erected a brick ranch type dwelling known and numbered as 6 Sinclair Road.
IMPROVEMENTS consist of a residential dwelling.
BEING PREMISES: 6 Sinclair Road, Mechanicsburg, PA 17055.
SOLD as the property of RAY LEE DIETCH and LINDA V. DIETCH.
TAX PARCEL 1122-24-0783-013.
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. , ` . WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99-7578 CIVIL T9 _
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due _ TMs Mortgage Inc. D/B/A The Money Store
4111 S. Darlington Suite 800 Tulsa, OK 74135 PLAINTIFF(S)
'Tom Ray Lee Deitch and Linda V. Deitch
6 Sinclair Road
Mpchanicshnr PA 17n59 DEFENDANT(S)
(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/are 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 $80,431.92
Interest from through 9/7100
Atty's Comm _%
Atty Paid $120.10
Plaintiff Paid
Date: September 11, 2000
L.L. $.50
Due Prothy $1,
Other Costs
Curtis R.
Prothonotary, Civil Division
REOUESTING PARTY:
Name _ Joseph A. Goldbeck, Jr., Es
Address: Suite 500 - The Bourse Bldg
111 S. INdependence Mall East
Attorney for; Plaintiff
Telephone: 215-627-1322
Supreme Court ID No. 16132
by: S2 '0'Z
-?7 Deputy
REAL ESTATE SALE Nod
unAg . / F, 3r-"V the sheriff levied upon the defendants
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Interest in the real property situated
Cumberland County, Pa., known and numbered as:
,and more fug,, jescribed on Exhibit "A" filed with =i;u
this writ and by this reference incorporated herein.
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gate: By:
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GOLDBECK, MCCAFFERTY & MCKEEVER
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East.
Philadelphia, PA 19106
215-627-1322
BY: MICHAEL T. MCKEEVER, ESQUIRE
Attorney I.D. #56129
Attorney for Plaintiff
TMS MORTGAGE INC. D/B/A THE
MONEY STORE
4111 S. Darlington
Suite 800
Tulsa, OK 74135
vs.
RAY LEE DEITCH AND LINDA V
DEITCH (Mortgagor(s))
(Record Owner(s))
6 Sinclair Road
Mechanicburg, PA 17055
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Term
No. 99-7578
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Kindly satisfy the judgment in the above captioned matter
upon payment of your costs only.
JOSE?y A/.NOLDBEC R., ESQUIRE
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GOLDBECK, McCAFFERTY & McKEEVER
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
BY: MICHAEL T. MCKEEVER, ESQUIRE
Attorney I.D. #56129
Attorney for Plaintiff
TMS MORTGAGE INC. D/B/A THE
MONEY STORE
4111 S. Darlington
Suite 800
Tulsa, OK 74135
VS.
RAY LEE DEITCH AND LINDA V
DEITCH (Mortgagor(s))
6 Sinclair Road
Mechanicburg, PA 17055
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Term
No. 99-7578
PRAECIPE TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above case Settled, Discontinued and Ended
upon payment of your costs only
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