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HomeMy WebLinkAbout13-0364 Michael J. Pykosh, Esquire �' T E PQT1-fit ©fit`,, ID#58851 Dethlefs-Pykosh Law Group, LLC 2013 AIN 19 PH j: 31 2132 Market Street Camp Hill, Pennsylvania 17011 CUMBERLAND Telephone—(717)975-9446 PENNSYLVANIA Fax—(717)975-2309 Yl-�AN1A mpykosh(aD-dplplaw,com Attorney for Defendant/Petitioner GENERATION MORTGAGE : COURT OF COMMON PLEAS COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/ Respondent V. No: 2013-364 JEANNETTE DITZLER, Civil Action — Law Defendant/ Petitioner PETITIONER'S MOTION TO STRIKE DEFAULT JUDGMENT AND NOW, comes the Petitioner, Jeannette Ditzler, by and through her attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, and files the following Motion to Strike Default Judgment, and avers as follows: 1. Petitioner is Jeannette Ditzer, an adult individual residing at 104 North 2n6 Street, Wormleysburg, PA 17043. 2. Respondent is Generation Mortgage Company. 3. Respondent, Generation Mortgage Company, filed a Complaint in Mortgage Foreclosure against Petitioner on January 22, 2013. 4. On January 25, 2013, Petitioner was served with the said Complaint. See Sheriff's Return of Service dated January 28, 2013, attached hereto as "Exhibit "A" and made a part hereof. 5. The mortgage loan subject to the aforesaid mortgage foreclosure action is a Reverse Mortgage. 6. The property subject to the aforementioned mortgage foreclosure action is located at 104 N. 2nd Street, Wormleysburg, PA 17043, hereinafter referred to as 'The Property." 7. Petitioner has owned the Property since March 8, 1977, and has maintained it as her primary residence since that time. See Petitioner's Deed attached hereto as "Exhibit "B" and made a part hereof. 8. Respondent alleges default as a result of Petitioner allowing homeowner's insurance on the Property to lapse and for nonpayment of real estate taxes. (Complaint 19) 9. On March 4, 2013, a Default Judgment was entered against Petitioner for failure to file an Answer to Respondent's Complaint within twenty (20) days from service. 10.Respondent's total for reinstatement of the mortgage account totals $4,927.94, including $12.50 for taxes due, $776.00 for forced insurance due, and $4,119.44 for estimated attorney's fees and costs. A reinstatement payoff from Respondent is attached hereto as "Exhibit "C" and made a part hereof. 11.The Property is currently listed for Cumberland County Sheriff Sale on September 4, 2013. 12.The judgment entered in this matter is defective on its face. 13.Under the Administrative Order No. 12-1619, Civil Term, of Cumberland County, by the Honorable Judge Kevin A. Hess, the Residential Mortgage Foreclosure Diversion Program provides that in all residential mortgage foreclosure actions involving residential property, following service of the Complaint all proceedings shall be stayed for a period of 60 days from the date of service to afford the Petitioner an opportunity to qualify for a court supervised conciliation conference. Only when more than sixty (60) days has lapsed since the service of the Notice of Residential Mortgage Foreclosure Diversion Program, and if the Petitioner has not opted to participate, will the temporary stay be terminated. 42 Pa.B. 1662. 14.The aforesaid Default Judgment was entered before the sixty (60) day stay period had expired after service of the Complaint and Notice. 15. The Default Judgment is procedurally defective based on the violation of the automatic sixty (60) day stay under the Mortgage Foreclosure Diversion Program. 16.Respondent's attorney fees and costs should not be assessed because the Respondent's judgment entered in this matter is in direct violation of the sixty (60) day stay of the Cumberland County Mortgage Diversion Program. 17.Petitioner agrees to pay back taxes of $12.50, if owed, and forced insurance of $776.00. 18.Petitioner is no longer in default for lack of homeowners insurance. A true and correct copy of the Petitioner's Homeowners Insurance Certificate is attached hereto as "Exhibit "D" and made a part hereof. 