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HomeMy WebLinkAbout07-4465IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BUCKEYE RETIREMENT CO., L.LC., LTD. 100 North Center Street Newton Falls, OH 44444, Plaintiff, No. 07 - ~1~(05 Civil ~err~ ~, IN MORTGAGE FORECLOSURE DUVAL DRESSLER and CHERIE DRESSLER 4908 Charles Road Mechanicsburg, Cumberland County, PA 17055 Defendant. 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 FOR 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 32 S. Bedford Street Carlisle, Pennsylvania 17013 800-990-9108 By: Kevin T. Fogerty, squire Attorneys for Plaintiff, Buckeye Retirement Co., L.L.C., Ltd. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BUCKEYE RETIREMENT CO., L.L.C., LTD. 100 North Center Street Newton Falls, OH 44444, Plaintiff, v. No. IN MORTGAGE FORECLOSURE DUVAL DRESSLER and CHERIE DRESSLER 4908 Charles Road Mechanicsburg, Cumberland County, PA 17055 Defendant. COMPLAINT 1. Plaintiff, Buckeye Retirement Co., L.L.C., (hereafter "Plaintiff' or "Buckeye") is a business entity organized pursuant to the laws of the State of Ohio, having a place of business at 100 North Center Street, Newton Falls, OH 44444. 2. Defendant, Duval Dressler is an adult individual residing at 4908 Charles Road, Mechanicsburg, Cumberland County, PA 17055. 3. Defendant, Cherie Dressler is an adult individual who it is believed to reside at 4908 Charles Road, Mechanicsburg, Cumberland County, PA 17055 4. On or about February S, 1987 Defendants borrowed the sum of $13,381.36 ("Loan") from CCNB Bank, NA, n/k/a PNC Bank, National Association ("PNC"), and in connection therewith executed a Note and related Mortgage. S:kurrentkadle-buckeye retirement~Dressltt~ComplsintMF.doc 5. Attached hereto as Exhibit "A" and incorporated herein by reference is a true and correct copy of the Note and Security Agreement signed by Defendants in connection with the aforesaid Loan. 6. Attached hereto as Exhibit "B" and incorporated by reference is a true and correct copy of the Mortgage executed by the Defendants, which was recorded at the Cumberland County Recorder of Deeds Office, Book 851, Page 801, on February 9, 1987. 7. The aforesaid Note and Mortgage were assigned from PNC to The Cadle Company, as per an Assignment of Mortgage, a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference, with the original of that Assignment of Mortgage having been recorded on October 19, 2006 at the Cumberland County Recorder of Deeds Office at Book Volume 0731, Page 1566. 8. A description of the property which is the subject of this Mortgage Foreclosure action appears on Exhibit "A" to the Assignment of Mortgage attached hereto as Exhibit "C." 9. The Cadle Company assigned the within Note and Mortgage to the within Plaintiff, Buckeye, by Assignment of Mortgage executed October 16, 2006-- copy attached hereto as Exhibit "D"--, the original of which was recorded at the Cumberland County Recorder of Deeds Office on November 13, 2006, at Book Volume 0731, Page 4916. 10. Defendants are in substantial and material breach and default under the terms of the Note and Mortgage, in that they have failed to make timely payment of principal, interest and other charges as they have come due. 11. As of May 4, 2007, after giving Defendants credit for all payments and other credits to which they are entitled in connection with the aforesaid Note and Mortgage, Defendants are liable and indebted to Plaintiff in the following amounts: 2 S:kurtentkadle-buckeye rctircment~Dressler~ComplaintMF.d« Principal - $2,098.20 Interest (from ioiasi96 chrougn sioaro~>* - $2,373.98 Costs - $125.00 Attorneys' Fees - $500.00 Total Due: 09 1 *Per diem interest after May 4, 2007, continues to accrue at the rate or $.63 per day. 12. Other than the assignments/transfers referenced in Paragraphs 7 and 9 above, the Note and Mortgage on which this suit has been brought have not otherwise been transferred or assigned. 13. Judgment has not previously been entered on the aforesaid Note, Mortgage or the obligation to which they relate. 14. Based on the foregoing, particularly Defendant's breaches and defaults in connection with the Loan, and under the Note and Mortgage, Plaintiff is entitled to entry of judgment in mortgage foreclosure its favor for the full amount sought in Paragraph 11 herein, plus continuing attorneys' fees and costs of suit. 15. On or about January 22, 2007, written notices of default and intention to foreclose were given by Plaintiff to Defendants, pursuant to Act No. 6, 41 P. S. Section 101 et seq., copies of those Notices being attached hereto as Exhibit "E" and incorporated herein by reference. 16. On or about March 16, 2007, written notice pursuant to the Pennsylvania Homeowners' Emergency Mortgage Assistance Act, Act No. 91, 35 P. S. Section 16801.1 et seq., was given/provided to both Defendants, copies of those Notices being attached hereto as Exhibits "F" and incorporated herein by reference. 17. The 30-day period has passed following the sending of the Act No. 6 and Act No. 91 Notices attached to this Complaint, and Defendants have not made or undertaken any efforts to cure their defaults under the subject Note and Mortgage, nor have they sought credit counseling assistance. 3 t S:kurrcntkadle-buckeye rctircmcnt~Dressler\ComplaintMF.doc 18. Based on the foregoing, Plaintiff is entitled to entry of judgment in mortgage foreclosure in its favor and against Defendants, Duval Dressler and Cherie Dressler, in the amount of $5,097.18 as of May 4, 2007, plus continuing interest thereafter, continuing late charges, continuing attorney's fees and costs of suit. WHEREFORE, Plaintiff, Buckeye Retirement Co., L.L.C., Ltd., demands entry of judgment in mortgage foreclosure in its favor and against Defendants, Duval Dressler and Cherie Dressler, in the amount of Five Thousand Ninety-Seven Hundred and 18/100 ($5,097.18) Dollars as of May 4, 2007, plus continuing attorneys' fees, continuing interest and costs of suit, and to foreclose on the Mortgage held by Plaintiff. Date: July 23, 2007 LAW FICES OF VIN T. FOGERTY By: Kevin T. Fogerty, uir Attorneys for Plai uckeye Retirement Co., L.L.C., Ltd. Mill Run Office Center 1275 Glenlivet Drive, Suite 150 Allentown, PA 18106 610-366-0950 Fax: 610-366-0955 E-Mail - kfogerty~a~fogertylaw.com PA Supreme Court I.D. No. 36667 4 VERIFICATION I, Shawn Brickle, do hereby state and verify that I an a duly authorized agent and representative of Plaintiff, Buckeye Retirement Co., L.L.C., Ltd.; that I am authorized to take this Verification on behalf of that company; that I have read the foregoing Complaint; and that the facts and information alleged therein are true and correct, partly upon personal knowledge, the remainder upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswnrn falsification to authorities. (~ ~ Date: May , ~, 2007 _~ awn Brickle EXHIBIT A ~. ~ ~_... S_.._, udZ ~~ rr O . tltageriM IIIIp6tY111 of Anwaal iauaae '____ . 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NI IIY MMM II~~~tAY~li14'l~N>1AYM~1 rn 1ht AraR+M Ir t .t~raiI:iMUertiystMSlMieMewe.Al.«MMabrar.whllawY~..N+.rw.R.ecFilrfltE.Yori..r,ryinaA+~.oce.a letsi ielghemst, antaaa-pttuhy «reeaiw.. .r1iR:,1t errtarr is (ae ~fotll't wxmott dtae etute>ttllt M011F AY~+I~C~f~r sb:l~hw.ae L'LIrM seaeiet- oiy d nrrerpl i~ ~arw~iMS e! i~ FN~Ira in >ait Nate, rw aad eN Mlt ~~ rMi4 «IM Meietrer ~ Mart Aiworat f'inmote. tltt faiaaoe away C'att*tt~lAeltoateF af.mlyltM.Ntl~etetsrwwe.a ae ie~ tella+rtnt v orooa+r. ~ni it- aw+P~ ~ eAeb ~lltiMr. if lilt ~1~Nr.irt~ irt~p ila~a ~ort'f~He due lr -' -. ~ ~ ~ W ~ortt Yrlrs d tot •iMIMrItNM. tf lrsr ~'.rlX. IM FawKs talet,rrtetelMeat..~ irMewn.„vfiarllteCarratsnAae 'T ,R ~ dIM 1rR111Mt+)Ilt ~li~fs+~YM+11MM niilliMt a Mfittt ib awYN arwwnt tAeo Ma 3 ' liT~OMp? 111t ter ~It:6t~s of ;Ki.tlf M Mq d ywr ptepetty M oat paeeeeetwMtreptiaet.~ ~IyatiraaitM~.111it~thn.~yewNluN. .~ M ~ Mal~f r1I fMf!~ t)te~ a~ ~ Of tatr paeDetty N OYI Per. IYY~It~/aattelMee. tstElfYlMt1R-M owe ate tike NNY, ~:r~~~~ YlMrtei iuealfw. pets. ranee ~aucaaom.' trleee a the penatW ty.GIG10A1@q/RM~1'i#MYeMI ~ .itut+quieid awuatlbaddamsEe ,a. +1iF trMf+iwa.: • a IwMnN tai Maw11~M. ~~~ . . r /r1t01/~1Y Mlt N dliit #tatt it ileetew~d, iatrraaat a fa+mt A4lhies- ' ali1~' iatN: Nek+r "Ctletettl "Oar t~11 aRi ~~ to the CeRtMMt1tt11grleer'iartat fw tatty of tae rleta paeaeNplai~YttyCollNenlluetroviOM iataif ..* ~~i~l~dt~~fiaro~tp~`t~ereneddrl~Yrri~tsinsatrrerl pLOODINiURA1MCE~ IRBIIts?Y~URAtrC[NiAYf~tiBt+~it~Et1 _ ' ,Iite celieeWeee iA lat. T~1~tftJEiN AP1Y 1~ tlRtykl~ (IR bTllteR 1~E1130tt OF Y04 R . itltiCOlfALPR~1iNC~IbEM71F1£DARt)Yk.TNIS L'NOICE.9eeiawnaoairl/RriErpY2JoftaaSetutkyAjetettsatnntherevere t.. ~. ~•~ . y , ;~ AtBT MLQ(JI~'i: Cradil iaMttaaee u awilaak tluonNt M fi+eal tie aedetera ~e1UMA Saioar tar the lean of glut Wore. No credre . ~ebeliwlatAlltrtfk caAeiaaaNlf6afaw are arhded 1e tar Aaeoane FMtiaMd. Only tas eahp«~~birRfareraeh iaarragrt belor~ wiM ne iatured !;4dr t'!g•~ltottifsEt?CltiDrt. t!YSVItANCE aN tae revere ei4r.t :fie itMlw i.Yreat tife Lwinnee. /tr si~trir. you aval I:rceit Aeri/an.! Naas f! t4bMU. t~ wala loir>t Cteeh Life ! navrfapr. ~ i . . ~_~ ~~- ~~~~~~~~~ rt Itlu a~wiWtIYYft7~ 8orrorner '~'~tr;~? ~ .