The URL can be used to link to this page

Home My WebLink About04-2066 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: D<-f- c2-0(P' (l.~ VS. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, TYPE OF PLEADING CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE Defendants. TO DEFENDANTS: You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN T'~I:IY (20) DA)1S )'l].EjM SERVICE )IEREOF ~/ t::LL,Lif IY{J,A-I1.. UC"I(/ A EYS FOFfPLAINTIFF FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, et al. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS, 909 Hidden Ridge Drive Suite 200 Irving, Texas 75038 AND THE DEFENDANTS IS, 734 N orth West Street Carlisle, PA 17013 JV'>Lt2L~(aL~ L' 6 J ATT~~EYS FOR ILAINTIFF GRENEN & BIRSIC, P.C. One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 28l-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Borouqh of Carlisle 5th (err:, BORD, TOWNSHIP) (WARD) (Block/Lot) vt...:1.L..:2L LkW;{.tlol.L/L&'>C-/ ATT~EYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO. : vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 800 990-9108 STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 215 855-9521 LASALLE BANK, NA, F/KJA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1,1997, SERIES 199702, PLAINTIFF, ATTORNEY FOR THIRD-PARTY PURCHASER,CENTRAL PENN PROPERTY SERVICES, INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 04-2066 v. CHRISTOPHER S. RITTER and SALLY WI~FONG RITTER, DEFENDANTS. PRAECIPE TO WITHDRAW MOTION TO PERMIT SETTLMENT WITH SHERIFF NUNC PRO TUNC TO THE PROTHONOTARY: Kindly withdraw the above-referenced motion as the matter as been settled among the parties. Kerns, Pearlstine, Onorato & Fath, LLP Dated: d ~/~s- B~ . ph en M. HI.adik ~ Q, Q(- ~ "" ~ ~. ~ .~~ v' ~ ~\\.~ <:> :'6 __~\ \ n "'" F,:..p " LC %?, z-O ~ fj?f' ~O ..p :;:.< ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO. : vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated June 1, 1997, Series 1997-2, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated June l, 1997, Series 1997-2, which has its principal place of business at 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038. 2. The Defendants are Christopher S. Ritter and Sally Wilfong Ritter whose last known address is 734 North West Street, Carlisle, Pennsylvania 17013. 3. On or about March 17, 1997, Defendants executed a Balloon Note (hereinafter "Note") in favor of Equity One, Incorporated in the original principal amount of $60,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about March 17, 1997, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Equity One, Incorporated a Mortgage in the original principal amount of $60,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on March 27, 1997 in Mortgage Book Volume 1371, Page 781. A true and correct copy of t.he descript.ion of the premises is marked Exhibit "B", at.tached hereto and made a part. hereof 5. Equity One, Incorporat.ed assigned all interest and t.itle t.o said Mortgage and Note to Plaint.iff pursuant. to the t.erms of a certain Assignment of Mortgage; said Assignment being recorded in the Office of t.he Recorder of Deeds of Cumberland County on January 27, 2003 in Mort.gage Book Volume 693, Page 4098. 6. Defendants are the record and real owners of t.he aforesaid mort.gaged premises. 7. Defendant.s are in default under the t.erms of t.he aforesaid Mortgage and Note for, inter alia, failure to pay t.he monthly installment.s of principal and int.erest on said Not.e when due. Defendants are due for t.he December 21, 2003 payment. 8. On or about February 25, 2004, Defendants were mailed combined Act 91 and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. s101, et seq. 9. The amount due and owing plaintiff is as follows: Principal Interest to 05/03/04 Late Charges to 05/03/04 Escrow Deficiency to 05/03/04 Corporate Advances Title Search, Foreclosure And Execution costs Attorneys' fees TOTAL $ 57,341.42 $ 2,605.35 $ 156.55 $ 456.60 $ 610.46 $ 2,500.00 $ 800.00 $ 64,470.38 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $ 64,470.38 with interest thereon at the rate of $15.79 per diem from May 03, 2004, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN.& BIRSIC, P.C. BY: //~()LCt0(..JI ((/I... {l.iL- Kristine M. Anebou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" ", BAlJlJON Num 11IBFIIlALPADII!!lT1JJ<OI!ll11llll N011I:IS IlU1IRl'AIlt1ALLY GRU'ltlIl1Jl4N 11IB ftIIMOlIS PAY1III!NTS. YOIlMlJlltIEPAY11IBEII11IIIltnCPAlD1'IlNCIl'ALIWAlCt20F11ll1LOAN AND UNPAID ....,...... 'I1lIloI1ltIP. 1B&UINIlEll!lllNJlllll NO 0IUGA1QI1'O IUlIINAlfCII not WAN AT11IAT1IMI!. YOIIMU., .-...... BIIl1IIQUIIlBDl'OMAIK'AYMmCTOIlTOI' ot1II!lI A8lltD 11IATYlIU MAY OWII. dI YOIl1llLLBAVll'O JIND AI.1ll'IDU. WIIlCIIIdAY BlltIIE IJIIllJIIl YOO IUVI 1111II UJAIf wrnr. 1IIIJJNQ 1'0 U!IID \'OlI11IltalDNty. IP TOIl _ANCII 1111II toAN AT IdAtvarrY, YOII MAY BAVll'O 'AY lIOMI 01. AU. 01' 'I1It CUl8ING CO!ItI HlXlMlU.Y AIIllOl:U.11Ill _ A _ LOAN IlVIlt lP ftlIl OIITAIN 1Il!:rlNANCING _"11I1_ UlNDI!IL I'IlNNSYLYANIA VS$ 60.000.00 March 17, 1997 D... 734 North West street, Carlisle, FA 1701; ("'-'Y Add....) t. ::=~~ht~~::ytld.1Ptocnlleto"yu.s.$ 60,000.00 (~I~"crIIbIls u.Ued~.,tftK:tpa1.).'*Dihttetest.tOthecnderofChtt..eadet. 11\cl...cDr:krI. t.Q.\lJ-r,y une. 1l1col"pors. e _ 1._ llW dte I..elldtt ..., ItIuler IbII Na... tbe tonder '" Illy'" wh. ...IItl.NoIeb,_llIdw'" h_lotteel.....yme.........IbIoN...hoallccldte "N"'HoIcIcr.' Z. lNttRI2lt I....... will be _ oil doe .....Iot prIoo:lpIl.1IIlI dte fUII_ .r_lpal ha betn p3t. 1 will JlOY .-... II .,...tI.....oI 10.05cr lI. t_..lllbedll....._tlleprlllcipal...._p.ldl.lIlll. 1he In'''''' _ l<qIlIted b, dIl. _ Z h tlIe _I will po, _ bdlm IUId .110. Illy defleJr deatrlbod ill Soctiotl 6(b)ofthls NOlI. 3. PA YMEI'/TS I \\IUl ply prikip.l and tmeJett b, ftlI:khl.1 ~ et mouth. S.d1 of my IftQftthay ptymttltJ. ut.ept tot tbt JbIIJ raymnt.vtlltbolnthaWOUtUofU.5.$ .5:?8:76 . . AII..lbl alllCheduted PI)'DIcnIt of' prIncipal"lntltCltarenwlednthdr_~. till fbi" ytat.PI. WlU be U.S. $ 49.594.63 . l..tII.....myIllCllllhl1Jl11:_...... 21.t 11I101....._...._... Apt'i121. . 1997. I will ...b: the.. PO,_"eY.., _.... March 21. 2012 . oil whlcl"lale 1 wilt py In rutlaU ofthl: rtmIlftlft.pcin:..... ac:c;tUed. Itttttat and In)' DIfaer cblf'lel. deteribBlt below. tltaIl ntly owe Ut\iI!t IIIh 1'.... Vnl... .....'lcablo 'aW PlO'ldco -.. all JlIYlI10ftb will be .....11ed fInt.. _ .... .....1<1 ....... '" the da.. .r po,....,. and the .......... Ifllly. ,.the uupaId prIncIp.1 balance. All, 1'" charwta. ",tI..d....... and ._. dlohon..... t_"""" ......_1IIIIlo Ilylhc _H_tu _ dill N"'IIIll1", "'p.-. tile NIlU:lklId.... ,........ uoder tile Soturll\-I.......... (eo oltllocd In_ 9\..1ll be _ _1,. lwlllftllb~triVtId&I,.tIIltneNl.t 523 tel1oW'$hip Road, Suite Z:<:O llount Laurel. NJ 080~4 ",.ra dlne- pI... II requJled by the N... H.Idet. .. 1I01UIO\tt.It'8 Dmr '\1) _AY I &:aYI!! the rtt!d: ta SbIle p.ymmtI of prla:oipaI at aay ttll\C bcflm by ate 4ue. A ,.,...t of p~ ani, .. baawII .. . "PH1'I)'RIertt.- I ...., -. IlIII ,.....,.._... partlaI P1....,....~ "iIhoat PI,"'''' (lIeJI'YmelUl>Illalt1o. Th. N... HoIdor will .....Il .1.., __,....s"" 1ho.......tefprlncl...lllWl ""...-tbh N.... IlImateaporllal__lhon witt be II) c:h...ln the due delftS ctt PtOUIU ot att monddy pI,.QltnIl t1t11w the NoIe MoIdet .peel In WrlUqlO IbMe th......1!xtopl u ~ ,.,_ 5. tile Nme Holder .....1lIY plOPOld _ cIIa... II tile _tbo..... h _ .... !to part alft..1IIlie .."'_111 pay illfUII.-oI_. 5. IDAIf ClfAItGIl:S It. t.. or t1:su1M1ort. .b1chappllel to U.h taaa..w -bltb Ids nwthmmIl.,.n chaqet. II n_11)' hderpMtd SQ Chat the Itttcrest 01' Other IOU! dwJes CO ~ or to k CDllKled III ~ wtth Ibl.lottl txCeed the perntltted UmllJ. Jheli: m lilt loth....... 0lIll1.. etbei .... cIIarpa ohal1 be _ by tile _ _..., .. led... III. Inten:.. ....1.. llIhor loan th"... to tbe pmolUod lnoll: 111II (10 IIIlY ..... ....ody coIloaod ftem me ..bloh ",""eel P'''''1Uod 1IotItt ..III ...__ m tNI. na. Noll!: itotder may clome II:) ~lb dala teftmd by mlueb:ll tile prlD::ipall atIr~ Ulldcr Ihll NdIII at by makl... dlrcet paymari: to N. tf. ~"'ad tttucea prtDt~. d\t RduttIon will be tteIJed. U I pUt1aJ ~ymem.. U. vm ova sso.lIDI'lST FtXlIb ItAtt AI Mttl N011I NO",. OIll'lDIt: 1&>a1*1 PA~IOII] NnMlll1l'Q. rEH ErO/ZIOd m-l . 3AO~~~'=O~I'IVN8V-WCJ ~ !lId~ l: Z I ZOOZ-OZ-Jnv o. BOJIIlOW1!a'S FAILURIl TO PAY AS RIrQlJl1lBll (Al UII: CIIuI<' fbr o.e_1IymetdJ If the NoIe Halder hi. not rec:..vcd tba fun IItIOIIUI or M, monthly pl)'fttll1lt h)' the BIld at tu (10) I:..tendlr day. Ifter 'he dale k II clue. 1...1 pay . .... d........... _ Halder. The _.1"" dla... *111 be fi.......... (5!111 ., my _.locI ...,....11I '" ptladpoI ud ~_. I *111 ""' Iblllalo -,. p"""lOllY lout ..ry ._ .n .1tlI1.1e......... AIIl' I"" cJwae .11I be .. -..... ........ .. .... ..... -illa ptlaolpal far eoch day the ...".,""11"". lB)llelIalt IlldallOlplythaftdl_ "'__y~..tIle..... tilldua.ld be "_Il "I...to oftllal. IIIId .... adlbIIl ptIndpa1.....111 01 ilIla .... II .... S50,CIOO, .... II... Halder ...,. .....bo ... 10 pay _Itly .... fiIlJ .apaJd pdIIctpal-. p.... _ m1.....Id....... m1.., _ _I......... _Ibh..... II_or. If.... arIlhlll prillttpal_1I 0I111j/ I_II SSO.OOO ...1eI1, ....1..... _lI. .... IIaIe Halder ..... ........ . _co_ lellhls ...1Iw III do... pi,.... ......... _ pIaI.......lfI!d..... ud _ bJ. _ d'le die II... H.lder may 1tqUInt...1O PlY llIIIIIOdlllilJ .... 81J ~ pdocljtal........ plat........ ud....old In_ m1ll11_ _11hen .... _.dllll.... TIlII dale .......a1..... 30 days .ftor die....... _.... _ blllAlled...... ...lIk II." 1IIlIIed. 30 day, ... tba dale .. w111d1 k II ............ (CJ No Wllver By "ote H~" E... II. II . tilDO ...... 1 ... "clef MIll .... II... Halder does oat ....Illla ... ... \>II' IaInIellIo/ely In lull .. deIctlbed above. tbo Nate Halder wllllIIU !weihe r!IIllkl .....11 1...10 _k at .1I1ot_. (0) ,,"yme.. .1 "ate Halcltr." ea..1IIII1lIpttlxt II J d.lauI.. _ .. ..I .lIa "ale Halder .... ..quInod me III pay lnllnedlllely III fIIlI u dacrlbed ....... Ihe "ale lI.lder....1I "'...... nslll'" be pad back bJ... fbr .lIell1l_.... _Ill mr.n:lnglltla 11...10.... ...... oat prol1Jblled byapplleabl.I... l1IaI, ._InI:_. Ibr euq>le. .........1. _" !eel ..I proltiblted by opp'ltabl. Ii.. 1.-\11 .... pay..harp .ISIO p......,...... _.,... toracb d~ .....t. drift or _ i_tv blued by me In ptyrnCllt aft thtJ loa. 7. GlVlNGOFl'Iancas UnJt:lII tpplieablll bw fllQVUr' . dUft:t8nt metbod. all)' Dtlttte: that itlUIf: he Jiven tD .. und&t tl11.. Note wllt IJIl! .hen by dalivariq it or 'r _line it. by tir. CWI ttWI flIlIti! .t tJae Property Addreu above ur .t I dilferettt addtell If t Ii\rt!! Ibe NOle Hold!r a tI.Otice 01 my dltl'mllldcfi'tls. Any rtolke that must bt e1'\'e11 to the Note ttolder Uhder lhil Note will be IIvetI by 1IlI111DJ it by flnt tiN_ DlIIIIO !he N... R.lcItr "' Ihe _ llated b. SOC.... 3 above or II. dllft:_ od_ 1/ I... given i _ ./ Ibll dllft:rcnt add..... 8. 1k.nu.u~1!a'. WAlVEltS t waive my tilhts to n:quIre t1e Nota RoIdet to do eerttltllh.lnJl. Thule tbllllllJl!: (A) 10 dematld pa)'mtM of IltKtUtltI due (Icnowh Is "pmcatmeDl~); ell) to Fve notb that IIboUIItI dlle htve Bat h..b pa~ (kno1tu u -aotk:e at dkbonor.); (C) ,. _In In alfIct.l..tUIItldoaof'_.....(bawI u i._oJ. Aayone 01.. (II who ._10 koe1> Ihe prombeI """, In thll ".... or (Ii) *ha ...... to _ _ ... Ihe 11011 H.ldor If I filU 10 bep lilY pratnloa ul1der tltl. N.... <It rill) wb. .ISO& "'1111"''''_'1'.. _....(bawI.. ._. _..... ...........)..... _...... riJlttt. 9. 'I1IIS 1'I01'E COVEIIEb Bl' A ACtIIlITT lI'fSJIII1MI!NT A securil7 1-.....0/.... dala_'" ._ptl...,..".... __"""!<ole R.Ide, iIont_lble ,..... wblah 1n'&IIl ....It If I .... loat bop .Ite pratnl... ..blclt IIn.to In tIIb II.... 1111. "ate II ...am! by that Security JnstnllltCnt. tbat Security lnattuiJtr.pt deJerlba haw IIld ander.bat toDltitloa_r may be requited to make _edl:ate PI)'1neDI In IIIll .r lIlll_ ..... I awe..ar tbll N.... If I d.m bop.... p....... wIIIclt I make ID tIIb N.... I..", I...... rell pnlJIIlt)'. 10. RtSl'OI\ISI8lI.ttY OF m:soNS V1'lIIER nas NOTE If IPQIRI \ban 0tJc ~ ..... tbu Hom. ~ atll. .. ftllly ad pcnonany oblllUlld. 10 ply tbe ftdl ,moaac aQd plo' .be .~.... cIetcrIbed ID _16(Al.... 8(tl) IlId t. bop.U .1.... ptnOlltet made In tIIb N.... Ally.....-. ....IY. .' .nd.......r lite N... (a _oed I.""'" 8 ._) b.... ...,......... do t!Ia.. tItl.... The Nate Halder _..1'Dree \11 rflhll """et lItla N... .1"..... .1tlI of u Indlvldaolly or....... 011 01. .......... 'IItli......1Iw lIlY one .f....., be required ..p",.1l ofllle......... __tblo_. Aft! IJerlOll who om ewer:'1Y t11!d1 M ~1!oIOjl~~ .,........ ~:. ~ .w. have In tI' 1ft)' rlahtllnd IltUII btp .11 or ttt)' ptol1lilitillhlde in tbla Note. AD) penon. who __ over IIle rlfl'bi or ()bllllUaM of I ~. IU~. at ebdotser 0' till, N... (u dlatribcd la _I.t....) 10 .... nbl,,1Ied Ia bop llI.r... ptatIIJMo ...... III tblo N".. (CONt1IIl1l':D ON PAGB 31 lEI-! mmOd 121-j . 3^~9~130~nVNaV~WOJ~ Wdel:ZI ZOOZ-OZ-J"V II. API'I..1C4Bt.B LAW _ "'... Is IIlIde __ Iv .... A1....tloo M....... TI~ ......, A<t '" 1982 md Ippl_o R:Jl1IIItloaI. 0dIeIwi0e. Iv......_... _d br _ "" lit .....1_ or _lIPPD<obIo _law. PwlJyI.....I... ....... IhII "'.... ............ol.ceolIlo _IIlJJIlOVlIlollolIlllllNae......., _llfl'edoly_..._I...or ......Ift effect u 01.... dIIo "'f.Js "'.... ...._.Iaw or",- ohIIl_ fa.... _I or_ ...Oitlllld.... ......1<tIq_......-.s IoddaX..._'" __ AII_",- orIhllX....... .......1lI11y_.... UKI uIareabIl. WlTN1!$5 TIIIlIlANlllSl ~ V SBALl8) oP TIIIlllllDl!ItS\tlNIlD. ~ ~. JII }E:fI !ltttPr FONG inTTER (Sell) -..... (l'H') - 'Sell) 1IomJw... (SoIl] Do......' rSH m/rlH Sll-l 3AO~~~130lMYNEl"'-'OJ~ Wdg l: II lOOZ-OZ-JnV EXHIBIT "B" LEGAL DESCRII'TION ===================;:=================~==:==~==-=~===========~======== ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Fifth Ward of the Borough of Carlisle, Cumberland Cour,ty, I'ennsylvania. bounded and described as follows: ON the East by 60-feet wide North West Street: on the North by land formerly of William Gates and now or formerly of Walter N. Bond. II, and wife, and of Michael Kitner; on the West by Factory Street; and on the South by land now or formerly of Russell Sutton, and col,taining in front along the western line of 60-feet wide North West Street a frontage of 75 feet and extending westwardly therefrom at an even width a distance of 210 feet to the eastern line of Factory Street. THE above described tract of land includes all of Lot Nos. 3, 4 and 5 of Block No. 18 as laid out and shown on the Plan of Lots adopted by Carlisle Land and Improvement Company and recorded in the Recorder of Deeds Office in and for Cumberland County in Misc. Book 11, Page 572, on which there IS erected a two-story brick semi-detached dwelling house known as and numbered 734 North West Street. BEING the same premises which Timothy J. Brobst and Donna L. Brobst. by Deed dated 1/26196 and being recorded in Cumberland County Deed Book 134, Page 314, granted and conveyed unto Christopher S. Ritter and Sally Wilfong Ritter, Mortgagors herein. . ;; .~, "l1""sylvanill } . :'" .,r Comberland 58 1s. :'.. :fit'h~ offIce for the recordil'lg of O...s . , rnberiand Cou I " " ." l ~~ t .." ~ , . ... .or "'8 9"' .:" ',. ,'.!~..::~ . of .,. _ fl" .). ',,' ;0. ~. ... \ . . -;-.':.\ ~~IS day ~1 ,~~ _.\-.....S~'!.,'~ i ~-A:...~.,.. ~J~Jt4:,>..:..,:' -, ,,' ;;'""'......... ~ -~ ......~~... ..'I ... R r "'".: ~ I ,,' . . , . o' ,-' i1;' ..' ,- ~.. -'~.. .. " -. ~ " . BooKi371PAGE. 787 ."':.,"- v~I_J ~unJaln'J ~71_1 . ::IAn)JI'l\J'::In)JIoI.I\I~ICI\I_WnJ J wrJc I: 71 7nn7_n7_II'l\l VERIFICATION The undersigned and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa C.S.A. S 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. _~"'4"" /vf//?'./t. .~~ -. ~ ~ ~ 0<"") <><::\ 'I--' ~ 0-J U[ <--J'-.. \ <J... c-' ~ d' 0; ,VlC> "" c:- ("', /- ((/J ...., => :.:~ o ., ::;J f'i'iFD \Jrl1 :~(? '30 ~: -H -;c5 ~5rn :~;! __:J -, -< -I --.,'.. c.) t::__:) -.J SHERIFF'S RETURN - REGULAR CASE NO: 2004-02066 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NA VS RITTER CHRISTOPHER S ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RITTER CHRISTOPHER S the DEFENDANT , at 0931:00 HOURS, on the 11th day of May , 2004 at 734 NORTH WEST STREET CARLISLE, PA 17013 by handing to SALLY RITTER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.45 .00 10.00 .00 31.45 So Answers: r~~ R. Thomas Kline 05/12/2004 GRENEN & BIRSIC Sworn and Subscribed to before By: LJ~. ~ ~putr1~ me this /3 f:I.... day of ~ dA,.....<:) Y A.D. A-.~:"" ~_L_ -".' .A'I"^' CJ Prothonotary'" '-J SHERIFF'S RETURN - REGULAR CASE NO: 2004-02066 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NA VS RITTER CHRISTOPHER S ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RITTER SALLY WILFONG the DEFENDANT , at 0931:00 HOURS, on the 11th day of May 2004 at 734 NORTH WEST STREET CARLISLE, PA l7013 by handing to SALLY RITTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 -.,p""'" -' /,,?? :r~~-:r-tP'~ R. Thomas Kline 05/l2/2004 GRENEN & BIRSIC Sworn and Subscribed to before me this I::J~ day of ~ ~....o Y A.D. 1J.. c.J . . .. -".. - ~ ,..... - .4.. ".