19.Petitioner's attorney has sought concurrence with respect to this Motion to Strike from Respondent's counsel. Concurrence was Denied. WHEREFORE, Petitioner respectfully requests this Honorable Court enter an Order Striking Plaintiff / Respondent's Default Judgment, Removing the Property from the September 4, 2013, Sheriff Sale list and Reinstating the aforesaid Reverse Mortgage of Petitioner upon payment of$12.50 for taxes due and $776.00 for forced insurance. Respectfully Submi , Dated: 1 Michael J. k h, Esquire D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff :otttttr of �tuu����� i'�"y r..i;;�• ...- .•. Jody S Smith Chief Deputy ?911 J Al" 3 ! P ti Richard W Stewart r t°•J Solicitor r,�-;:....:_,,.� __�: ,UM$Eit�li�U <✓l i ; P EN. N'S YL V?.>�IF, Generation Mortgage Company vs. Case Number Jeannette Ditzler 2013-364 SHERIFF'S RETURN OF SERVICE 01/25/2013 11:38 AM-Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Jeannette Ditzler at 104 N.2nd Street, Borough of Wormleysburg, Wormleysburg, PA 17043. RONALD HOOVER, DEPUTY SHERIFF COST: $44.00 SO ANSWERS, January 28. 2013 RONNY R ANDERSON, SHERIFF EXHIBIT 101A Deed-.ShW h- .' ALL STATE LEGAL SUPPLY CORP. I, I316 ARCH ST.,PHiLADELPHL.PA 19107 {:. A P.EtOP4E_..0:=:L:E EEOF THE RECOMP I i•S fC11HDFOUNNO CCUS;Y PERKSY.Wt.1 .... •8hai• MAR 5 244 Fr,91 r Made the 8th day of March , in the year Nineteen hundred and seventy-seven (1977) . I - etiaeen CHARLES H. HOLBROOK and JANE E. HOLBROOK, his wife, of the Borough of Wormleysburg, Cumberland County, Pennsylvania { . 1 Grantor g I A N D j RICHARD E. DITZLER and C. JEANETTE DITZLER, his wife, of Swatara Township Dauphin County, Pennsylvania Grantee s Pitnesseth, that in consideration of THIRTEEN THOUSAND FIVE HUNDRED AND NO/]00 (513,500.00)-------------------------------------------------Dollars, in hand paid,the receipt whereof is hereby acknowledged,the said Grantor s do i ! hereby grant and convey to the said Grantees their heirs and assigns, ALL THAT CERTAIN lot or parcel of land, with the buildings and improvement's thereon 1> erected, situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, i I more particularly bounded and described as follows, to-wit: i' s: BEGINNING at a point on the western side of Second Street in the Borough of Wormleys- burg, 50 feet from the northwest corner of Second and Chestnut Street; thence along the western side of Second Street, 25 feet to a point at the line of Lot No. 63; thence along the line of Lot No. 63 at a distance of 75 feet from and parallel with 1:. Chestnut Street, 150 feet to a point on the eastA44 side of Hill Alley; thence along the eastern side of Hill Alley 25 feet to a point at the line of Lot No. 61; thence Y I along the line of Lot No. 61, at a distance of 50 feet from and parallel with Chest- l i nut Street, 150 feet to the place of BEGINNING. ! HAVING thereon erected a one story frame dwelling known and numbered as 104 Second �'. Street. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING Lot No. 62 in Plan of Lots known'as Edgewater Plan Number 2, recorded in the Office of,the Recorder of Deeds in and for Cumberland County in Deed Book D, Vol. 6, r Page 599., ti BEING the same premises title to which became vested in the Grantors herein by deed of Joseph B, Hill, et ux. dated July 24, 1974 and recorded in Deed Book S-26, Page 2 , } - "Cumberland County records. I' dorouph of Q� t Cumb ,. School Dist.Cumb. Co.. Pe. t YL.fi1 Real Estate Transfer Tax k44 Reel Etfete Ttensfer Tax 2. t u- 1 Cu,eb. Ohl.COL AOt.. Cemb. Did.Col.Apt. COMMONWEALTH C"PL;�NSYLVANIA=_ DEPARTMENT OF REVENUE ` P.EALIY — j 1 — IPANSfIR NAA•p'T7 r4ltj�� 3 IJ.0 Q AX o RB.11lui 1 • I i - I . EXHIBIT . I 09427 PACE 994 Anh the sold Grantor aWilI Iflarrant generally the property hereby conveyed. 