~ Yesit 61KM ie >~ aprt Ycars ~-y~;lr,~+~',CNSWREJ#:. ~~_ ~ ~ ~fI1111A'1Ct t71ie11N1-, uen VIII, Riuebetat 11rw1 ~! ~ ; "' THE AtfDITIONA#.1 ERItIS ANpSEC11R1TY AGRCEalEKT i'iN 1116 REVERSE 5141'E AttE FART OF Tint NOTE 0Y 41t:NING aEi:t3W; YOI! INTENp TO •E LE{iAI.LY bUi1D#Y ALL OF 1'1~ TERMS OF TN1S rO"fE. +~~ Yt1t! AI,EO ACkltOWLEt)EiE R~CliV1Nt3 A Ct)w1FLlETlb COPY i!F TH1S Nt1TB. ~;.. ~ -~-- _. ~ _ ~nct to c~o.~cN~e '~`dii.i111+! +M~'t~ ~1li! 1~i tIt1M. TbWil !Rtl~ MltXiin~ 70y1 tb. N6~~NIMM'~bWM'1 ¢Ry Slit dsbl, you wtM 11sve to. io pi~y.if fitilst tr;. tpwl tlrit ~ v~e~ w tildnMl tiiir YIIMt Wive a 1a ~l IhAl:~lroufit dt11~ tip ~~ ~ ~ 1~ M~ YeiirllR~ irlra pve eo play tits t't~ tit eolketlotl ttilit~ +i rt~w~l+irt~ifilrtr~lll. .1Gk,.. w...a:.hals.. ...iY-~...a.e.y`.4yY..,..,a~..._~....nr~a.~~wu aa..Irr sr r.rN~.rl4itwr afar ~-' ...-.-_ 'e'ti~~f^r.tl~w...r~.... ai........_ ~.ia. _.t~_. on tlle~att Ill< 1L7 In t } ayttlCnt,Ctlf~uiC a11d On lbe MfM QYy O~laCl) ~OltOr111~ 7nt~lh tlbtl`MR t/! ~pt~d 1r1 ~I. ~UY RYY piY,~ diva nLC i1) ~r4ttile Mlrtrts dre a aey time. wuhaut penaley or prtwiun. '7!AiG'AIZ7-T: A, security for tttc prompt peymrot a[ the suact ywe HOLY /M1CRi'fi1'RS CMARC6D: The Firtanoe C'ltrge consists only ut +nrergt lMtt#II~Ap !ra'Osts pttiorgNaee of your prom+scs to thin Note, you and eU the iasprtetd dit+ily on the ott(NapdigE bolrttee of the Atttotmt Financed. 1 he F'Inance ~O!Q~Itffi' ~M btb. pray us ChsrBr shown aDoe twat tywed by aMrmiod that aU paymcau were retx,ved on tA; aalAgprity irrltreat In ebe loflotving pcrxinsl property. sn0 its nquipmtnt and their due beet- !tarty paytatot is 4te, yon tmnr ply more F'insna Charge Ihan is ehuwr kctatree of the tdtiitioaaf intetttif ralpored. I! you pay nr1y. the Finance Cirree wi0 be be. Tbctltrsewtte/tlteiacseate ordesrauc in Finnu CRargr wQl he , i. dare sritb 11c lot payment, tchrcat viU be atousGW w aelkn ahe nerve! •naoual then 4ue. ~ SET-0FF: The law yvtn w a nDtt of fd-0![ in any of ytrw property In our ~ peaeseroaat wy sitae, iad.aioR6ePosuaocauala. This mntle tlttr, Jyou default, 7, we ttuy estrese orr tiMltt of ap.df atd apFiy any of your property in our Pte. iotludiy dtptisit aooowNa to the twine you owe oa thu Nou. K , ilNettn. utelgdea pate. Called "sottyawns." Ilddgl to the personal F/.00~/MS1tR.4lNC~Utdrechod ©,inruraaeeitrettuiredegalttsttbuddartuae ;'~ j~N~iatirlsttlmt• / t0 ttnpr+ttad atal}tolerq CgtatNa~ t~ •MMt~t.rrptn ~lC~ __..~ /'sn~Unr />KSt/ {~ _ R•ialMC,1<: tt fAw Nat i savrcd, inwraaac apical pby~s+af Iaet-itr Ihii Note is plied t "Colyural."Our nRMa} at10 daattyr to the Co6atesa(it ttrgrircd for the fap urar of the Marc SMiK1MMa tteptt~aay ptrtousl property Cotlsecnl are providedw this ~~~°, rMigb coetit/ltes on the rcresce side. Our ngMs in nay real F'1.OODlNSURAKCE AKDPROPERTY INSURANCE hlAY BF UBTAINEp atrcortaistNtistehelNgrtptge. THROUGH AKY .A(iE!'IT, BRIER OR OTHER PERSON OF YOLR R#R -lR3pKAL PROPERTY IS IpEKTIFIfD ABOVE. THIS CHOICE Stetlrt+ttsaocteirNrr~apb2.JedtheSesuMyAireerrteaonehr/rverx ;, tip!lE~r tJ1ViAC1lRED. ~. iSW1/Ri#A-CJ~ /4NOT IRiQ/JIRIlY): Credit irtertratsee is available throtreh w from tle (awaaotCaee}Wy orstti below fur the term o(thls Note. No credo :. , ~~~tRlhaPto:Yi4pd trnlpe ellr eau sbotyrt bsbw art ttteltlded ip the Araoual Finatlotd. 01-ty the Rorrorlq(gaip-iuS lotcredit utwnttce below will he imured t!Cee ~~ NOtItC~OFi'RdPO$EdCMED1TINSUNANCEonthemanest+k.l GI. , yaie wM Cttdit irft iwnaa, . By , You warp Ctadn Atxidertt i iteahh ~ t ~ you wsat Joint Credit Life tn.uraatc. ~` taw«-a~tt/Ice. which t:oets S--l.~[ c i ~fFi~~~d _ . r ._ ute MY wcr ~'.tne~~ _. . ~~~~y,~~ • Si/eu noosed Botro+ver 7i1~.w~EtltaErT ~. ,. Yarn Rfbat fs ytsrraRt? ... Yvan ~tAA/l0~lNSttRER: COtNYlllei the fewnrlr(at t70t1/Atlt, W Ile!, ttretrrhwa q11( ~, THE ADt>!lTloNr•t. 7 LRME ANp SBCIiRIT1f AGR$LMENT OK Tt1E RBVEifSElltfE ARp BART OR THIS NOTE 1Y At(;N(KO' BEtOW, YOU INTENb TO #E LEtiA1.1.Y tr0!!MD BY ALL M!.TIiE!! 1ER9NS OF THIS !VOTE. YttU.A1.50 ACKNOWI.EIXiE REC$iV1NG A COM-LETElyCpP'Y CfP7Nt$'NClTE. ~+ f~ . ~-- ~.. ntr _. _ _ ~......_ ~ .. -.r..._~._ a .,... .__.. N077CE Ti/ Cr<!•BICNF.t Port Bee arkM to ~rBalee tMs (iebt. '11NN1t M/ert ww tM. UtMe 'etc ~Iwerp'11M~'tlte debt, you clip tuvs to. r,'. ~ M'1Mwtliti~:roia~i to Rdt' if j!o111htve to. rNd Nplt r~ MiMI N fit 1FNii ti tatMe~ tiff! t>rnpn(et of the t~eih lrtlit.>lalrroe/ertfate sail~l~ ~ BMo lulre to pay late 6ree m coNeefion , Ittr~-~~w't tiBwogl t~tRelNrt~tl~It~IdtFlt~o(Ityou~rMMoullHsilitrla(+oiler;ttttRtuiMlMl}11+i~e.'the:Cl~ldq~wr:etl(1(tlrs1krtlr(~ecollecti~t ilt7ii etas be'iered spdaal tNe tonowar. ~I-fWrt~ irrw, ete. tlit~I~~IA~e,M+>rtee W itNwtlltatat filet nwy brca(nrat Ir~eord. Cd3lA"rJi-~'SS(1J~Et'Y ~ft;.REE'MF.H 7'~You. Ux penontor pereoasitiEtlini~'Co-~r" ~~• (o pry(eut w to our wdcr rt-c amours Fvnaaccd, ptu, ~IUrii dI1F etMu'elttiraes, ac prnttidld ie this Nols. Yau inrettd to bt 3gaMy bound by all t!r tnlw of thb Hale. feDMrilbtly and InhetfKr, with the litlsrnrves. Yau are fti-~IVrNitr to.iuduee us to Itlrke tfic loan ro the lbnowa,sve»tbouSb the pra~aeedt wiB 1+t wg1 p(tlir fa the rorralhrr9 brtheftt. Youyree tfat we ma y .rote tiN~111iWlb }hyeleet from you tvitboW tmhine any prior denund for pryment upon the iosrotser. YoY abo letewwlfdhe rcoeirina a completed copy of this Vote- _... ..~.-.r,....~.._ .~. ~` 1 ~s.~prture ~ pale .._-- i ~.,. .. -..~_.-:.r._...~.....~~ .~.. tt~ --- ~~- - ~ 111 SfCi1R/TY XGR4'EAIENT You. flit person apnini a '+Ctr~OMtttr• btletu. to~tAet w&Ijr tie ta~rrocret pr ahenvite bnrt~ all of the awnen of the x mil ttt;teen-aty inrartet to elk Collatt:nFideniifled ttwve. (t gm Coffrlbrbf ertriea d jeeionll-'ryr, ywu.thrac to be bound by the terrnc of ills tiecurity ~+ ill fhb'Note: Uttic CaYitentedarit/sof msl propsAy.ypuaRreeu-bthowMthythe ter~liteftiiitYiotyYEe. Youtre~abtineus Uus,ccunty inecreet su ue~miir fire bap to the UottOM~ccrt>t1 tOllCaR Ihc' payteeetn byillt Bttcrortrr Of all arlstlne tttrttbt'Ihh Nate. lf, tl~Oel dktilYlt and cafe n1 the COILtcral. there ,~~~ MI! eptil piB are, tin the Note, you will Iw be obFptel to pry w tMt woo. w tHte ~+NS a4~C[fctit'Mtsa ~rt+t Il f - IvC EXHIBIT B MORTGAGE THIS•MORTGAGE made this ~'~1 day of February , 1987 between __ _-.______ DtiVal DT'eSS1P~i3riC1 C'hF+~ i~r+esGl Pr __ _ _ ___ __ . - ___ (hereinafter whether one or more called "Mortgagor") and ~~~ ~ (hereinafter called "Mortgagee"); In consideration for and to secure payment to Mortgagee by Mortgagor of a loan and any interest and costs due thereon evidenced by a Note dated February S , 19 87 , with a Total of Payments/Principal Balance plus Interest (strike inapplicable provision), of $ 13, x$1.38 (and/or any modification, refinancing or extension thereof and any other note or other agreement which may be substituted therefor, any or all of which are hereinafter called"Note")and performance of all conditions, covenants and obligations contained herein and in the Note and any other loans or other obligations of Mortgagor to Mortgagee now existing or hereafter incurred, the Mortgagor does by these presents grant, bargain, sell, convey and mortgage unto the Mortgagee, ALL the following described real estate situate in the (City/Township/Borough) of ~~p~ ~ • County of Ctanberland ,Commonwealth of Pennsylvania (hereinafter called "Premises") known and designated as 4908 Charles ROdClr MeehaniCSburg~_ __ _,__ __ __ pennsylvania, conveyed to the Mortgagor by Deed dated Street AcWrcss December 27 , 19 79 ,duly recorded in the office for the Recording of Deeds in said County in Deed Book No. W 28 ,Page 27~ as the Premises are therein described, and, if necessary, as more particularly described as follows or on the reverse side hereof. TOGETHER with all the buildings and improvements thereon and additions and alterations thereto, including all alleys, passageways, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or appertaining. TO HAVE AND TO HOLD the Premises hereby granted and conveyed unto Mortgagee, to and for the use and behoof of Mortgagee, its successors and assigns, forever. THIS MORTGAGE IS MADE subject to the following conditions, covenants and obligations: a. All payments on the Note will be made when due, including payments due by acceleration of maturity, and all other conditions, convenants and obligations as required or provided herein, in the Note, or in any other obligation of Mortgagor to Mortgagee, will be performed; and b. Mortgagor covenants and warrants that Mortgagor has fee simple title to the Premises and the right to mortgage the Premises; and c. Mortgagor will pay when due all taxes and assessments and other governmental charges, including electricity, water and sewer rents levied or assessed against the Premises or any part thereof, and will deliver receipts