~ tI Prothonotary ( - ~- By: 4~ lA)orIIJ~~k . Deputy She~f:'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL ISSUE NUMBER: vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendants. CODE - I hereby certify that the address of the Plaintiff is: 909 Hidden Ridge Drive Suite 200 Irving, Texas 75038 FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, et al. the last known address of the Defendants is: 734 North West Street Carlisle, PA 17013 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. # 77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 GRENEN & BIRSIC, P.C. /:, l~//I' f) i c/ / ...ltc ilL L /LU C (..tM/LAY ,''''''''- At20rneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., P/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: please enter a default judgment in the above-captioned case in favor of Plaintiff and against the Defendants, Christopher S. Ritter and Sally Wilfong Ritter, in the amount of $68,936.79 which is itemized as follows: Principal Interest to 01/25/05 Late Charges to 01/25/05 Escrow Deficiency to 01/25/05 Corporate Advances Title Search, Foreclosure and Execution Costs Attorneys' fees TOTAL $ 57,341.42 $ 6,821.28 $ 407.03 $ 456.60 $ 610.46 $ 2,500.00 $ 800.00 $ 68,936.79 with interest on the principal sum at the rate of $15.79 per diem from January 25, 2005 and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRENEN & BIRSIC, P.C. I ~.u . lj.,/ /) .' 'v.-- Ij ,. _ VA. UC Y '" C{A-/LL-t Kristine M. Anthou, Esquire Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. ,;:/ r/./sJU /L/"-:Jv 1 (2 Lt. Ad ;-- Sworn to and subscribed before me this ,;l(,,-H. day ofI~ , 2005. EIA~n{~A~. _ Notary Publlc COMMONWEALTH OF PENNSYLVANIA Nolanal Seal Gerald L Potter. Jr.. Nola!)' Public C1lyO!PIttlItlu~,~Counly My Comrn_ EJcpit8s Dec. 10, 2007 Mom..., pe<lno'll..nlo AlOO<Iatlon Of Notari.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. TO: CHRISTOPHER S. RITTER 734 North West Street Carlisle, PA 17013 DATE OF NOTICE: January 10, 2005 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 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 TWO LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 800 990-9108 By: GRENEN & BIRSIC, P.C. ~-. \.l OUA-Cq7(llkUL G~ Att neys for Plaintiff One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. TO: SALLY WILFONG RITTER 734 North West Street Carlisle, PA 17013 DATE OF NOTICE: January 10, 2005 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 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 TWO LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 800 990-9108 By: GRENEN & BIRSIC, P.C. J JLL'~ {LI..-Li..G~ Atto neys for Plaintiff One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID ~ 1f ~ -lg. ~ () r ...... ~ D f' -J ....., \) C::-~') 0 ...c:l (~ fJ c.:~n -rl ~ ~ r- ...., '-1 ~ TTl :'C:-n = rt1-...,' lU' r'.' ~ I -,.,rT1 ~ ::)n ~ ~~:~~ f,~) -t:- :r~ ~W~ 3: ~ _"'J <E'~ _,0 N .....,;;: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated June 1, 1997, Series 1997-2 ( ( Other File No. 04-2066 Civil ) Confessed Judgment ) vs. Christopher S. Ritter and Sally Wilfong Ritter Amount Due Interest Atty's Comm Costs 68,936.79 2,272.41 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) 734 North West Street, Carlisle, PA 17013 County, PRAECIPE FOR ATTACHMENT EXECUTION issue writ of attachment tothe Sheriff of Gounty, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 01/25/05 Signature: Print Name: Address: 4{) ,1.( ,C ~ '--/ '(if.-..JL C'-.^-P) {l,G. '--A CC,L. Kristine M. Anthou One Gateway Center, Ninth Floor Pittsburgh, PA 15222 Attorney for: Telephone: Supreme Court ID No.: Plaintiff 412 281-7650 77991 (over) N ~ [ Q2 7.JD #=-~ ~ - ~ Ii" r C)- --0 EJ ~ '2 w p - . +- kf t () r--. ,~ ~ ~ ~ \ I ):~ -(,.., -- }.J RJ-4l~~ >k,. ;-0 w-.;.. .t . . . . :-Cr) ~ 8 B B .l:;" c., ~o I \ I .\J I ~:tJ - :: , ::: ~ ~ f , ~ ~ . - ' {);:) ~ - - -" ~ ~~ ,...., ",":::') (y ~ ~n """1"1 ;.~ G3. f{"i ~~ I -1jfTl ~36 ~\> i:~_1.l ~~~. ::e:: _~'".C J _ (',~')m ::'" "'" -<. :':1, N .< - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2066 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK, N.A. F/KJA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE I, 1997, SERIES 1997-2, Plaintiff (s) From CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER (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 defendaut(s) not levied upon in the possession of GARNISHEE(S) as follows: and to nolify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) [fproperty 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 $68,936.79 Interest $2,272.41 Arty's Cerom % LL $.50 Alty Paid $129.45 Plaintiff Paid Due Prothy $1.00 Other Costs Date: FEBRUARY 1, 2005 CURTIS R. LONG (Seal) Prothonotary ~y: ~("J....-, _P.7r&-/lA/f~ / Deputy REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQUIRE Address: ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, P A 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court lD No. 77991 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 734 North West Street, Carlisle, PA 17013 are Defendants, Christopher S. Ritter and Sally wilfong Ritter, whose last known address is 734 North West Street, Carlisle, PA 17013 to the best of her information, knowledge and belief. /\ /'1. / /. ... Y' VG (} L ( 'j>c.P7<.. if.. /C. lA. t-r----J SWORN TO AND SUBSCRIBED BEFORE ME THIS r:lc:ti.J Notary Public ,2005. , COMMONWEALTH OF PENNSYLVANIA Nolanal Seal Gerald L. Potter, Jr., Nola!)' Public CIly Of PIflsburgh, Allegheny County My CommIssIOn ExpireS Dec, 10,2007 Member, Pennsylvania ASSOCIatIon Of Notaries "', c'=' ~;;:;l (;J'l .." I"T1 co I () ~l'l --, -,- rii:n r- :?rr.: .,,Jc.... ;)~~~ ......J "-I ~S ......:;: ;r::;.. ::r~: f',:J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on or about February 25, 2004, Defendants were mailed combined Act 91 and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. 5101, et seq. j 0 <2 ( ( ".<:.fJldA- (/( ,d )'---. SWORN TO AND SUBSCRIBED BEFORE ME THIS <Jc. tiJ DAY OF ~ ~~~6 . Notary Pu lie -.. ,2005. COMMONWEALTH OF PENNSYLVANIA Nolanal Sea! Gerald L. Potier. jr" NOIary Public City Of PitIsburgh, Allegheny County My Commission Expires Dec. 10,2007 Memblt, P.nnlylvan'l AUOCIatlon Of Noblrlea ~ "", """ """I f""1 c.V \ - .----- ;: .-, ':':11; --I "'-4] f'iir:;'" ft"'\ :n \-) '~~~I~ .',,, i 11 ;'0-) ';::.\ ""-.,. ,olD :...< - - - rv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COUNTY OF ALLEGHENY ) ) SS: ) COMMONWEALTH OF PENNSYLVANIA LaSal1e Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated June 1, 1997, Series 1997-2, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Christopher S. Ritter and Sally Wilfong Ritter located at 734 North West Street, Carlisle, Pennsylvania 17013, and is more fully described as follows: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIFTH WARD. BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A TWO-STORY BRICK SEMI-DETACHED DWELLING HOUSE KNOWN AS AND NUMBERED 734 NORTH WEST STREET, CARLISLE, PENNSYLVANIA 17013. DEED BOOK VOLUME 134. PAGE 314. TAX MAP NUMBER 06-19-1643. PARCEL NUMBER 309. 1. The name and address of the owners or reputed owners: Christo~r S. Ritter Sally Wtfong Ritter 734 North West Street Carlisle, PA 17013 2. The name and address of the defendants in the judgment: ChristoBher S. Ritter Sally Wif(ong Ritter 734 North West Street Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: LaSalle Bank, et al. Plaintiff Charles H. Palmer 1506 Shirley Avenue Carlisle, PA 17013 Borough of Carlisle 53 West South Street Carlisle, PA 17013 Commonwealth of PA Department of Welfare P. O. Box 2675 Harrisburg, PA 17105 4. The name and address of the last record holder of every mortgage of record: LaSalle Bank, et al. Plaintiff Guy Fry 508 South Market Street Mechanicsburg, PA 17055 W. Thomas Hostetler 508 South Market Street Mechanicsburg, PA 17055 PA Housing and Finance Agency 2101 North Front Street Harrisburg, PA 17110 5. The name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Individual Taxes Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Domestic Relations Office P. O. Box 320 Carlisle, PA 17013 Tax Assessment Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant (s) or Current Occupant (s) 734 North West Street Carlisle, PA 17013 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. BY: ,,') .. '1'" /, , . ,-. c-(k ..2.L ( "-L . f( CLf' (. /.. cC..... Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me of J010d ,2005. ~Notary Public COMMONWEALTH OF PENNSYLVANIA Nolanal Seal Gerald L Potter, Jr.. Nola!)' PullIic Oly Of Pilfsbu~, Allegheny County My Commission Expires Dec. 10,2007 Member, Pennsylvania Association Of Notaries Q ~,'O; .....' ~g <;.J.\ -4 rr-; OJ t , (,' s:;; :~ . - CI -"'1 .-\ :1: "" n'\r,::, -rJ(,.., :n ( , " ~,.) ~As+, ~-:,:? ~~~\ -~c;-,\rrl '.,2 '51 ."" :P': :;c - ._- .. N - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04 -2066 CIVIL vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: SALLY WILFONG RITTER 734 North West Street Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there wil1 be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS' HEARING ROOM, SECOND FLOOR ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17103 on June 08, 2005, at 10:00 A.M., the following described real estate, of which Christopher S. Ritter and Sally Wilfong Ritter are the owners or reputed owners: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY, ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIFTH WARD, BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A TWO-STORY BRICK SEMI-DETACHED DWELLING HOUSE KNOWN AS AND NUMBERED 734 NORTH WEST STREET, CARLISLE, PENNSYLVANIA 17013. DEED BOOK VOLUME 134, PAGE 314. TAX MAP NUMBER 06-19-1643. PARCEL NUMBER 309. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, Plaintiff, vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. at Execution Number 04-2066 CIVIL in the amount of $71,209.20. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the time and place of sale. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PENNSYLVANIA 17013 (717)249-3166 (800)990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortqaqe Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: <f """'" /).l /' /(c(l( L ^YX (>LA (.{ i'... Kristine M. Anthou, Esquire Attorney for Plaintiff ~' o ~-:; ...., C? <=:;:;'l <.n ..." rrl "'" I ~ -,< :J: ."') rnf'~,: -en ~_C? cc. ::i s:\':~ L--,I (;J('-) -)',. ",,;, .':f-") I 1 ::::\ ;~j :< :S:-,.. :J:: N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: CHRISTOPHER S. RITTER 734 North West Street Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS' HEARING ROOM, SECOND FLOOR ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17103 on June 08, 2005, at 10:00 A.M., the following described real estate, of which Christopher S. Ritter and Sal1y Wilfong Ritter are the owners or reputed owners: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIFTH WARD, BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A TWO-STORY BRICK SEMI-DETACHED DWELLING HOUSE KNOWN AS AND NUMBERED 734 NORTH WEST STREET, CARLISLE, PENNSYLVANIA 17013. DEED BOOK VOLUME 134, PAGE 314. TAX MAP NUMBER 06-19-1643. PARCEL NUMBER 309. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, Plaintiff, vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. at Execution Number 04-2066 CIVIL in the amount of $71,209.20. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution wil1 be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the time and place of sale. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PENNSYLVANIA 17013 (717) 249-3166 (800)990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortqaqe Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: c/~f")(( ,,-~/}((2,( (,( c(~ Kristine M. Anthou, Esquire Attorney for Plaintiff (i (~~ S! .....' 'C~? (.:..::1 c.n -., fT\ OJ I Q -n ":;:I :.L-r; rni';-':' """'Jrn -u9 i;fj ~3, ')t,"'j'i /".\ ~:::'I ~~ ,,~ :.1': N . .' SHERIFF'S SALE DATE: JUNE 08, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL ISSUE NUMBER: vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. TYPE OF PLEADING: Pa. R. C. P. RULE 3129.2 (c) (2) LIENHOLDER AFFIDAVIT OF SERVICE CODE - FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, et al. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. # 77991 GRENEN & BIRSIC, P.C. One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. Pa. R.C.P. RULE 3129.2(c) (2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Attorney for Plaintiff, LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated June 1, 1997, Series 1997-2, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated February 8, 2005, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1, U.S. Service Postal Form 3877, and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. Sworn to and subscribed before me this i ~\tL day of M(t,c,{ ~J~~ Notary Public :,:,DMMONWEAL TH OF PENNSY_l.YANiA i--- Notarial Seal I Gerald L. Potter, Jr., Nato'\, -i-nile City Of Pittsburgh, Allegh,,,,, :,""oty I My CommIssion E!Ir.:=.o.e'_. u. 2007 Member, Pennsylvar.iat.,':,~[)Cldtio Of Notaries GRENEN & BIRSIC, P.C. BY: , , " ./ 'I ,) (. , -- '1/ /.-( "'}c ' .'- L.../' ),_ (.}I':"t.'A ,,(1-- Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 , 2005. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: ) COUNTY OF ALLEGHENY LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated June 1, 1997, Series 1997-2, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Christopher S. Ritter and Sally Wilfong Ritter located at 734 North West Street, Carlisle, Pennsylvania 17013, and is more fully described as follows: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIFTH WARD, BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A TWO-STORY BRICK SEMI-DETACHED DWELLING HOUSE KNOWN AS AND NUMBERED 734 NORTH WEST STREET, CARLISLE, PENNSYLVANIA 17013. DEED BOOK VOLUME 134, PAGE 314. TAX MAP NUMBER 06-19-1643. PARCEL NUMBER 309. . . 1. The name and address of the owners or reputed owners: Christo~r S. Ritter Sally Wifong Ritter 734 North West Street Carlisle, PA 17013 2. The name and address of the defendants in the judgment: Christo~~er S. Ritter Sally Wi~ong Ritter 734 North West Street Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: LaSalle Bank, et al. Plaintiff Charles H. Palmer 1506 Shirley Avenue Carlisle, PA 17013 Borough of Carlisle 53 West South Street Carlisle, PA 17013 Commonwealth of PA Department of Welfare P. O. Box 2675 Harrisburg, PA 17105 4. The name and address of the last record holder of every mortgage of record: LaSalle Bank, et al. Plaintiff Guy Fry 508 South Market Street Mechanicsburg, PA 17055 W. Thomas Hostetler 508 South Market Street Mechanicsburg, PA 17055 PA Housing and Finance Agency 2101 North Front Street Harrisburg, PA 17110 5. The name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Individual Taxes Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Domestic Relations Office P. O. Box 320 Carlisle, PA 17013 . . . Tax Assessment Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every knowledge who has any interest in by the sale: other person whom the plaintiff has the property which may be affected Tenant (s) or Current Occupant (s) 734 North West Street Carlisle, PA 17013 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. s4904 relating to unsworn falsification to authorities. BY: U'~ <2.L <1..<..71,( u..kC L-<:.IL.- Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me d of -=rn~ 0 d ,2005. .Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gerald L. Potter. Jr.. Nola!)' Public City Of Pif1sbu~, Allegheny County My Commission Expires Dee. 10.2007 Member, Pennsytvania Association Of Notaries - .. ~'i ;;;... ",,,, -0 "-'" ~~ ciI ~! ~ 2"O:'!O ~"." c \'\ ,tl)'e c. <t) ~~ ~~O~:s ~c:. !S,,"'e"O 2'0 . ~ ift~g<'G~SQ;)~ .~~1::2'~ '8.....0'" ~~'BO~O" , o .. ,..... c'l ~ ~ ~ <;; . \ <;; <;; > , " ~ " t> It- '" o \ $I ~ ~ ~ '" ~ 0. ~ \ ~ ~ 0. '$ o 0. ~ III ~ <;; 10. \ \ \L = H ~ lie ~ \8 -o"ictU) ~scll ln~ 0000 \ \ \ ~ \, \ \, 8 \ ~ \ i <e- I \ \ ti (1)\ \ v), l ~\ .s:. ~ ';j\ ". ';;. .. ~\ ..4;.. " '. .p.... U:I \..\..4'. ' " ~ O\Y2\'_.& ! ""'f?"I..bll. <=' ,,', ~" \ %\><\.f,\ i t\'6\.~\ ~~\~\ \ \ I , ' ' 1'~ c '\;)$ \ ~ E ~ '0 \1 ~t .\ \01\\ ~ &g8~; "'0000 {; ~ j '-' , ~~ 11\ X-o . '9. . ~.c ~ ':i 'a\ ~ on " ~ % -7. ~ ~ .~ '-'. .~ ~~'J,\ t3~-: z '<i':. '" "" ! '" . "- ';a~~ ..., ?> ~.- ~~l<' \>I"'''' ti '" ~ ~~t. <t'. p... ..... o of, ,..-l 'S ~ ~ ~ ~ p:. ..... o '" ~ ~ ~ @' P <t'. p... c>l .;. oJ <..> ." ..... ..... o <Il ~ ." '" ro 1 <..> ." '" <Il ~ P c<i oJ <..> ." ..... ..... o '" m %, <Il oJ <Il .2 ~ t-' r- <Il -../ '" P ~~ ;~ -../ '" ",P g~ l::~ ~3 ui i> t \ ~ \Y,~. .. - ... ~~ ';Q p ... ~j;. E ~." 0 ],!:., u.. ~~ ~ ... - .. - - \ \ \ \n .. 0>" ~~ \;t~\ ~tr-\ 0. ~~\ t ~ ="O::~()\ ~ <l' ~ l~ ~ i \ r"'cS:~ xC: \ tO~S~~';;Q- a;\ trJ~~~'&s';~\ ~~t2 % 'B~ 4C'8'60O"'..... \ \ 91 1 ~\ \ . \ t ~ ~ ~ ~ ~ ~. .. < ~ ~ .~ c- ~~ i ~\ E,~~'-' ~Gla:1tJ "CltE~ t"'~., &-&.o:l1l GOOO ~\ \ ~'" " ~ ~ 0;. ~ if, ~ c l~ ~ 0~ C ~ ~~~ '0 \g~e:~ ~QOOUlS ~ 0000 -'Ii . 5 r r t \ \ \ \~ ~~~<< ",~Ci: ~~ ~""" . ~."'~ * ~ ~ 1-"". I, tJ: C ~ \..-- ~ ~ .<1' '-' '" . . '" ...~~ U\;,... ...."'ell Q \ (. :ji f ~ <fJ "0 ~ ~ ~ " c ~ ." " z \,'" \ \ \, \ U \ \ \ \ \ \ . 10' '0\ r<')' 1?J\ ~ B ~ q 4:1 ~\ (:i \' -3- '. ~~\~ 3. ~ ~ .\ w '4 ' ~ :9\".0 ~. \ifi ll. '!; t ll' ~ \ .. ~ ill ~ ~ '" :i:. ~ ... f, <l> Ii ... \ ~ III ~ ~ j ~. '"t.=.. ~ \() \\ ~ \E 1 "'i~ u.. ~~ 2 - --.- " :.,", ,--' ,',", ~..-"'- STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 215 855-9521 LASALLE BANK, N.A., F/KlA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1,1997, SERIES 199702, PLAINTIFF, ATTORNEY FOR THIRD-PARTY PURCHASER,CENTRAL PENN PROPERTY SERVICES, INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 04-2066 v. CHRISTOPHER S. RITTER and SALLY WILFONG RITTER, DEFENDANTS. EMERGENCY PETITION OF CENTRAL PENN PROPERTY SERVICES. INC. FOR AN ORDER PERMITTING SETTLMENT OF SHERIFF'S SALE NUNC PRO TUNC Third-party purchaser, Central Penn Property Services, Inc. ("Central Penn"), by and though its undersigned counsel, hereby moves this Court for an order permitting it to settle a Sheriff's sale nunc pro tunc, thereby staying a re- sale of the property, presently scheduled for Wednf3sday, June 29, 2005. In support thereof, Central Penn avers as follows: 1. Plaintiff commenced the above foreclosure action under the above docket number, seeking foreclosure and sale of the rr3al property located at 734 North West Street, Carlisle, PA 17013 (the "Subject Property"). 2. Pursuant to its foreclosure judgment, Plaintiff exposed the Subject Property to a judicial Sheriff's sale in Cumberland County on June 8, 2005. 