231 Vifnesa Mlerrof, the said Grantor a ha ve hereunto set their hand 8 i anal seal a the ddy and year first above written. Signed, .Sealed and Delivered in the ese Of L a a LES H. HOLBROOKnn y� JAfi E. HOLBROOK ii 1 I fib; 1 �t+nln:o:lwralfl! at ')cn!le�lvnia ; �0!ltlf}_t pF CUMBERLAND On this,the 8th dab of March 19 77 before me, a notary public the underaiened officer,personalty appeared a Charles H. S Jane E. Holbrook known to me(or satisfactorAy proven)to be the person awhose name a are subscribed to the within instrument,and..aoknowledded that they eseouted the same j �.'�.••�� .'PJ,', for the purpose therein contained. i X K7T,Y��Sy� WHEREOF,I have hereunto set my han and notarial seal. 0�;:!,rSYLVS`��: NCTARY PUBLIC 'r Commission Evir, AaySy- 1.197$ `9erebk �erfi(R that the precise residence and complete post:ofj�ce address"of t r antee herein is �Oy.N f/�dvru/v/IM�CY�py/r� Pq 1 } W J � m W O S z eo W H W I z ,Ly j W K i U K d nmmantt+ vennat tinia . ee. 6rounf of / • etgrbeb in the Office for Recordinj of Deeds to and fo in Deed Book No. a2 Etc!, 30ifneedrny hand and seat of OfIlce this day�f-��y�G�'� .enno Domini 19 /7/7 600x�27 PAGE 995: Recorder s i• VERIFICATION I, Jeannette Ditzler, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: Jean etie Ditzler JeaParker McCay P.A. 9000 Midlantic Drive,Suite 300 P1� RKER. McCAY P.O.Jersey Mount laurel,New Jersey 08054 P:856-596-8900 F:856-596.9631 www.parkermccay.com Foreclosure/Bankruptcy Dept. P: 856-810-5815 F: 856-596-3427 Foreclosure/Bankruptcy Dept. P: 856-810-5815 F: 656-596-3427 May 29,2013 File No. 14622-12-08940/0104 Jearinette-Ditzler 104 N. 2nd Street Wormleysburg, PA 17043 RE: Generation Mortgage Company vs. Jeanette Ditzler,et al. Property c/k/a: 104 N. 2 . Street,Wormleysburg,PA 17043 Loan No.: 2060905772 Dear Mr. Ditzler: As you may know, this firm represents Generation Mortgage Company ("Plaintiff') in the above entitled foreclosure action. Plaintiff has authorized this law firm to communicate this settlement proposal on its behalf. As such,this correspondence is provided to you for settlement purposes.only; and any attempt to use this correspondence in any judicial, court or alternative dispute resolution proceeding is prohibited and shall not be admissible. Pursuant to your request concerning the above-referenced loan, please be advised that the reinstatement for the above mortgage account totals$4,927.941 to June 1.4,2013. This amount is broken down as follow: Taxes Due $12.50 Insurance $776.00 Estimated Attorney Fees and Costs $4,119.44 Estimated Sheriff Commission $20.00 Total Due to Reinstate as of June 14,2013 $4,927.94 1 Estimated attorney fees and costs are included. EXHIBIT Please forward funds to: Dickenson Gilroy,LLC 37&0 Mansell Road,Suite 140 Alpharetta, GA 30022 *Please include a copy of this reinstatement when mailing the check. If the above funds are not received by June 14, 2013, the enclosed figures will no longer be good. If you have any questions or concerns please do not hesitate contact me. The figures contained herein are provided in advance for your convenience and with the understanding that they are subject to final verification. The right to adjust these figures and refuse any funds which are insufficient to reinstate the loan in full is reserved hereby for any reason, included-by not limited to, an error in calculation, previously dishonored checks or money orders or additional disbursements made between the statement date and receipt of funds. You must call this office to confirm figures prior to disbursement. Very truly yours, PARKER McCAY P.A. AA EMA,UESQUIRE CMA/ca PLEASE NOTE: THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 05!14!2013 16:37 7179752309 DETHLEF•S PYKOSH LAW PAGE 02!02 ACORAD EVIDENCE OF PROPERTY INSURANCE DA{E(MMM01UM(M 3 -1%.