therefor to the Mortgagee upon request, and shall pay when due all amounts secured by any prior lien on the Premises; and d. Mortgagor will keep the Premises insured against fire and such o-her hazards in such amount or amounts as may be required by the Mortgagee and the policies and renewals evidencing such insurance shall have attached thereto a loss payable clause(s) in form acceptable to the Mortgagee; and e. Mortgagor will neither sell, assign or transfer any or all of the Premises or any interest therein nor commit nor suffer any waste, impairment or deterioration of the Premises and will maintain the same in good order and repair; and f. In the event of any default in the making of any payment due and payable under the Note, or in the keeping and performance of any of the con- ditions, covenants and obligntions contained herein or in the Note, or in any other obligation of Mortgagor to Mortgagee, Mortgagee may, upon timely notice to Mortgagor if required by law, (i) forthwith bring an action of mortgage foreclosure hereon, or institute other foreclosure proceedings upon this Mortgage, and may proceed to judgment and execution to recover the balance due on the Note and any other sums that may be due thereunder, including attorneys' fees, costs of suit and costs of sale to the extent, if any, provided in the Note, and (ii) enter into possession of Premises, with or without legal action, lease the same, collect all rents and profits therefrom and, after deducting all costs of collection and administration expense, apply the net rents and profits to the payment of taxes and other necessary maintenance and operation costs (including agents' fees and attorneys' fees) or on account of the Note, in such order and amounts as Mortgagee in Mortgagee's sole discretion may elect and Mortgagee shall be liable to account only for rents and prof- its actually received by Mortgagee; and g. Mortgagor hereby waives and releases all benefit and relief from any and all appraisement, stay and exemption laws now in force or hereafter passed, either for the benefit or relief of Mortgagor, or limiting the balance due to a sum not in excess of the amount actually paid by the purchaser of the Premises at a sale thereof in any judicial proceedings upon this Mortgage, or exempting the Premises or any other property, real or personal, or any part of the proceeds of sale thereof, from attachment, levy or sale under execution, or providing for any stay of execution or other process; and h. In the event of any default as aforesaid, Mortgagor does hereby authorize and empower any attorney of any court of common pleas of any county of the Commonwealth of Pennsylvania, or of any other court there or elsewhere, as attorney for Mortgagor, as well as all persons claiming under, by or ti~rough Mortgagor, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the premises mortgaged herein, together with hereditaments and appurtenances, as well as all fixtures, appliances and equipment of any nature whatsoever, now or hereafter installed upon or in said mortgaged property without any stay of execution or appeal, against said Mortgagor, as well as all persons claiming under, by or through Mortgagor and therein confess judgment for the recovery by ttte Mortgagee of the possession of the said mortgaged premises together with the hereditaments and appurtenances, as well as all fixtures, appliances and equipment of any nature whatsoever now or hereafter installed upon or in said mortgaged property, for which this indenture shall be a sufficient warrant; :tnd a writ of possession may he issued forthwith, without any prior writ or pro- ceeding whatsoever, Mortgagor hereby releasing and agreeing to release the Mortgagee from all errors and defects whatsoever in entering such action m.ci or judgment and causing such writ or ~.vrits to b•~ issued, that ;rny ,~rccr~:d:ng , her .gin ~~r ccna:rning the :,.ure and hereby agreeing that no writ or error objeccian shall be made or taken thereto. BUT ALWAYS PROVIDED, nevertheless, that if this Mortgage and the debts hereby secured are paid in full in the manner provided in the Note, then this mortgage and the estate hereby granted ;;hall cease and determine and become ~-oid, xnythmg herein to the contrary notwithstanding. The covenants •r7c! conditions herein contained shall bind and the bcrrlits 4nd :;dv;:nr.;tges shall inure to the r~;spective heirs, executors, administrators, ec•_cs~or~., and assigns of the parties hereto. Whenever used, the singular nwnber :,h~i!! r.clude the plural, -.he plural the singular and the use of any gender r.ltalt be applicable to all genders. Pa}'~nent of this Mortgage ir.:,ub;~~~~r. ;.~, n.; ~~~n:~s n>d c~~nditiuns ~.I ,1,,; i~!~~~r .. r,r.;~l ~•; ~h,r ~. 1rN `NITNFSS WHEREOF the `Iongag~~r has hereunto set hand :,;id teal :he day and y.;nr iirst.abo•-? ~~ntten. - . ~ ~~: a,e~;> , 1d.;S ~ :'.le5o ~'j"r . ." ,"her_i~ Dressl.~r DESCRIPTION OF PREMISES (Insert specific description of Premises, if necessary. ALL THAT CERTAIN lot or tract of land situate in HalltpdP-n Township, Cumberland County, Pennsylvania, mare particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of the curvature of Charles Road, said point being by same measured in a southerasterly direction a distance of 545.17 fF~et f.rcxn thF south~,~e,,t-~:rr~ cc~rrzc~z c:~f ('h~.r? E=:; Road are( DF~].bYrak F~k;c]; thence continuing ?long said southern line measured in an easterly direction on a curve to the left having a radius of 93.53 feet an arc distance of 45.0 feet tro a hub; thence South 6 degrees 21 minutes west along the line of adjoiner between Lots Nos. 22 and 23 on the hereinafter mentioned =_~_~ Plan of Lots a distance of 135.09 feet to a hub; thence south 75 degrees 26 minutes west along the northern line of lands now or late of Elmer G. Heiges a distance of 159.67 feet to a hub; thence north 34 degrees east along the line of adjoiner between Lots Nos. 21 and 22 on said Plan a distance of 228.72 feet to a hub on the southern line of the curvature of Charles Road, the point and place of BEGIl~iNING. RFTNf; Tnt 1~Tfl_ ?~, BloC!t "R", Plan rk?. 1 of )mil-Rr~k Manor a.g .r.~or~c~l i_n the c'inmlat~r]and County Recorder's Office in Plan Book 6, Page 42. HAVIlVG ERECTID THERON a one and one-half story frame dwelling house known and niunbered as 4908 Charles Road. BEING the. same premises which Robert S. Rhone and Georgina M. Rone, his wife, by Deed dated September 29, 1976, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 26, Page 95, granted and conveyed unto Duval D. Dressler and Dianne C. Dressler, his Wife, the Grantors herein. This transfer is a conveyance from husbaryd and wife to husband and is, therfore, exempt from taxation under the Pennsylvania Realty Transfer Tax Act. ~:~ -J n7 ...~ - .- .. + ~,~ COMMONWEALTTc10F PENNSYLVANIA ~~ J ~` ,` .. ~~r~ COUNTY OF I~ .cif:%~ ~/'~/_"`L ~-~. _. ~ f ~ ~ SS -'~7 ---`"` - On this ~ ~ ~-~= day of ~-qr±--"' "~'.~ ' ~% ,/ l9 ; ,, before me the subscriber, a Notary Public in and For the Commonwealth of Pennsylvania, personally sppe..ir d, ~~~~77~~ ~_ ~.~''' , -~ ~+-~ ~ ~ jt.~~ ~- ~ ~-`~ 1 ._„~ ti ~ ~,%~ = +1.". known to me (or satisfactorily proven) to be the perscn(sj whose name(s) is (are) subscribed to the • bove Mortgage and acknowledge exeeutt~ii~ef thr game for the purposes therein contained and desired that it be recorded as :;uch. "~) -`~ ~' ~ , , WITNESS my hand and official weal the day ;ird year aforesaid. ,- ~ \ , r)~ ~ ' r "~`-- - '1V~.aary Public. -~/ I i:ertify ti3at the precise residence of t:a•~ i~hir-n;: ,?ed MOItTGAG~F, :. ~? I 8ri~l;;e 5tr;et, P'+~;w C~~mberland, PA i7J70. ;! Signahir" .- - _ _ ~ ~ -- _ 4i i0 ;'' -) EXHIBIT C f, II X006 OCT 19 A(~ li 58 ASSIGNMENT OF MORTGAGE The undersigned Assignor, PNC BANK, NATIONAL ASSOCIATION, successor by acquisition to CCNB Bank, N.A., located at 2730 Liberty Avenue, Pittsburgh, PA 15222-4747, hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to THE CADLE COMPANY, an Ohio corporation located at 100 North Center Street, Newton Falls, OH 44444, organized under the laws of Ohio (hereinafter the "Assignee"), without recourse and without representations or warranties of any type, kind, character or nature, express or implied, except as specifically provided in Section 8.1 of the Asset Sale Agreement ("Agreement") between Assignor and Assignee, al] of Assignor's right, title and interest in and to each of the Asset identified in Exhibit A, excluding the Retained Claims (as defined in the Agreement), together with the right to collect all principal, interest or other proceeds of any kind with respect to the Asset remaining due and owing as of the date hereof (including, but not limited to, proceeds derived from the conversion, voluntary or involuntary, of the Asset into cash or other liquidated property, including, without limitation, insurance proceeds and condemnation awards), from and a8er May 31, 2000. Said Mortgage was executed by Duval Dressler and Cherie Dressler to CCNB Battk, N.A., dated February 5, 1987 and recorded on February 9, 1987 with the Cumberland County Recorder of Deeds, Pennsylvania under Book 851, Page 801. Said property is more commonly known as 4908 Charles Road, Mechanicsburg, PA 17055. Said property is more particularly described on the attached Exhibit A. In witness whereof, the undersigned has hereunto set its hand by its duly authorized officer this 1 f I day of October, 2006, but effective as of May 31, 2000. ~~ ~~. .