3. Central Penn appeared at the sale, and successfully bid on the Subject Property, with a bid of $60,500.00. 4. At the sale, Central Penn tendered its 1 ()% deposit. 5. The balance of the proceeds was due to the Sheriff of Cumberland County by 12:00 p.m. on Friday, June 24,2005. 6. Through inadvertence, Central Penn bl31ieved the settlement date was Monday, June 27,2005. 7. Upon discovery that the deadline was Friday, June 24th, a representative from Central Penn immediately traveled to the Sheriffs office to pay the balance. 8. A representative of Central Penn arrived at the Sheriff's office at approximately 1 :30 p.m. on Friday, June 24th, with funds in hand to pay the balance owing. 9. The Sheriff would not accept the funds, Giting the 12:00 p.m. cut off. 10. As a result, the Sheriff has determined that Central Penn's deposit should not only be forfeited, but that the Subject Property should be exposed to sale in the Sheriffs office on Wednesday, June 29th 11. Central Penn has contacted counsel for the Plaintiff, and Plaintiff has no objection to Central Penn settling nunc pro tunc. Counsel for Plaintiff has executed the annexed Stipulation, which stipulation is; contemporaneously being filed herewith. This stipulation constitutes an agreememt by Plaintiff to accept the funds and amount bid by Central Penn. 12. It is inequitable to force the re-sale of the Subject Property when Central Penn was 90 minutes late in arriving at the Sheriff's office. The Plaintiff is agreeable to permitting the sale to stand and allowing the funds to be transmitted after the 12:00 p.m. deadline. 13. In addition, re-sale of the Subject Property in the Sheriffs office itself may not net Plaintiff the same amount of procl:!eds it was getting through this public auction sale. Plaintiff stands to lose money as a result of the failure of the Sheriff to accept the funds tendered by Central Penn. It also necessitates Plaintiff having only two days to obtain new bidding in:structions. 14. Further, creditors stand to lose out as a result of this procedure. The procedure of re-selling this property results in no notice to any creditor, lienholder or junior mortgagee of this re-sale. 15. While the fact that it is announced at the June 8th sale that any property may be re-sold if the settlement terms are not complied with, this is not an exact notice as required for due process purposes. This very procedure denies basic due process of junior creditors, as it places the burden on them to check whether a property will be re-sold. See, e.g., Mennonite Board of Missions v. Adams, 462 U.S. 791(1983). 16. In light of the foregoing, Central Penn requests that this Court approve the stipulations being filed contemporaneously herewith and that the Court grant this petition, and enter an order permittin~l settlement nunc pro tunc, so that Central Penn can immediately tender the balance of funds it is holding. 17. Counsel for Central Penn has sent copies of the stipulation and Order to the solicitor for the Sheriff on June 27, 2005. Counsel has also faxed the Solicitor a copy of this Petition. WHEREFORE, Central Penn Property Services, Inc. requests that the Court grant this petition and enter an order permitting Central Penn to settle these sale nunc pro tunc, thereby canceling the sale scheduled for June 29, 2005. Date: 6 (GI (b.s . Hladik, Esquire STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 215 855-9521 LASALLE BANK, N.A., F/KfA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1,1997, SERIES 199702, PLAINTIFF, ATTORNEY FOR THIRD-PARTY PURCHASER,CENTRAL PENN PROPERTY SERVICES, INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 04-2066 v. CHRISTOPHER S. RITTER and SALLY WILFONG RITTER, DEFENDANTS. CERTIFICATE OF SERVICE I, Stephen M. Hladik, esquire, hereby certify that I ser~ed a true and correct copy of the foregoing Emergency Petition on the following persons via facsimile, e-mail and first class mail on June 27, 2005: Kristine Anthou, Esquire Grenen & Birsic One Gateway Center 420 Ft. Duquesne Blvd., Suite 9w Pittsburgh, PA 15222-2312 (Via e-mail, facsimile and first class mail) Edward Schorr, Esquire Solicitor for Cumberland County Sheriff's 0 'ce (Via Facsimile) By: STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 215 855-9521 LASALLE BANK, N.A., FIKIA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 199702, PLAINTIFF, ATTORNEY FOR THIRD-PARTY PURCHASER,CENTRAL PENN PROPERTY SERVICES, INC. COURT OF COMMON PLEAS OF CUMBE,RLAND COUNTY, PA NO: 04-.2066 v. CHRISTOPHER S, RITTER and SALLY WILFONG RITTER, DEFENDANTS. STIPULATION AND ORDER. WHEREAS, Plaintiff commenced the above-captioned foreclosure action at the above-referenced docket; and WHEREAS, the real property located at 734 North West Street, Carlisle, PA 17013 was the subject of the mortgage foreclosure action (the "Subject Property"); and WHEREAS, Plaintiff exposed the Subject PropElrty to sheriff's sale at the Cumberland County Public Action Sheriff's Sale held on June 8, 2005; and WHEREAS, Central Penn Property Services, Inc. was the successful bidder on that date and tendered a deposit of $6,050.00; and WHEREAS, Central Penn Property Services, Inc. appeared at the sheriff's office on June 24, 2005 at approximately 1 :30 p.m. to complete settlement of the property by paying the balance due of $57.755.40; and WHEREAS, the Sheriff of Cumberland County refused to accept same due to the fact that it was past 12:00 p.m. on that date; and WHEREAS, the Plaintiff is agreeable to permitting Central Penn Property Services, Inc. to complete settlement of the sale nunc pro tunc. NOW THEREFORE, Plaintiff and Central Penn Property Services, Inc. hereby agree as follows: 1. Plaintiff agrees that Central Penn Property Services, Inc. may immediately tender the balance due of $57,755.40 to the Sheriff of Cumberland County which tender shall complete the balance due. 2. When Central Penn Property Services, Inc. completes payment of the balance due to the Sheriff, Plaintiff agrees that the continuation sale currently scheduled for June 29, 2005 will be cancelled, and the sale held on June 8, 2005 is confirmed in all respects. We have read the above agree to same. By signing below we consent that we have the authority to enter into this agreement. Facsimile signatures shall be deemed to constitute original signatures. LaSalle Bank, N.A. f/kla LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 199702 Bf.:,;"~~ <2f....'c ^-W;.( tu.bL ~ -Fistine M. Anthou, Esquire Attomey for Plaintiff Central Pen By: AND NOW, this day of June, 2005" upon consideration of the foregoing stipulation of the parties, the Stipulation is hereby made an Order of the Court. BY THE COURT: .1. VERIFICATION The undersigned, an officer of the Corporation which is the ---Dd- 'D <:ry-..Qr- in the foregoing r.~(7 fe f,hGv1 . and being authorized to make this verification on behalf of fe. hh~ hereby verifies that the facts set forth in the foregoing E: ~~ ) Pe ~ h 0Y' are taken from records maintained by persons supervised by the undersigned in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. g4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 6('07(oS a -~/~. l'neJ. NAME: Gregory K. Millen ' TITLE: President COMPANY: Central Penn Property ServicEls, Inc. - 0 ....., c:::> C~ ':'-:-_'"1 0'1 ~=- , :'::i',~ f'.) CO ~~~:. C) ~ i':....) 7J c') .-< TIf '0 STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 (215) 855-9521 LASALLE BANK, N.A., F/KlA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1,1997, SERIES 199702, PLAINTIFF, ATTORNEY FOR THIRD-PARTY PURCHASER,CENTRAL PENN PROPERTY SERVICES, INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. NO: 04-2066 CHRISTOPHER S. RITTER and SALLY WILFONG RITTER, DEFENDANTS. ORDER AND NOW, this ;;. ~ A day of June, 200ei, upon consideration of the Emergency Petition of Central Penn Property Se1rvices, Inc. for an Order Permitting it to Settle Sheriff's Sale Nunc Pro Tunc (the "Petition"), and the _ response, if any, of any interested party h!'lrein, it is hereby ~ ~J~ t;;;' ~ ') .,)-(10T ~S~.J~S-d~_.- / ORDERED that (il tlol8 p~ ill CR'\m 9' " . C Penn PrQP9~ c;c!;\li("(jt, IRS. i~ l::Iere(5) l5e.fRXli1teef t8 settle f:txle SRsrifif'a sale af Jt:lne 8, 2{)Q6 ..ill, l'e~81'd t15 the re81l3r8l3efl~ l15eetee at 761 NeFtI:1 '.~(88t gtreet, b:arlisle, PA17n~~ ~ ~/~, h ruftT~E'~ oR.DER.E5 t1'dl ventral t'enn ~'operty Services, IIle. shall t9Rt;!Qr tf:l9 r9R=1~irx1iA€l13alaRec to tl-le Cn~l;rr bGferc 10:99 a.r-R. SA JWR9 "0, .,nos; ORa it is FLJIHI1[R OFme:n[O tl:1at billeR t~Rger sf tA8 ealaRse, tl:1e al:1'i";fi of ,"'2'005. J. G' N :"> 0- ~tt{ , ~-f>~ ~ ~ i ~. .' ~ \iit\;'vl\lASl".,1~\~.3d 1 Ihl"~," ".., .." "",^'~"" l\j..J~) :~,/ ; ! :'.::' ','!,'::-"I'li Iv' L Z :2 l~d 82 Nor ~Dnz Ab'V10NOHlOSd 3Hl :10 ::O:l."o.mll::J - LASALLE BANK, N.A., F/KIA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING: AGREEMENT DATED JUNE I, 1997, SERIES 199702, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER S. RITTER and : NO. 2004 - 2066 CIVIL TERM SALLY WILFONG RITTER, Defendants ORDER OF COURT AND NOW, this 28TH day of JUNE, 2005, after consilderation of the Petition of Penn Services, Inc. for an order Permitting Settlement of She:riffs Sale Nunc Pro Tunc it is hereby ordered and directed as follows: 5.) The parties are given ten (10) days to reach a stipulation offact or to file a request for an evidentiary hearing. 