� r THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AOENCY PNONE 717-730-9855 COMPANY N •no—-- Stone$Edwards Insurance Agency[no FOREMOST CORP AMER 1714 Market Street Camp Hill,PA 170114819 No.717-730 9910 DRL ,Dtoneandedwards@comca8tnet CODE: SUa CODE. �csN u y, QI130503104102210 INSURED LOAN NUMBER PbUCY NUMBER Jeanette Dittler 0069841680 104 N 2ND ST Lemoyne,PA 17043 EFFECTIVE DATE EXPIRATION DATE 04/29/1013 W2912014 coNnNUED unmL TERMfNATEp IF CHECKED TN1S REPLACES P EIADENCK DATED: PROPERTY INFORMATION LOCATIDNJDESCRIMON 1 104 N 2ND ST Lemoyne,PA.17043 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 1VIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OIL MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE/MKS IFORMS AMOUNYOF INSURANCE DEDUCTIBLE Homeownerg Form3 AAIS Personal Liability Coverage 300,000 Dwelling(Cov.A)(DWELL) 110.000 2,500 Loss of Use(Cov.D)(LOU) 72,000 Medical Payments 1,000 Other Structures(Cov.S)(OS) 11,000 Personal Property 55,000 Annual Premium 790 REMARKS(including Special Conditions :ANCELL.ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ' ADDITIONAL INTEREST AMEAND ADDRESS INSURED GENERATION MORTGAGE COMPANY LASS PAYEE 3565 PIEDMONT RD NE LOAN SUITE 300 2060905772 Atlanta,GA 30305 AUTRORREDREPRESENrATTVE EXHIBIT 3ORD 27(2009112) ®1993.2009 ACORD CORPORATION. All ri The ACORD tame and logo are registered marks of ACORD Michael J. Pykosh, Esquire I D#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 movkosh@gplglaw,com Attorney for Defendant 1 Petitioner GENERATION MORTGAGE : COURT OF COMMON PLEAS COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/ Respondent V. No: 2013-364 JEANNETTE DITZLER, Civil Action — Law Defendant I Petitioner CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion to Strike Default Judgment, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Generation Mortgage Company c/o Chandra M. Arkema, Esq. 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 Respectfully Submitted, Dated:�1f 1/3 _` Michael ykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Michael J. Pykosh, Esquire IL -0F'FICr'-" I D#58851 of THE PROTHONOTAR �"' Dethlefs-Pykosh Law Group, LLC 2132 Market Street 2013 JUN 21 PM 3: 30 Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 CUMBERLAND COUNTY Fax—(717)975-2309 PENNSYLVANIA mpykosh@gpLqLaw—com Attorney for Defendant 1 Petitioner GENERATION MORTGAGE : COURT OF COMMON PLEAS COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/ Respondent V. No: 2013-364 JEANNETTE DITZLER, Civil Action — Law Defendant/ Petitioner RULE TO SHOW CAUSE AND NOW, this Z/' day of 2013, upon consideration of the foregoing motion, it is hereby ordered that: 1. A rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; 2. The Respondent shall file an Answer to the Motion within twenty (20) days of service upon the Respondent; 3. The Motion shall be decided under Pa.R.C.P. No. 206.7; 4. Notice of this Order shall be provided to all parties by the Petitioner. BY TH 'J OURT J. DW' dbution Legend z Chandra M. Arkema, Esquire --'IMichael J. Pykosh, Esquire 9000 Midlantic Drive, Suite 300 2132 Market Street P.O. Box 5054 Camp Hill, Pennsylvania 17011 Mount Laurel, New Jersey 08054-1539 Attorney for Plaintiff/Respondent Attorney for Defendant/Petitioner � t/I� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson P I i D-0 FT ijr- Sheriff f r '; I 11-11L P R 0 T 10 0 Ti A ',` Jody S Smith Chief Deputy JUL L Richard W Stewart "' CUMBERLAND Cut1N Y Solicitor OFFICE or rw.E SKERIFr PENNSYLVANIA Generation Mortgage Company Case Number vs. Jeannette Ditzler 2013-364 SHERIFF'S RETURN OF SERVICE 07/01/2013 04:55 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 104 N. 2nd Street, Borough of Wormleysburg, Wormleysburg, PA 17043, Cumberland County. 07/01/2013 04:55 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Jeannette Ditzler at 104 N. 2nd Street, Borough of Wormleysburg, Wormleysburg, PA 17043, Cumberland County. 07/08/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $116.39 SO ANSWERS, July 08, 2013 RbNW R ANDERSON, SHERIFF sa I-&--. � 4-1P / .49;t (C)Coun ySuife Sheriff,Te!ecsoft,Inc. F&No. 14622-12-08940 / 14622-0104 PARKER McCAY P.A. By: Chandra M. Arkema,Esquire Attorney 1D# 203437 9000 Midlantic Drive, Suite 300 P.O.Box 5054 Mount Laurel,NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff Generation Mortgage Company COURT OF COMMON PLEAS 3565 Piedmont Road NE, Ste 300 CUMBERLAND COUNTY Atlanta, GA 30305 NO. 13-364 CIVIL V. CIVIL ACTION Jeannette Ditzler 104 N. 2nd Street MORTGAGE FORECLOSURE Wormleysburg, PA 17043 AFFIDAVIT PURSUANT TO RULE 3129.1 Generation Mortgage Company, Plaintiff in the above action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 104 N. 2nd Street, Wormleysburg, PA 17043. 