~I~ras +1-» trtn+~ P1(Witness ,Witness PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY ACQUISITION TO CCNB BANK, N.A. By: hn . Krauland Title: Consumer Loan Officer COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY Before me, the undersigned, a Notary Public in and for said Commonwealth and County, on this the l:~ fN day of October, 2006, personally appeared John J. Krauland to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as Consumer Loan Officer of PNC Bank, National Association and acknowledged to me that he executed the same as his free and voluntary act and deed of such maker, for the uses and purposes therein set forth. COMMONWEALTH OF PENIVSYLw,wIN Notarial Seal Steven Pbescn, Notary PubNc city a Pittsnt,rgn, nua,nenv c~l,,,N My Camrr>issan Expuas .><,r v. Motu Member. Pennsylvania Association of Notaries PREPARED RY .4ND RETURN l'O: THE CADLE COMPANY 100 North Center Street Newton Falls, OH 444 (330)R72-0918 Debtor: Duval D. Dressler Our File No. OE531GJ0 I •Katie~:llSlciNlNfi D[PP~1ain'11e5i~Of.5-1[,1~ D Dmssler .\M.doc ST ~ u /~~}~ f/ , I~Iotary Public Y r1;i.~ t0 he rccor~c 1•~l i IdYxiann ,T ~ ( CI _,.,~, 'ounry ~~ .~` ~ ...~ ~ ~ '` ...l,r r~ f~ T~cccfs BK073 I NG 1566 EXHIBIT A ALL THAT CERTAIN lot or tract of land situate in Hampden 'Ibumship, Cumberland County, Pennsylvania, ire particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of the curvature of Charles Road, said point being by same measured iri a southerasterly direction a distance of 545.17 f?et f. rcxn the sautho,~esi.err~ cr~rner c.~f Charlf=~; Road ~SKl 1'rF~Ihr^ak Rcku?; thence continuing ?long said southern line measured in an easterly direction on a curve to the left having a radius of 93.53 feet an arc distance of 45.0 feet to a hub; thence South 6 degrees 21 minutes west along the line of adjoiner between Lots Nos. 22 and 23 on the hereinafter mentioned .s.. Plan of Lots a distance of 135.09 feet to a hub; thence south 75 degrees 26 minutes west along the northern line of lands now or late of Elmer G. Heiges a distance of 159.67 feet to a hub; thence north 34 degrees east along the line of adjoiner between Lots Nos. 21 and 22 on said Plan a dis'.,ance of 22x.72 feet t~ a hub on the southern line of the curvature of Charles Road, the point and place of BEGIb][IING. BEING Lot No. 22, Block "B", Plan Noo 1 of Del-Brook Manor as recorded .i_n the C,_unberl.and County Recorder's Office in Plan Book 6, Page 42. HAVING ERECTID THERDN a one and one-half story frame dwelling house known and numbered as 4908 Charles Road. BEING the same premises which Robert S. Rhone and Georgina M. done, his wife, by Deed dated September 29, 1976, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 26, Page 95, granted and conveyed unto Duval D. Dressler and Dianne C. Dressler, his Wife, the Grantors herein. This transfer is a conveyance fran husband and wife to husband and is, therfore, exempt fn~n taxation under the Pennsylvania Realty Transfer Tax Act. `~ 1 BK073 r NG I S67 EXHIBIT D U l ~ ~ r G~E`~y 1 ~~t; l~ ~ X ?~22._~~ 'i::~~.1' ?. ~lE ~i.., t '~,tifl ~''~;. 20G6 NOU 13 Pal 12 21 ASSIGNMENT OF MORTGAGE For value received, THE CADLE COMPANY, an Ohio corporation located at 100 North Center Street, Newton Falls, OH 44444, (hereinafter the "Assignor"), hereby transfers, assigns and conveys, without recourse, or any representation, or warranty, express or implied, unto BUCKEYE RETIREMENT CO., L.L.C., LTD., located at 100 North Center Street, Newton Falls, OH 44444 (hereinafter the "Assignee"), all its right, title, interest, powers and options in, to and under the within described Mortgage executed by Duval Dressler and Cherie Dressler to CCNB Bank, N.A., dated February 5, 1987 and recorded on February 9, 1987 with the Cumberland County Recorder of Deeds, Pennsylvania under Book 851, Page 801. Said property is more commonly known as 4908 Charles Road, Mechanicsburg, PA 17055. Said property is rnore particularly described on the attached Exhibit A. IN WITNESS WHEREOF, the undersigned has hereunto set its hand this 16th day of October, 2006. J-~~~~ Kathryn T. abol, Witness n, ~\ Amy A. Sha r, Witness STATE OF OHIO COUNTY OF TRUMBULL THE CADLE COMPANY, AN OHIO CORPORATION William E. Shaulis ~C.~ Its: Executive Vice President Before me, a Notary Public in and for said County and State, personally appeared William E. Shaulis who under penalty of perjury in violation of Section 2921.11 of the Revised Code represented to me to be said person and who signed the foregoing Instrument and acknowledged the same as his voluntary act and deed. Executed this 16th day of October, 2006. \ ~1 Kathleen A. Suze s, Notary Public PREPARED BY AND RETURN TO: THF. CADLE COMPANY 100 North Center Street Newton Falls, OH 44434 (330)872-0918 Debtor Duval D. Dressler Our File No. OE541G40 I`.Katie\ASSIGNING I)nPTMain\O<54\OF541fi40 D. [h'<sslcr AM-to Duckcyc.doc cg~~~111/~~f7~i KATHLEEN A. SUZELtS =_ ? Notary Public -State of Ohio =: j~~ 'o My Comm. Ex.Dires March 71, 2009 m`,! . ~T! GF• o~,.. BK073 I PG49 i 6 EXHIBIT A ALL THAT CERTAIN lot or tract of land situate in Hampden 'I'owrLShip, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of the curvature of Charles Road, said point lleing by same measured in a southerasterly direction a distance of 545.1;' f~:t fczxn the southN~e"t-~rr~ ec~i:nc~~: of ('h~rlc=~~ Road ~sK~ DEel.hirc~k• Rckd; thence continuing ?long said southern line measured in an easterly direction on a curve to the left having a radius of 93.53 feet an arc distance of 45.0 feet to a hub; thence South 6 degrees 21 minutes west along the line of adjoiner between Lots Nos. 22 and 23 on the hereinafter mentioned ~_::=_ Plan of Lots a distance of 135.09 feet to a hub; thence south 75 degrees 26 minutes west along the northern line of lands now or late of Elmer G. Heiges a distance of 159.67 feet to a hub; thence north 34 degrees east along the line of adjoiner between Lots Nos. 21 and 22 on said Flan a distance of 222.72 feet to a hub on the southern line of the curvature of Charles Road, the point and place of BEGINNING. BEING Lot No. 2,2, Block "B", Plan No, 1 of Del-Brook Manor as recorded in the ('lIInher.l.arxi County Recorder's Office in Plan Book 6, Page 42. HAVING ERECTID THERON a one and one-half stony frame dwelling house known and numbered as 4908 Charles Road. BEING the same premises which Robert S. Rhone and Geon7ina M. One, his wife, by Deed dated September 29, 1976, and recorded in the Cumberland County Recorder of Deeds office in Deed Book "V", Volume 26, Page 95, granted and conveyed unto Duval D. Dressler and Dianne C. Dressler, his Wife, the Grantors herein. This transfer is a conveyance from husband and wife to husband and is, therfore, exettq~t from taxation-under the Pennsylvania Realty Transfer Tax Act. ~J 1 ~_. 1 ..: ` 1 (.,U~11 I l ~ ./ ,'r BK073 i PG49 i 7 EXHIBIT E BtiCKEYE RETIREl~~IENT CO., L.L.C., LTD. 100 North Center Street Newton Falls, OH 44444 (888) 462-2353 (888) GO-LADLE (330) 872-0918 FAX (330) 872-5367 January 22, 2007 Mr. Duval D. Dressler 4908 Charles Road Mechanicsburg, PA 17055 IMPORTANT: NOTICE OF INTENTION TO FORECLOSE MORTGAGE RE: Duval D. Dressler and Cherie Dressler Property located at: 4908 Charles Road, Mechanicsburg, PA 17055 Our File No. OE541640 Dear Mr. Dressler: The Mortgage currently held by Buckeye Retirement Co., L.L.C, Ltd. ("Lender") on your property located at 4908 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania, as described in a Mortgage signed by Duval P. Dressler and Cherie Dressler and recorded in the Office of tl~e Recorder of Deeds of Cumberland County, Pennsylvania, at Book 851, Page 801, which was assigned to the Lender by The Ladle Company, who purchased the mortgage from PNC Bank National Association, IS IN SERIOUS DEFAULT. The total delinquency of the past due payments of all monies due and owing under this fully matured loan as of January 22, 2007, is $4,533.27, which includes principal of $2,098.20, interest of $2,310.07, and the cost of obtaining a property report and appraisal of $125.00, with interest accruing after January 22, 2007.. at $.63 per day, ?he total amount now required to cure this default as of the date of this Notice, or in other ~~ ords, to get caught up in your pa«nents, is . 