6.) If an evidentiary hearing is not requested, petitioner shall file a brief in support of its position by JULY 18. 2005. 7.) Respondent shall file a reply brief by JULY 2:8. 2005. 8.) Argument shall be held before the undersigned on AUGUST 1. 2005 at 3:00 p.m. ~ Edward E. Guido, J. ~ - ~ ("') I- N '5 ~% n~ ;t:: r)h ff-- 0- ' 4.. .J-~ cl3 oi '" ,....~ '>':::: :5i ~~ ('J ~ ~i" t.......- \.1) !';D. ~ ~ '6 :::> (.) Kristin Anthou, Esquire One Gateway Center 420 Ft. Duguesne Blvd. Pittsburgh, Pa. 15222 Christopher S. Ritter Sally Wilfong Ritter 734 North West Street Carlisle, Pa. 17013 ~/}VL~ Stephen M. Hladik, Esquire 425 West Main Street - P.O. Box 29 Lansdale, Pa. 19446-0029 I.)qo{ 9-. LASALLE BANK, N .A. F/KlA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE I, 1997, SERIES 199702 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CHRISTOPHER S. RITTER and SALLY WILFONG RInER, Defendants : NO. 2004-2066 CIVIL TERM SHERIFF'S RESPONSE TO EMERGENCY PETITION OF CENTRAL PENN PROPERTY SERVICES. INC. AND NOW, comes the Sheriff of Cumberland County, by and through his solicitor, Edward 1. Schorpp, Esquire, who responds to the Petition of Centrail Penn Property Services, Inc., as follows: 1-6. Admitted. 7. Denied. After reasonable investigation, the Sheriff is without information sufficient to form a belief as to the truth of this averment and the same is therefore denied. 8. Admitted in part and denied in part. It is admitted that Petitioner's employee arrived at the Sheriff s Office at the approximate time on said date. After reasonable investigation, the Sheriff is without information sufficient to form a belief as to the truth of this averment insofar as the allegation that the employee had funds in hand to pay the balance due and the same is therefore denied. 9. Denied as stated. The Office of the Sheriff would not accept a tender of funds at that time. 10. Denied as stated. The Sheriff determined that Petitioner had not complied with the terms and conditions of sale and, as a result, the down payment would be forfeited and the property re-exposed for sale. The Sheriffs determination was in keeping with the terms and conditions of sale. 11. Denied. After reasonable investigation, the Sheriff is without information sufficient to form a belief as to the truth of these averments and the same are therefore denied. The averment that the stipulation constitutes an agreement is a conclusion oflaw requiring no response herein. 12. Denied. After reasonable investigation, the Sheriffis without information sufficient to form a belief as to the truth of these averments and the same are therefore denied. The averment that any conduct is inequitable is a conclusion of law requiring no response herein. By way of further answer, the Sheriff establishes the terms and conditions of sale which are binding upon all persons interested in the property, the creditor, the debtor, the successful bidder and unsuccessful bidders. The agreement of the execution creditor is of no legal consequence. 13. Denied. The averments of this paragraph amount to speculation and not averments of fact to which the Sheriff can respond. Further, Plaintiff was aware of the terms and conditions of sale and the last sentence of this paragraph is therefore denie:d. 14. Denied. The averments of this paragraph amount to speculation and not averments of fact to which the Sheriff can respond. The last sentence of this paragraph is denied as the relevant terms and conditions were published three successive weeks prior to the sale, announced prior to the sale, and acknowledged in writing by the creditor's attorney prior to the sale. 15. Denied. These averments constitute conclusions oflaw requiring no response herein. 2 VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. r::~~ ~ R. Thomas Klirte, Sheriff of Cumberland County Dated: /49 t:J0 if o ',:' - ,-..> <'.;:;::) = (__n C) -Tl .... --r rii~ :r:,:: ,~- <...' (:"l ,", ~~ .-< G') COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Central Penn property Serv Inc is the grantee the same having been sold to said grantee on the 8th day of June A.D., 2005, under and by virtue ofa writ Execution issued on the 1st day ofFeb, A.D., 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 2004 Number 2066, at the suit of Lasalle Bank N A against Christopher S Ritter & Sally Wolfong is duly recorded in Sheriffs Deed Book No. 270, Page 2361. IN TESTIMONY WHEREOF, I have he&nto set my hand and seal of said office this 17 day of SCHEDULE OF DISTRIBUTION SALE NO. 15 Date Filed: August 05,2005 Writ No. 2004-2066 Civil Term LaSalle Bank, N.A., f/kla LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated June 1, 1997, Series 1997-2 VS Christopher S. Ritter and Sally Wilfong Ritter 734 North West Street Carlisle, P A 17013 Sale Date: Buyer: Bid Price: June 08, 2005 Ann Gatchell $60,500.00 Real Debt: Interest: Attorney Costs: $68,936.79 2,272.41 129.45 Total: $71,338.65 DISTRIBUTION: Receipts: Cash on account (02/1 0/2005): Cash on account (06/08/2005): Cash on account (08/04/2005): $ 1,500.00 6,050.00 57,755.40 Total Receipts: $65,305.40 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Darlene Moyer, Local Tax Collector Carlisle Borough (water & sewer) Carlisle Borough, Lien No. 2003-1192 Attorney Kristine Anthou LaSalle Bank, N.A. Total Disbursements: Balance for distribution: So Answers: r;~ '1'< ~~T..f' R. Thomas Kline Sheriff $ 2,301.33 200.00 947.70 947.70 1,114.50 273,43 694.27 1,500.00 57,326.47 ($65,305.40) 0.00 TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 15 Held Wednesday, June 8, 2005 Date: June 8, 2005 TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year 2005. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2005, and recorded , 2005, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Timothy J. Brobst and Donna L. Brobst, formerly known as Donna L. Ciecierski by deed dated January 26,1996 and recorded January 26,1996 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 134, Page 314, granted and conveyed to Christopher S. Ritter and Sally Wilfong Ritter, husband and wife. OTHER EXCEPTIONS: 1.' The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 50 feet wide North West Street and in Factory Street. 6. Rights in party wall forming portion of the dividing line for the subject premises. 7. Mortgage in the amount of $60,000.00 given by Christopher S. Ritter and Sally Wilfong Ritter to Equity One Inc., dated March 17, 1997 and recorded March 27,1997 in Mortgage Book 1371, Page 781. Said mortgage was assigned to LaSalle Bank, N.A. by instrument recorded January 27,2003 in Miscellaneous Record Book 693, Page 4098. Said mortgage was further assigned to Alliance Funding Company by instrument recorded April 15, 1997 in Miscellaneous Record Book 545, Page 212. Complaint in mortgage foreclosure filed by LaSalle Bank, N.A. as Plaintiff, against Christopher S. Ritter and Sally Wilfong Ritter as Defendants on May 7, 2004 in the Office of the Prothonotary of Cumberland County to File No. 2004-2066. Judgment in the amount of $68,936.79 entered on February 1,2005. 7. Mortgage in the amount of $21,500.00 given by Christopher S. Ritter and Sally W. Ritter to PHFA dated August 29,2003 and recorded November 3,2003 in Mortgage Book 1843, Page 2537. 8. Judgment in the amount of $2,500.00 entered by Charles H., Palmer as Plaintiff against Christopher Ritter and Sally Ritter on October 7, 2002 in the Office of the Prothonotary of Cumberland County to File No. 2002-4875. 9. Municipal lien entered by the Borough of Carlisle as Plaintiff against Christopher S. Ritter and Sally W. Ritter as Defendants on March 18, 2003 in the Office of the Prothonotary of Cumberland County to File No. 2003-1192. 10. Conditions, easements, and restrictions shown on or set forth on the Plan of Carlisle Land Improvement Company recorded in Miscellaneous Record Book 11, Page 572. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 11. Real estate taxes accruing on and after July 1, 2005 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House BiIl1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be v id binding until countersigned by an authorized Sl atory. REAL ESTATE SALE NO. 16 Wrlt No. 2004-2066 eMl LaSalle Bank, N.A., Uk/a LaSalle National Bank. as Trustee Under the Poolmg and ServiCIng Agreement Dated June 1. 1997, Series. 