4 533.27. ~'ou may cure this default ~t~ithin THIRTY (30) DAPS, of the date of the receipt of this letter, by t~avin~ to us the abo~~e amount of $4,533.27, plus such additional interest (computed at the rate of $.C3 per day), which accrues following the date of this letter. Such payment must be made either by cash, cashier's check, certified check or money order, and made at the office of Buckeye Retirement C'o., L.L.C., Ltd., 100 North Center Street, Newton Falls, OH 44444. if full payment of the amount of the default is not made within thirty (30) days, we, the Lender, ~~-ill start a lawsuit to foreclose the mortgage on your property. If the mortgage is foreclosed, your property will be sold by a Sheriff(s) or other similar official(s) sale to pay off the mortgage debt. The ci~ht can still be cured before we begin legal proceedings against the property, but reasonable attorney's fees actually incurred, up to $50.00, will be due. However, if legal proceedings are started against the property, reasonable attorney's fees will have to be paid even if they are over $50.00. Any attorney's fees will be added to whatever is owed to the Lender, which may also include the Lender's reasonable costs. If the default is cured within the thirty-day (30) period, attorney's fees will not be required to be paid. Mr. Duval D. Dressler Page 2 January 22, 2007 We may also sue for the unpaid principal balance and all other sums due. If the default is not cured within the thirty-day (30) period and foreclosure proceedings have begun, there is still the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. This may be done by paying the total amount then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale. It is estimated that the earliest time that such a foreclosure sale could be held would be approximately in June 2007. A notice of the date of the foreclosure sale will be sent before the sale. Of course, the amount needed to cure the default will increase the longer time passes before the default is cured. The required payment to cure the default maybe obtained at any time by calling me toll-free at the following number: 800-827-0918, Ext. 3223. This payment must be made in cash, cashier's check, certified check or money order and made payable to the Lender at the address stated above. A foreclosure sale will end the ownership of the mortgaged property and the right to remain in it. If anyone continues to live in the property after the foreclosure sale, a lawsuit could be started to evict. The nonexistence of a default or any other defense that maybe had to acceleration or foreclosure 1~as the right to be asserted in the foreclosure proceeding. There are additional rights to help protect the interest in tl~e property. THERE EXISTS 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. THERE EXISTS THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY. The home MAY NOT be sold or transferred to a hover or transferee who will assume the mortgage debt. If the default is cured, the mortgage will be restored to the same position as if no default had occurred. However, there is no entitlement to this right to cure the default more than three times in an;,' calendar year. L1 accordance with 15 U.S.C. 1692e(11), please be advised that the purpose of this letter is to collect a debt, and any information obtained from you will be used for that purpose. Yours very truly, Shawn Brickle Account Officer .~ SB:SM By Regular (c/tn) and Certified Mail -Return Receipt No. 7006 0100 0003 5911 7840 I ~Shcri Me~alli,OB541640 Dresaler.dne 0 7 ~ ~~ .. ~ ~ ~ ~ ~ ~^ ` "Afnz fee Here in or meted postag stamp e and s ~ i ~ ~ ~ r ~ • ~ f most march. Inquire of ~ . ~ .Postmasf6r for current rem ~ "~ i ~_ r <~ i ~_" ~ rl Postage $ '; ~ ~ Certmed Fee;- ! ='k~~' ~'' ~ Return Receipt F , ~ (Endoroement Requlr , _ ~'+ ~ i ~ > ~ t ~ ~ Restricted DeNvery F~e (Endorsement Requvef~ ~ ? ~ ~ ~a ~ ~ to .~ ~ I ~ ~ ~ ~ ~ lbtel Pasteae 8 Fee .Q', ~ r-i Q "~ ~ ~ Mr. Duval Dr W ~ ~' a a a *' , = ~, 4908 Charles ~ ~'~" a ~ a Mechanicsburg, : ~' ~ t ~ ` - ~~' w o ~ OE541640 S. Brickle ~ - i a o WJWk .~ '` ~ t ,-~ E O H O i-Qh J _f. , ~ZJ 4 ~ W 2 ~~ a ~ a ~ ~ ~ ~ w ~ ~ L r l~ ~ I` .. ._-. y 'p < si U ~ o~ z m ° 1 ~~ ~ ~ v, ~ ~ ~ ~ U ' U Q -j ~.~.~ ~ r~l 0 ~ ~ ~ '' ~ • a ~~r ~-- o - o -~ ~ (~t ~ . ~ r ! ~ ~ o - ~.'~' o t~ ~O a a~ U ~w 0 z~ S 3 a~ ~z j '° • BUCKEYE RETIREMENT CO., L.L.C., LTD. 100 North Center Street Newton Falls, OH 44444 (888) 462-2353 (888) GO-LADLE (330) 872-0918 FAX (330) 872-5367 January 22, 2007 Ms. Cherie Dressler 4908 Charles Road Mechanicsburg, PA 17055 IMPORTANT: NOTICE OF INTENTION TO FORECLOSE MORTGAGE RE: Duval D. Dressler and Cherie Dressler Property located at: 4908 Charles Road, Mechanicsburg, PA 17055 Our File No. OE541640 Dear Ms. Dressler: The Mortgage currently held by Buckeye Retirement Co., L.L.C, Ltd. ("Lender") on your property located at 4908 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania, as described in a Mortgage signed by Duval P. Dressler and Cherie Dressler and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, at Book 851, Page 801, which was assigned to the Lender by The Ladle Company, who purchased the mortgage from PNC Bank National Association, IS IN SERIOUS DEFAULT. The total delinquency of the past due payments of all mo~lies due and owing under this fully matured loan as of January 22, 2007, is $4,533.27, which includes principal of $2,098.20, interest of $2,310.07, and the cost of obtaining a property report and appraisal. of x,125.00, with interest accruing after January 22, 2007, at 5.63 per day. The total amount now required to cure this default as of the date of this Notice, or in other «~ords, to get caught up in your pa}~nents, is ~ 4 5~. You may cure this default within THIRTY (30) DAYS of the date of the receipt of this letter. b•~y ,paving to us the above amount of S4 533 ~7 plus such additional interest (computed at the rate of $ 63 per days which accrues following the date of this letter. Such payment must be made either by casi~, cashier's check, certified check or money order, and made at the office of Buckeye Retirement Co., L.L.C., Ltd., 100 North Center Street, Newton Falls, OH 44444. If full payment of the amount of the default is not made within thirty (30) days, we, the Lender, will start a lawsuit to foreclose the mortgage on your property. If the mortgage is foreclosed, your property will be sold by a Sheriff(s) or other similar official(s) sale to pay off the mortgage debt. The debt ca~a still be cured before eve begin legal proceedings against the property, but reasonable attorney's fees actually incurred, up to $50.00, will be due. However, if legal proceedings are started against the property, reasonable attorney's fees will have to be paid even if they are over $50.00. Any attorney's fees will be added to whatever is owed to the Lender, which may also include the Lender's reasonable costs. If the default is cured within the thirty-day (30) period, attorney's fees will not be required to be paid. ,is. Cherie Dressler Page 2 ~ January 22, 2007 W'e may also sue for the unpaid principal balance and all other sums due. 1f the default is not cured within the thirty-day (30) period and foreclosure proceedings have begun, there is still the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. This maybe done by paying the total amount then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale. It is estimated that the earliest time that such a foreclosure sale could beheld would be approximately in June 2007. A notice of the date of the foreclosure sale will be sent before the sale. Of course, the amount needed to cure the default will increase the longer time passes before the default is cured. The required payment to cure the default maybe obtained at any time by calling me toll-free at the following number: 800-827-0918, Ext. 3223. This payment must be made in cash, cashier's check, certified check or money order and made payable to the Lender at the address stated above. A foreclosure sale will end the ownership of the mortgaged property and the right to remain in it. If anyone continues to live in the property after the foreclosure sale, a lawsuit could be started to evict. The nonexistence of a default or any other defense that may be had to acceleration or foreclosure has the right to be asserted in the foreclosure proceeding. There are additional rights to help protec± the interest in the property. THERE EXISTS THE RIGHT TO SELL THE PROPERTY T~ OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. THERE EXISTS THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY. The home MAY NOT be sold or transferred to a buyer or transferee ~~-ho «ill assume the mortgage debt. If the default is cured, the mortgage will be restored to the same position as if no default had occurred. Ho~ti ever, there is no entitlement to this right to cure the default more than three times in am,• calendar }'ear. In accordance with 1 ~ L.S.C. 1692e(11), please be advised that the purpose of this letter is to collect a debt, and any information obtained from you will be used for that purpose. Yours very truly, ' Shawn Brickle Account Officer SB:SM By Regular (c/m) and Certified Mail -Return Receipt No. 7006 0100 0003 5911 7857 .,,,~~: ~ ntedu'Jis10H541G40 C Dresslerdoe ~n stamps i } Affix fee Fie1~ a and ~ • ~fjcri~eler~ Sire of ' ~ ~ post mark-l~rq ~ ~ - ~! postmast r current ~ ~ i 1'~ ~ feB s- .. t-~~ _. -.