1997.2 ... Christopher S. Ritter and Sally Wilfong Ritter Atty.: Kristine Anthou LONG FORM DESCRlITION ALL lHAT CERTAlN tract of land with the Improvements thereon erected situate 1n the Fifth Ward of the Borough ofCarl1sle, Cumberland County, Pennsylvania, bounded and cescr1bed as follows.: ON the East by Bo-feet wide North West Street; on the North by land formerly of WUllam Gates and now or formerly of Walter N. Bond, n and w1fe, and of Michael Kitner; on the West by Factory Street; and on the South by land now or for- merly of Russel Sutton. and con- taJnJng tn front along the western line of 60~feet wide North West Street a frontage of 15 feet and ex. tending westwardly therefrom at an even width a dIstance of 210 feet to the eastern line of Factory Street. TIlE above described tract of land tndudes all of Lot Nos. 3. 4 and 5 of Block No. 18 as laId out and shown on the Plan of Lots adopted by Carlisle Land Improvement Com- pany and recorded to the herelnaf. ter named Recorder's Office in MJs- cellaneous Record Book 11. Page 572, on which the.re Is erected it two-story brick semi-detached dwell- ing house known as and numbered 734 North West Street. SUBJECT. HOWEVER, to such easements, restrtctlons and cornH- tions that may apply to the afore- d"escribed tract of land, recorded or unrecorded. TOGETHER with all and singu- lar tenements. heredUaments and appurtenances to the same belong- Ing, or to any way appertatn1ng, and the reversion and reversIons, re- mainder or remainders, r~~ts, Is- sues and pronts thereof; AND ALSO all the estate, rights, tltJe, tnterest. property, clalm and demand what- soever, both In law and equity, of the saJd pafty 01 the first part, of. In, to or out of the said premises, and every part and pared thereof. TO HAVE AND TO HOLD the same prem1ses, with all and stngu- lar the appurtenances. untQ the saJd party of the s{'cond part. their helrs or assigns. to and Cor the only proper use and behoof of sald party of the second part, their nelrs and assigns forever. TAX MAP NUMBER; 06-19- 1643. Parcel Number; 309. BEING the same premJses which Ttmothy J. Brobst and Donna L. Brobst, formerly Donna L. Clecler- skI, husband and wife. by deed dated January 26, 1996 and re- corded on JanuaJ}' 26, 1996 in the Office of the..Recorder of Deeds Tor Cumber(9.Il.d County In Deed Book Volume 134, Page 314, granted and conveyed unto Chrtstopher S. Ritter and Sally Wilfong RItter, husband and wiTe. DBV 134. Page 314. Tax Map No. 06-19-1643. Parcel No. 309. LaSalle Bank, N.A., flkla LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated June 1, 1997 Series 1997-2 VS Christopher S. Ritter and Sally Wilfong Ritter In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2066 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 16, 2005 at 8:14 o'clock PM, she served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendants, to wit: Christopher S. Ritter and Sally Wilfong Ritter, by making known unto Christopher Ritter, personally and husband of Sally Ritter, at 734 North West Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 3:00 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christopher S. Ritter and Sally Wilfong Ritter located at 734 North West Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency ofthe action to the within named defendants, to wit: Christopher S. Ritter and Sally Wilfong Ritter, by regular mail to their last known address of734 North West Street, Carlisle, P A 17013. These letters were mailed under the date of April 18, 2005 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 8, 2005 at 10:00 o'clock A.M. He sold the same for the sum of$60,500.00 to Ann Gatchell for Central Penn Property Services, Iuc.. It being the highest bid and best price received for the same, Central Penn Property Services Iuc. of 100 South 7th Street, Akron, PA 17501, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $63,805.40. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 1,210.00 15.00 15.00 30.00 10.00 .50 1.00 7.40 Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 2.61 15.00 30.00 .74 437.45 415.66 16.47 25.00 39.50 $ 2,301.33 Sworn and subscribed to before me 2005, A.D. S~,,:,.~ ~ .;"'J 'f oJ y~ ~ R. Thomas Kline, Sheriff 7V ( ~. SQ ~,!:>q ~ \'60 (. 1 ./\u? c,t\ \19' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COUNTY OF ALLEGHENY ) ) SS: ) COMMONWEALTH OF PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated June 1, 1997, Series 1997-2, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Christopher S. Ritter and Sally Wilfong Ritter located at 734 North West Street, Carlisle, Pennsylvania 17013, and is more fully described as follows: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIFTH WARD, BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A TWO-STORY BRICK SEMI-DETACHED DWELLING HOUSE KNOWN AS AND NUMBERED 734 NORTH WEST STREET, CARLISLE, PENNSYLVANIA 17013. DEED BOOK VOLUME 134, PAGE 314. TAX MAP NUMBER 06-19-1643. PARCEL NUMBER 309. . 1. The name and address of the owners or reputed owners: Christo~r S. Ritter Sally Wifong Ritter 734 North West Street Carlisle, PA 17013 2. The name and address of the defendants in the judgment: Christo~er S. Ritter Sally Wih'ong Ritter 734 North West Street Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: LaSalle Bank, et al. Plaintiff Charles H. Palmer 1506 Shirley Avenue Carlisle, PA 17013 Borough of Carlisle 53 West South Street Carlisle, PA 17013 Commonwealth of PA Department of Welfare P. O. Box 2675 Harrisburg, PA 17105 4. The name and address of the last record holder of every mortgage of record: LaSalle Bank, et al. Plaintiff Guy Fry 508 South Market Street Mechanicsburg, PA 17055 W. Thomas Hostetler 508 South Market Street Mechanicsburg, PA 17055 PA Housing and Finance Agency 2101 North Front Street Harrisburg, PA 17110 5. The name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Individual Taxes Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Domestic Relations Office P. O. Box 320 Carlisle, PA 17013 Tax Assessment Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every knowledge who has any interest in by the sale: other person whom the plaintiff has the property which may be affected Tenant (s) or Current Occupant (s) 734 North West Street Carlisle, PA 17013 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. BY: ~.<,'A/ ..' ., '/ . c/;. .' ^- .c ,(~12~JAC )CL.t..A.C .<. 7--. Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me of .,y::l~ 0 t::j ,2005. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gerald L. Potter, Jr., Notary Public City Of Pitlsbu~. AMegl1eny Coun\y My CommIssion Expires Dec. 10.2007 Member. Pennsylvania Association Of NotarieS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: CHRISTOPHER S. RITTER 734 North West Street Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS' HEARING ROOM, SECOND FLOOR ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17103 on June 08, 2005, at 10:00 A.M., the following described real estate, of which Christopher S. Ritter and Sally Wilfong Ritter are the owners or reputed owners: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIFTH WARD, BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A TWO-STORY BRICK SEMI-DETACHED DWELLING HOUSE KNOWN AS AND NUMBERED 734 NORTH WEST STREET, CARLISLE, PENNSYLVANIA 17013. DEED BOOK VOLUME 134, PAGE 314. TAX MAP NUMBER 06-19-1643. PARCEL NUMBER 309. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, Plaintiff, vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. at Execution Number 04-2066 CIVIL in the amount of $71,209.20. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the time and place of sale. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PENNSYLVANIA 17013 (717)249-3166 (800)990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortqaqe Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: ---., , (/,-,'(-<It ,-Xc ,((/7{'a,((A.. I..c.,.. KristIne M. Anthou, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: SALLY WILFONG RITTER 734 North West Street Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS' HEARING ROOM, SECOND FLOOR ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17103 on June 08, 2005, at 10:00 A.M., the following described real estate, of which Christopher S. Ritter and Sally Wilfong Ritter are the owners or reputed owners: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIFTH WARD, BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A TWO-STORY BRICK SEMI-DETACHED DWELLING HOUSE KNOWN AS AND NUMBERED 734 NORTH WEST STREET, CARLISLE, PENNSYLVANIA 17013. DEED BOOK VOLUME 134, PAGE 314. TAX MAP NUMBER 06-19-1643. PARCEL NUMBER 309. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, Plaintiff, vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. at Execution Number 04-2066 CIVIL in the amount of $71,209.20. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (3D) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the time and place of sale. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer Can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PENNSYLVANIA 17013 (717)249-3166 (800)990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for MortGaGe Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty {20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: --,,-",n_:.,: _ _ .,) _ .,-' ., / ~c. i! c{ .c.YX (iCe ( I, i'... Kristine M. Anthou, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997, SERIES 1997-2, CIVIL DIVISION Plaintiff, NO.: 04-2066 CIVIL vs. CHRISTOPHER S. RITTER AND SALLY WILFONG RITTER, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the East by 60-feet wide North West Street; on the North by land formerly of William Gates and now or formerly of Walter N. Bond, II and wife, and of Michael Kitner; on the West by Factory Street; and on the South by land now or formerly of Russel Sutton, and containing in front along the western line of 60-feet wide North West Street a frontage of 75 feet and extending westwardly therefrom at an even width a distance of 210 feet to the eastern line of Factory Street. THE above described tract of land includes all of Lot Nos. 3,4 and 5 of Block No. 18 as laid out and shown on the Plan of Lots adopted by Carlisle Land Improvement Company and recorded in the hereinafter named Recorder's Office in Miscellaneous Record Book 11, Page 572, on which there is erected a two-story brick semi-detached dwelling house known as and numbered 734 North West Street. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. TOGETHER with all and singular tenements, hereditaments and appurtenances to the same belonging, or in any way appertaining, and the reversion and reversions, remainder or remainders, rents, issues and profits thereof; AND ALSO all the estate, rights, title, interest, property, claim and demand whatsoever, both in law and equity, of the said party of the first part, of, in, to or out of the said premises, and every part and parcel thereof. TO HAVE AND TO HOLD the same premises, with all and singular the appurtenances, unto the said party of the second part, their heirs or assigns, to and for the only proper use and behoof of said party of the second part, their heirs and assigns forever. TAX MAP NUMBER: 06-19-1643. Parcel Number: 309. BEING the same premises which Timothy J. Brobst and Donna L. Brobst, formerly Donna L. Ciecierski, husband and wife, by deed dated January 26, 1996 and recorded on January 26, 1996 in the Office of the Recorder of Deeds for Cumberland County in Deed Book Volume 134, Page 314, granted and conveyed unto Christopher S. Ritter and Sally Wilfong Ritter, husband and wife. GRENEN & BIRSIC, P.C. By: l./ :eu: ~ ;)~'--l ~<.),( " 0. .LI.,Ci '--- Krlscine M. Anthou, Esqulre Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 DBV Page Tax Map No. Parcel No. 134 314 06-19-1643 309 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-2066 Civil CIVIL ACTION - LAW TO THE SHERiFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK, N.A. F/KJA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1,1997, SERIES 1997-2, Plaintiff(s) From CHRISTOPHER S. RITTER AND SALL Y WILFONG RITTER (1) You are directed to levy upon the property oftbe 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 gamishee( s) that: (a) an attachment has been issued; (b) the garnishee( s) is enjoined from paying any debt to or for the account of the defendant (5) and from delivering any property oflbe defendant (s) or otherwise disposing thereof; (3) Ifproperty oflhe 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $68,936.79 Interest $2,272.41 L.L. $.50 Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $129.45 Plaintiff Paid Date: FEBRUARY 1, 2005 CURTIS R. LONG (Seal) Prothonotary ~ 0,.." P .7l{'-O/M'L )' Deputy REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQUIRE Address: ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 Real Estate Sale #15 On February 14,2005 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 734 North West Street, Carlisle, more fully described on Exhibit "A" Date: February 14,2005 By:,J~ cLt,;SvrtLth Real Estaw'Deputy ~ ~ ~ filed with this writ and by this reference incorporated herein. \ f :0\ \J Z. - 93:\ S~~l 1~ ~~~~U t 3\H:ij o\~5~1~6J ... .' THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sunday! Metro editions which appeared on the 26th day(s) of April and the 3rd and lOth day(s) of May 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verifY this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. COpy SALE#15 Sworn to and subs PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 415.66 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... -, .~ RlM.8TA1E....No.15 .......11 11 ,CMI..... ........... NA.. 1IIIIa.......""". 100" 8M"'_ lluIIiIIlO...... ~.......~AgnIJIU~nt .....1, M1~ 1.1187-2 :a-'S:~ DJItIllP1JoM AIl.THAT~~ctlan4-.ilhlbe ............. .......__ia lbeM Watd of 1110 Il<lroagb of Cadi&Io, CuaIbalaod CoII1Ily. Ptopay\>..... bouoded W _ " fuIlows: . ON 1110 East by 6O!cetwide__ su.et; OIl 1110 Norlb by 1an4l..-ly of WiJIiam , Gales and..... or fmiIaIy of_ N.IIood. n w wife. and of MicWI lima; OIl 1110 West by Faco>:ysu.et;wOlllbeSoulhbylan4.....ot fmiIaIy ofll1illil~.and . .. ill !root llIi>>Ilbe ........,,(60 fott";;N:.a. w... . Stmt . ....... of (S fott and exloIdiog ........mJythae'froot"lIl__._ oI21Mr==~~...... all ofl.ol N... 3.4 and,S <fllkdNo.18 "laid om and sbownoi1lbel'bu <<LoIs adopted by .Carliale I.aod .'.""". "...._ C_. as and =t.~~oot~ 572... whicl>_i<_.twotloty bDcI: ~~=_" and SUlIJllct,.......... 10. ioclI:......... __ aod "*'IjliooI"iIIll may.lIftIy 101110 &f~"""O{'Jand._or 1J:IJItCUded, .. TOOIll1II!Il-.ilh.\landtiD&*_. b,.r'..'Jid~Io.""_ =~.."" ...~.~. ::~.. '.8:' demaoid........ ., .... '011 1110 . ctOjioll.lil..:i . . .... . JIll. .... TAXIlAPNo'fl6.19-~3;cil PAIlCllLNo,109. I',. , ---W' - lIi&f. Domoa.L:Bi\fiiI.' ".' ,.il...'..." L. Ciecia1ti;lIIuiiool,,",wife,1,f ,_ I 2619f6l1i&f"" "26 l=....<IlIIco-".. . . ", . . .; CooiI<doooI C*i-..'llOiI . , ..' 134. Pa,e314.J!1!d!dlli&f~...~ S.lliacr miI.SIIJy,............1IId .~ ." ~. - PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: ApriI15,22,29,2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or a~vertisement, and that all allegations in the foregoing statements as to time, place and :h.racter of publication are true. SWORN TO AND SUBSCRIBED before me this 29 day of April NO LOIS E. SNYDER, Notary Public Carlisle BolO, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 15 Writ No. 2004-2066 Civil LaSalle Bank. N.A.. f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated June 1, 1997. Series 1997#2 vs. Christopher S. Ritter and Sally Wilfong Ritter Atty.: Krtstine Anthou LONG FORM DESCRIPTION ALL TIlAT CERTAIN tract of land with the improvements thereon erected situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania. bounded and described as follows: ON the East by 60-feet wide North West Street: on the North by land formerly of William Gates and now or formerly of Walter N. Bond. II and wife, and of Michael Kitner; on the West by Factory Street; and on the South by land now or for- merly of Russel Sutton, and con- taining in front along the western line of 60-feet wide North West Street a frontage of 75 feet and ex- tending westwardly therefrom at an even width a distance of 210 feet to the eastern line of Factory- Street, THE above described tract ofland includes all of Lot Nos. 3, 4 and 5 of Block No. 18 as laid out and shown on the Plan of Lots adopted by Carlisle Land Improvement Com- pany and recorded in the hereinaf- ter named Recorder's Office in Mis- cellaneous Record Book II, Page 572, on which there is erected a two-story brick semi-detached dwell- ing house known as and numbered 734 North West Street. SUBJECT. HOWEVER. to such easements, restrictions and condi~ tlOr1S that may apply to the afore- described tract of land, recorded or unrecorded. TOGETHER with all and singu- lar tenements, hereditaments and appurtenances to the same belong- ing, or in any way appertaining, and the reversion and reversions, re- mainder or remainders, rents, 15- , ...1_._ sues and profits thereof; AND ALSO all the estate, rights, title, interest, property, claim and demand what- soever, both in law and equity, of the said party of the first part. of, in, to or out of the said premises, and every part and parcel thereof. TO HAVE AND TO HOLD the same premises, with all and singu- lar the appurtenances, unto the said party of the second part, their heirs or assigns, to and for the only proper use and behoof of said party of the second part, their heirs and assigns forever. TAX MAP NUMBER: 06~ 19- 1643. Parcel Number: 309, BEING the same premises which Timothy J. Brobst and Donna L. Brobst, formerly Donna L, Ciecier- ski. husband and wife. by deed dated January 26, 1996 and re- corded on January 26, 1996 in the Office of the Recorder of Deeds for Cumberland County in Deed Book Volume 134. Page 314, granted and conveyed unto Christopher S. Ritter and Sally Wilfong Ritter, husband and wife. DBV 134. Page 314. Tax Map No. 06-19-1643. Parcel No. 309. ....