~~~ .:. ~ . - v,~ r, ~.., ,. ~ a ~ Return F ~ (~rsemen ~ Restrkted ~ ~ (Endoraemer ~ Total PoeC p ~ MS. ° ~ 490 or. Me CR. QES~ C .F ~ ~ .. )< M . _. ~ _ ,6 - ~a F+ C Tl _ ~ ."'. ~ ~ ~ -- w ID C C i'' -- r3 l~Z~1 „ c m~z __ "~ ~ -( 4 O ~' _ ~ ~~~ z b m m -- ~ ~ ~ rs a N -_' ~ i~ ~ ~ ft~ (i ~ ^~~ Z- cy ~ ~ CO ;~ ~ fA (~~~ -3.~(~D in ~ (D 7 (p ~ ~ ~ ~ O N D Q. ~ J Jl n ~~ ~ ~ ~' ~;' i ~ Std tk C~ if1~- V~ ~ ~ ~' Q C~ ~~ z .- ~8 sz ~o `~ ~' ~n ~ ~ ~ x~ ~ ~ O O V' O O 0 a 0 0 w Lll .~ k:' E' W -.1 i is j - m,A ~'u M- , .. EXHIBIT F BUCKEYE RETIREMENT CO., L.L,C., LTri. 100 North Center Street ~ . Newton Fa11s, OH 44444 ~ ~~'`' (330) 872-0918 (688) 462-2353 FAX (330) 872-5367 March 16, 2007 BY REGULAR ;~IA.IL - C/A'I ANA CERTIk`IED MAIL RETURN RECEIPT RFrQUESTE;D -- Return Receipt No. 70041350 0002 8838 0034 Mr. Duval D. Dressler 4908 Charles Road Mechanicsburg, PA 17055 RE: Our File No. OE541640 Dear Mr. Dressler: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME PROIVI Fc~RECI.OSURE~ This is an official notice that the mortgage on your home is in defa t and the lender intends to #o~eclose~ Specific inforrz~ation about the nature of the default is provide in the attached ,pages. The HOMEOWNER'S MORTGAGE ASSXSTANCE PROGRAM (HEMAP) m,ay be able to help to save your horn. This Notice explains how the program works. To see if HEMAP can help, you must 1VIEET WITH A CONSUMER CREDIT COUNS1~~IlVG AGENCY WITHIN 30 DAYS OF THE DATE OF THXS NOTICE. Take this Notice with you when you meet with the Counseling Agency The name, address, and pho~,e number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. I you have andquestions, You m y call the Pennsylvania Housing Finance Agency toll free at 1 (800) 842-2397. Persons with impaire hear can call X717) 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 xnay also want to contact an attorney u1 your area. The local bar association may be able to help you find a lawyer. i-\Ka~6y Bry,xr~,0E3+ltb{0 Drexler.da LA NOTIPICACION ADJUNTO ES DE SUMA IMPORTANCIA, PUSS A.FECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO bE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INM$DITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL N~CTMBEREO MENCIONADO ARRIBA. PUEbES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA SEL DERECI-IO AREDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): uval D. Dressler PROPERTY ADDRESS; .. 490 Charles Road, Mechaiucsbur~_ PA 17p55 _ PRIMARY ADDRESS: _4908 Charles Road, Mecharu~,'csbur , PA 17055 LOAN ACCOUNT ND.: 150010 ORIGINAL LENDER; CCN Bank A CURRENT LENDER/SERVICIrR: Bucke e R ' •einen o. L. L. d. HOMEOWNER'S EMERGENCY MI~RTGAGE ASSISTANCE PROGRAM YQ AY BLIGIB FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME OM FORECLOSURE AND HELP YOU MAICE FUTURE MORTGAGE PA MENTS IF YOU COMPLY WITEI THE PRpVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"}, YUU MAY BE ELIGIBLE FOP IMERGENCY ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL; • 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. I;\Knlhy Bryl~er`~OC541649 Drassler.da TEMPORARY STAR OF FORECLOSURE ,Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (3d) 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. THI EETIN UST UR WITHIN THE NEXT THIRTY (30~ DAYSr IF Y~}U DO NOT APPLY FOR iJMERGENCY TGA IS E, YpU MUST BRING YQUR MORTGAGl1 UP TO DATE. THE P T OF THIS NOTI CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAI S HOW T BRING YO MO AGE Ul' O ATE. CO UMER DIT O NSELI AGEN I - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (3d) days after the date of this meeting. The name, addresses and t e hone nu hers ofd 'Hated rner cre ounselin ties oft un in w ' t~ 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 ixrunediatelX a# your intentions. APPLICATION FOYt MORTGAGE ASSIS'Z'ANCB ~ Your Mortgage is in default for the zeasons 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 Emergenty Mortgage 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 #or the progxam 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 yaur face-to-face meeting. YOU MUST FILE YpYJR~APPLICATION FR(7MPTLY. IF YOU FAIL TO 170 SO, OR IF YOU DO NOT FOLLOW THE OTIiER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE 1VZAY 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 pz•oceedings will be pursued against you if you have rx-et the time requirements set forth above. You will be notified directly by the Pennsyylvania 1-Yousing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILXNG OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTIC$ IS POR INFORII~ATION I'URPQSES ONLY AND SHOULD NOT BIr CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. 1:\ KaU•,y_Brynpr\p '~,{~ 1G10 Unftllrr. dx (If you have filed Uanlcruptcy you can still apply for Erner en Mort a e Assistance HOW~~ CURE YOUR MORTGAGE DEFAULT (brin~it up to datel NATURE OFT E DEkAY1'LT -The 1v10RTGAGE debt held by the above lender on your property located at: 494 Charles ad Me anicsbttr A 17055 IS SERIOUSLY IN DEFAULT BECAUSE: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: ARR A.RAGES TOTAL AMOUNx PAST DCJE; $~ 567.71 (This amount consists of $2,098.20 principal and $2,343.91 in accrued interest. The per diem interest will accrue at $.63.) HOW T CURET E DEFAU T ~ You may cure the default within THIRTY (30) DAYS of the date of this Notice, $Y PAYING THE TOTAL AMOUNT PAST DUE TO TFIE LENDER, WHICH IS $4,567.11, I'I.US ANY MORTGAGE PAYMENTS AND LATE CHARGES WI-ITCH BECOMI~ DUE DURING THE THIRTY (30) DAY PERIOD. Payments m be made ither b ca h cashier's check cert'fied check or one order made a a and sent to: BUCKEYE RETIREMENT CO., L. L. C., LTD. 100 NORTH CENTER STREET NEWTON FALLS, OHIO 4444-7.321 YOU D NOT CUR THE DE AULT - If you do not cure the default ~+~ithin THIRTY (30) BAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgagee debt, This means that the entire outstanding balance of this debt will be considered due immediately and you inay lose the chance to pay the mortgage ir- monthly installments. If full payment of the total amount past due is not made within THIRTY (34) DAYS, the lender also intends to i~lstruct its attorneys to start legal action to foreclose upon our mort a ed ro er P~. KaUy _Bryner~~at?5a1(AO Dreecler.Jnr I~THE 1V~ORT~AGE IS FORECLOSED UPaN -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. I-iowever, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even it they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30} DAY ,per~od_ Xou will not be required to may attorneX's fees OTHER ~rENDER REIVIEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAUYrT PRIOR TO SFIERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you st' h ve t fight to cure the default and~revent the sale at any time up to one houx before th~Sheriff's Sale. You may do so paying the tgtal amount then ast due, plus any late or other charges then due, reasonable attorney's, fees and costs corineoted with the foreclosure sale and~ther costs connected w~~i the Skteriff`s Sale as specified in writing_by_~e lender and by~performing_an~, other require nts „uur~er the ~mortg~e Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SIiERIFF~S SALE BATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately eight ($) months from the date of this Notice. A notice of the actual date of the SherifYs 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. IOW TO CONTACT THE LE~iDER: NAME Ox LENDER:~UCKEYB RETIREMENT CO., L. L. C.. LTD. ADDRESS: 100 NORTH,CENTER STREET, NEWTbN FALLS~OH 44444 TELEPI-IONE NUMBER: 1- 8-462-23 3 FACSIMILE NUMBER: _ 1-330-$72-5367 CONTACT PERSON: SHAWN BRICKLE TENSION 223 EFFECT OF S~IERIFF'S SALE -- You should realize that a Sheriff's 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 Sheriff's Sale, a lawsuit to remove you and your furaushings at~d other belongings could be started by the lender at any time. I \ Kalb} _Bryncr\ pF.741 W 0 Urrrier.d p( ASSUMPTION OFMORTGAGE--You may not sell or transfer your-home to a buyer qr ' transferee who w7i11 assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid przor to or at the sale and that the other requirements of the mortgage are satisfied. ~U MAX ALSO,HAVE THE RTGHT': • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TIDE ivIORTGAGE 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 TEIE SAME POSITRON AS IF NO DEFAULT HAD OCCURRED IF YOU CURE THE DEFAULT. (HQ'WEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR); • T4 ASSERT THE NONEXISTENCE OF A 17EFAULT IN ANY FORECLt)SURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; • TO ASSERT ANY OTI-iER DEFENSE YQCJ BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER TI~B FEDERAL $ANKRUPTCY LAW. CONSUMER CItEUIT CQCJNSELING AGENCIES SERVICING YOUR COYTNTY (See list of consumer credit,_counselin~ a encies attac_ hed to this notice) F ,xathy Bct~nrr~,0E541fA0 Drrsicr,doi coNSUM~R CREDIT COUNS~LiNG AGENCIES SERVING YOUR COUN`i'Y: HEMAP Consurtner Credit Counseling Agencies CUMBERLAND COUNTY Adams County intorfeith Houeinc~ AuC~iarfty 40 ~ Migh Sheet C~ettyrburg, pA 17325 1/47. ,334.1518 GCGS of Wasturn 1'A 20001_Ingiestown Road Harrisburg, PA i711)Z 88r~.611.2227 Commurtiity Artio,t Commissiott ci CaPt'ral RggiCtl 154 Derry Stn9si Harrisburg, PA 17104 7 i 7,232.9757 LU`JflSnlp, InC, 2320 fdorth 5th 5treel Harrisburg, PA 17110 717.232.22D7 hftar~n2tha 43 Philadelphia Avanus Waynesboro, PA 17268 717.762.3265 PNFQ 211 North Front Slreet Harrisburg, PA 17110 717.780.3940 800,342,2397 Consumer Credit Couns~Agency Nvtiffcation To: Date: Name of Mortgage: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of x.983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Logan Number Add>•ess of property on which mortgage is in default, if different from above. T11e counseling agency met with the auo~-e named applicant on Date I:\ Ka~hy~Brymr`,Ae51•tbsp Dreasler,da• mho have indicated that they are more than sixty (60) days delinquent on their mortgage ' payments and have received notification of intention to foreclose from: Nanne and Address of Mortgage In accordance with the ~iomeowner's Emergency Mortgage Assistance Program, this ~s to inform you that: 1. If the delinquency cannot be resolved within the 30 days forbearance period, 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 nortgage on the property identified above. 3. It is our understanding the 30 day £orbearance period in w~-hich we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period unless procedural tune limits were not met by the homeowner. NAME OF COUNSELING ~-1GENCY: SIGNER AND TITLE: TELEPI-ZONE NUMBER; ADDRESS: L1 Kalhy_Oryncr\Q6541G40 Dreseler.drx __ BUCKEYE RETIREMENT CCl., L.L.C., LTD, ,,~~ ~ 100 North Center Street Newton Ealls, 4H 44444 .~, (330) $72-0918 '° (888) 46?rZ353 FAX (330) $72-5367 Mazch ].6, 2007 ....~ BX REGULAR MAIL -- C/NI AND CERTIk'IED MAIL RETURN RECEIPT REQUESTED - Return Receipt No. 70041350 OOOZ 8838 0041 Ms. Cherie Dressler 4908 Charles Road Mechanicsburg, PA 17055 RE: Our File No. OE541640 Dear Ms. Dressler: .ACT 91 NOTICE TAKE ACTION TO SAVE XOUR HOME FROM FORECLOSURE* This is arE official notice that the rrtortga,ge on youz' home is u1 default and the lender i~-tends to foreclose. Specific information about the nature of the default is rovided in the, attached ,pales. . The HOMEOWNER'S Mt~RTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to heap to saveyour home This Notice explains how the grogram works, To see if 1-~FMAP can help~_you must ME~;,~' WITH A CONSUMER CREDIT COUNSELING AGENCY WITI-IIN 30 DAYS OF~I'HE DA~'$ OF THIS 1VOTI~E Take this Notice with you when yQu meet with the, ounseling,~~enc~ The name, addxess, and phone 1~umber of onsumer Credit Counseling A e~ ncies servin our Coup are listed at a end o this oti e. If o have uestio ou m call the Pennsylvania Housul~ Financ~~en~ toll free at 1 (800) 342 2397, Persons with impaired hear can call (717, 7$4-1869. This Notice contains important legal information. If you Have any questions, representatives at the Consumer Credit Counseling Agency nnay 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. ~~1Kn~hy_Rryner101~511W0 Drauler.doc LA NOTIFICACION ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR 'VIVIENbO EN SU CASA. SI Np COMPRENDE EL CONTBNIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANI70 $STA AGENCIA, (PENNSYLVANIA I-iOUSING FINANCE AGENCY) SIN GARGOS AL NUMBERED MENCIONADO ARRIBA PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PRQGRAMA LLAMADQ "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL 1'UEDE SALVAR SU CASA DE LA PERDIDA SEL DERECHp AREDIMIR SU HIPOTECA. HOMEOW~~R'S NAME{S): Cher~e_ Dressler PRQPERTY ADDRESS:_ 4908 Charles Road, Mechanicsburg PA 17055 PRIMARY ADDRESS: 908 Ch Ies Rvad Mechanicsbur PA 17 LOAN ACCOUNT NO.: 00104 4 ORIGINAL LENDER: C $ Bank NA CURRENT LENDER/SERVICER: Bu e e Reti ment C L. L. C. td. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE pRQG1tAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE Y RHO FRO FOREC SURE AND HE YOU M IGE FUTU E MOR GAGE PAYMENTS IF YOU COIvIPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSIST.A.NCE ACT OF x9$3 (THE "ACT'"), YOU MAY BE ELIGIBLE FOR EMERGENCY ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL; • YOU' HAVE A REASONABLE PROSPECT OF BEING ABLE TQ PAY YOUR MORTGAGE PAYMENTS; AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TI-IE PENNSYLVANIA HOUSING FINANCE AGENCY, 1 ', KiQhy_Bryncr'~OT:S~IGIU Pre:ac~ dOC 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 al~tend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. HIS MEETI UST OC WITHIN TIE NEXT THIRTY~30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY M R ASST Ott N Y O AGE U D E. THE PART _OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR,1y~,ORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGE1V'CIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The name, addresses and telephone numbers of designated consumer credit counseling a~eneies of the county,in which the property is loc2~ted 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. APPLICA FOR MO E ASSISTAN -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 tlUS problem with the lender, you have the right to apply for financial assistance from the I~ozneowner's Emergency Mortgage Assistance Program Application with one of the designated consu~nner 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 Peztttsyl~vania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YC1U MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO, OR IF YOU DQ NOT FOLLOW THE OTYIER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTIQN -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 blousing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PRQTECTEA BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART QF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NDT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. L', XaNy_tltyrllr\OLSJ lti4~l C reiilrt• .ipr (If you have filed bankzuptcy you can still apply for Emergency Mortgage A-ssistance~ . HOW TO CURE YOUR MORTGAGE DEFAULT brim it u to date NATURE OE THE DEFAULT -The MORTGAGE debt held by the abo~re lender on your property located at: 4908 Charles Road, Mechanicsburg, PA 1705.5 IS SERYOUSLY IlV DEFAULT BECAUSE: YOU I-IAVE NOT 1VIADE MONTHLY MORTGAGE PAYMENTS. The following amounts are nor~v past due: ~iZEARAGES TOTAL AMOUNT PAST DUE: $4,567.x1 (This amount consists of $2,09$.20 principal and $2,343.91 in accrued interest. The per diem interest will accrue at $.63.) HOW TO CURE TIDE DEFAULT -You may cure the default rnrithin THIRTY (30) DAYS of the date o£ this Notice, BY FA,YING THE TOTAL AMOUNT FAST DUE TO THE LENDER, 'WHICH IS $4,5b7.I,1, PLUS ANY MORTGAGE PAYMENTS AND LATE CHAI:GES WHICH BECOME DUE DURING THE THIRTY (30j DAY PERIOD. Payments must be made either by cash, casluer's check, certified check or money order made payable and sent to: BUCKI/YE RETIREMENT CO., L. L. C., LTD. 100 NORTH CENTER STREET NEWTON' FALLS, OHIO 444-1321 IF Y DO NO CURET EFAULT - If you do not lure the default within THIRTY (3(J) DAYS of the date o£ this Notice, the lender intends to exercise its rights to aceelerafie the mortgage debts This means that the entire outstanding balance of this debt will be considered due in-unediately artd you may lose the chance to pay the mortgage in monthly installments. Tf full paynnent of the total amount past due is not made tivithin THIR'T`Y (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon y°u- r r °rtga eg~ProPert,~ 1,\F.alhy-6ryrCt~OG541W0 DrrslcLdOC ~TH'E MORTGAGE I$ FORECLQSED 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. 1-Iowever, if legal proceedings are started agaust you, you will have to pay alI reasonable attorney's fees actually incurred by the lender even if they exceed $54.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. Xf you cure the default within the THIRTY (,34) DAY-period, you, will not be required to may attorney's fees. OYSTER 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, -ou have the ri cure efault and nt the sale e u t our bef r the Sheriff's Sale. Xou may do sq bv~„ n_, axing ~e total amount then past due, plus an lam to or Qth~r charges then due, reasonable attorney's fees and costs connected with the foreclosure, sale and other costs connected with the Sheriff s Sale as specified in writingbv the lender and 1?v performing any other requirements under the mort 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 Sheriff`s Sale of the mortgaged property could be held would be approximately eight (8) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale wzll be sent to you before the sale. C7f course, the amount needed to cure the default will increase the longer you wait. You play find out at any time exactly what the required payment or action will be by contacting the lender. I-TOW TO CONTACT' THE LENDER: NAME OF LENDER:~~J~EYE RETIREMENT C4., L. i,,. C., LTD. ADDRESS: 00 NORTH CENTS E NEWTON FALLS OH 444: TELEPHONE NU1V18ER: ~-$88-4d2-2353___ FACSIMILE NUMBER: 1-330-872-53b7 CONTACT PERSON: SHAWN $RICKLE, EXTENSION 3223 EPFECT OF SHEn~,~F'S SALE -You should realize that a Sheriff`s 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 Sheriff's Sale, a lawsuit to remove you and your furruslungs and other belongings could be started by the lender at any time. ~. ~, F:ad~y_Bryocr~GEli1Gi0 Ureealecaa ~4SSUMP'~zON pF MOR,xGAGE - Yau rz-ay not sell or transfer your home to a buyer or tra~,sferee 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 11xAY 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 FIAVE THIS DEFAULT CURED BY A.NY THIRD PARTY ACTING ON YOUR BEHALF; • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED IF YOU CURE TI-~E DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YQUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR); • TO ASSERT THE NONEXIS?ENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU h1AY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UN17ER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVICING YOUR COUN'TX (See list of consumer credit counseling agencies attached to this rtotxcel P ~, F~tlAy_ilrynrr\ OE5~1 A W U Urtl:kada~ CONSUMER CREDIT COUNSELING AGENCIES . SERVING YOUR COUNTY: HEMAP Consumer Credit CounSeiing Agencies CUMBERLAND COUNTY ~0.darns County G~torfaith Houain9 At~eFiority 40 & MiQh Suaet Gettysburg, PA 17325 `7'47,8334.1518 CCCS of Wosttrrn PA 2000 Linglestown Raad Harrisburg, PA 17102 888.511.2227 Cemmunity Actio-i Comis-ission ci Cxptlai Region 1 Bi 4 Dorty Streol Harrisburg, PA 17104 717.232.9757 Lnvrahip, hi c. 2320 hlorth 5th SCre~i Harrisburg, PA 17110 717.232.2207 ~Iarana~ha 43 phitadelphie Avenue Waynesboro, PA 17269 717.762.3285 FH~i-1 211 NCrth Fronl Siraet Harrisburg, PA 17110 717.780.3940 800.342.2397 • ' ' Consumer Credit Counseling Agency Notification To: Date: Name of Mortgage. Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 19$3), we have been approached for martgage 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 courtiseling agency met with the above named applicant on Date ~:'1Ki~Uw_tlryner~,0E5ttu40 Dteeeler,da ' ' 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 Mortgage In accordance with the Homeow-ner's Emergency Mortgage Assistance Program, this is to inform you that: 5. If the delinquency cannot be resolved within the 30 days forbearance period, by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. b. 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. 7. It is our understandixzg the 30 day forbearance period in which we are now in ends on 8. No legal action to enforce the mortgage may occur during this forbearance period unless procedural time liiruts were not met by the homeowner. NAlV1E OF COUNSELING AGENCY: SIGNER AND TITLE: TELET'HQNE NUMBER: ADDRESS: 1.\Ka1hy Uryncr\0&447fi4G Uraselar.dcr e~ Y ~0 D D 1 ~- ° ~i ~ ~7 ter ~ 1+,~7i .~ i lJ t ~-i}}~~ . ~ ~ N ~ SHERIFF'S RETURN - REGULAR ~ '~~ASE NO: 2007-04465 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BUCKEYE RETIREMENT COMPANY LLC vs DRESSLER DUVAL ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DRESSLER DUVAL DEFENDANT the at 1947:00 HOURS, on the 6th day of August 2007 at 4908 CHARLES RD MECHANICSBURG, PA 17055 DWAL DRESSLER was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Postage .58 Surcharge 10.00 00 ~I1°?~o1 ~-. 4 Sworn and Subscibed to before me this day of , So Answers: /- ~~E~ %~ R. Thomas Kline 08/07/2007 KEVIN T FOGERTY By. eputy Sheri f A.D. SHERIFF'S RETURN - REGULAR ' SASE NO: 2007-04465 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BUCKEYE RETIREMENT COMPANY LLC VS DRESSLER DUVAL ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DRESSLER CHERIE the DEFENDANT at 1947:00 HOURS, on the 6th day of August 2007 at 4908 CHARLES RD MECHANICSBURG, PA 17055 by handing to DUVAL DRESSLER (HUSBAND) a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 gi~h~e`i ~ 16.00 Sworn and Subscibed to before me this day So Answers: / • --+~.s..~.I R. Thomas Kline 08/07/2007 KEVIN T L'^i-!~~mv By of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BUCKEYE RETIREMENT CO., L.LC., LTD. 100 North Center Street Newton Falls, OH 44444, Plaintiff, v. DUVAL DRESSLER and CHERIE DRESSLER 4908 Charles Road Mechanicsburg, Cumberland County, PA 17055 Defendant. NO. 2007-04465 IN MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT To the Cumberland County Prothonotary: Please enter judgment in favor of Plaintiff, Buckeye Retirement Co., L. L. C., Ltd., and against Defendants, Duval Dressler and Cherie Dressler, for failure to ftle a response to Plaintiff's Complaint. Principal Debt (as per Paragraph 11 of Plaintiff's Complaint) $5,097.18 Accrued interest (from 5/4/07 through 11/27/07}*- 130.41 Total ~~~ *Interest is continuing after May 4, 2007, at the rate of $.63 per day. (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. ( )Pursuant to Pa. R. C. P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this Praecipe has been mailed to each other parry who has appeared in this action or to his/her Attorney of Record. (X) Pursuant to Pa. R. C. P. 237.1, I certify that written notice of the intention to file this praecipe was mailed out or delivered to the party against whom judgment is to be entered and his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe, and a copy of the notice is attached. LAW OFFICES OF KEVIN T. FOGERTY Date: November 27, 2007 By: Kevin T. Fogerty, re Attorneys for Plain iff, Buckeye Retirement Co., L. L. C., Ltd. Now, November ~, 2007, JUDGMENT IS ENTERED AS ABOVE. Cumberland County Prothonotary By: ~ ~` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BUCKEYE RETIREMENT CO., L.LC., LTD. 100 North Center Street Newton Falls, OH 44444, Plaintiff, NO. 2007-04465 v. DUVAL DRESSLER and CHERIE DRESSLER 4908 Charles Road Mechanicsburg, Cumberland County, PA 17055 Defendant. To: Duval Dressler and Cherie Dressler 4908 Charles Road Mechanicsburg, PA 17055 Date of Notice: August 30, 2007 IN MORTGAGE FORECLOSURE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 / 800-990-9108 LAW OFFICES OF KEVIN T. FOGERTY By• evin T. Fog quire Attorneys for aintiff, Buckeye Retirement Co., L. L. C., Ltd. Mill Run Off ce Center 1275 G1enlivet Drive, Suite 150 Allentown, PA 18106 Phone 610-366-0950 Fax 610-366-0955 E-Mail kfogerty@fogertylaw.com PA Supreme Court I. D. No. 36667 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BUCKEYE RETIREMENT CO., L.LC., LTD. 100 North Center Street Newton Falls, OH 44444, Plaintiff, v. DUVAL DRESSLER and CHERIE DRESSLER 4908 Charles Road Mechanicsburg, Cumberland County, PA 17055 Defendant. NO. 2007-04465 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT To: Duval Dressler Cherie Dressler 4908 Charles Road 4908 Charles Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 You are hereby notified that judgment was entered against you in this proceeding in the amount of 227. on November; 2007. Enclosed herewith are copies of all documents filed in connection with the entry of that judgment. Cumberland County Prothonotary By: This notice is given in compliance with Pa. R. Civ. P. No. 236 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BUCKEYE RETIREMENT CO., L.LC., LTD. 100 North Center Street Newton Falls, OH 44444, Plaintiff, v. DUVAL DRESSLER and CHERIE DRESSLER 4908 Charles Road Mechanicsburg, Cumberland County, PA 17055 Defendant. NO. 2007-04465 IN MORTGAGE FORECLOSURE CERTIFICATION OF PLAINTIFF'S AND DEFENDANT'S ADDRESSES I hereby certify that Plaintiff s address is as follows: Buckeye Retirement Co., L. L. C., Ltd. 100 North Center Street Newton Falls, OH 44444-1321 I hereby certify that Defendant's address is as follows: Duval Dressler 4908 Charles Road Mechanicsburg, PA 17055 Date: November 27, 2007 Cherie Dressler 4908 Charles Road Mechanicsburg, PA 18101 Kevin T. Foge quire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BUCKEYE RETIREMENT CO., L.LC., LTD. 100 North Center Street Newton Falls, OH 44444, Plaintiff, v. DUVAL DRESSLER and CHERIE DRESSLER 4908 Charles Road Mechanicsburg, Cumberland County, PA 17055 Defendant. NO. 2007-04465 IN MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE The undersigned, Kevin T. Fogerty, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff, Buckeye Retirement Co., L. L. C., Ltd., in the above captioned matter, and that Defendants, Duval Dressler and Cherie Dressler, are not active members of the military of the United States of America or its allies and hence is not entitled to relief under the provisions of the Soldiers and Sailors Relief Act of 1940, 50 U. S. C. A. Section 520. Date: November 27, 2007 Sworn to and subscribed before me this 27'h day of November, 2007. Not Pu is evin T. Fogerty, ui e NOTARIA! sEA! KAREN CLYMER Notary Publlc A!lENTOWN CITY, lEHIGH COUNTY My Commission Expires Sep 1, 2008 ~' `• Q W ~ '~ ~ Q/~ ~~? ^~a C~ =~ O %:.' rah ~,_.. }i` E ~r ~, ) ~ t ~~ .-~; .r; ~.J ~ _ r ~„~ `.' ~`.~ f f`t ~ ~ `~•~