1. Name and address of Owner(s) or Reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Jeannette Ditzler 104 N. 2nd Street, Wormleysburg, PA 17043 2. Name and address of Defendants in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) ' Jeannette Ditzler ---7104 N. 2nd Street, Wormleysburg, P 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Generation Mortgage Company 3565 Piedmont Road NE, Ste 300 Atlanta, GA 30305 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Generation Mortgage Company 3565 Piedmont Road NE, Ste 300 Atlanta, GA 30305 Secretary of Housing &Urban Development 451 Seventh Street SW � Washington, DC 20410 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) ONLY THOSE LISTED ABOVE. 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) West Shore School District Alma Berresfard 20 Market Street, Wormleysburg, PA 17043 Worrnleysburg Borough Tax Collector Alma Berresford 20 Market Street, Wormleysburg, PA 17043 Wormleysburg Borough Trash & Sewer 20 Market Street, Wormleysburg, PA 17043 Cumberland County Tax Assessment I Courthouse Square, Carlisle, PA 17013 Cumberland County Tax Claim Bureau I Courthouse Square, Carlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street, P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania 333 Health and Welfare Building Department of Welfare Harrisburg, PA 17105 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Tenant/Occupant -104N. 2nd Street, Wormle sbur , PA 17043 ONLY THOSE LISTED ABOVE. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. PARKER McCAY P.A. Dated: March , 2013 By: Qalffka�)]vjxa=�-- Chandra M. Arkema, Esquire Attorney for Plaintiff r v File No. 14622-12-08940/ 14622-0104 PARKER McCAY P.A. By: Chandra M.Arkema,Esquire Attorney ID# 203437 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff Generation Mortgage Company COURT OF COMMON PLEAS 3565 Piedmont Road NE, Ste 300 CUMBERLAND COUNTY Atlanta, GA 30305 NO. 13-364 CIVIL Plaintiff, V. CIVIL ACTION Jeannette Ditzler 104 N. 2nd Street MORTGAGE FORECLOSURE Wormleysburg, PA 17043 Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Jeannette Ditzler 104 N. 2nd Street Wormleysburg, PA 17043 The real estate located at 104 N. 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at Sheriffs Sale on September 4, 2013 at 10:00 a.m., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. (The specific room location will be posted at every entrance to the courthouse; or Deputies posted at each entrance may direct you to the room.) to enforce the court judgment of$116,487.39, plus fees, costs and other charges obtained by Generation Mortgage Company against you. v NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. This sale will be canceled if you pay the judgment to Chandra M. Arkema, Esquire, 9000 Midlantic Drive, Suite 300, P.O. Box 5054, Mount Laurel,NJ 08054-1539. To find out how much you must pay, you may call (856) 810-5815. 2. You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriffs Office at 717-240-6390 or Chandra M. Arkema, Esquire at (856) 810-5815. 2. You may be able to petition the court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriffs Office at 717-240-6390 or Chandra M. Arkema, Esquire at (856) 810-5815. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on the 30th day after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days of the preparation of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone No. 249-3166 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PARCEL of land, with the buildings and improvements thereon erected, situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the western side of Second Street in the Borough of Wormleysburg, 50 feet from the northwest comer of Second and Chestnut Street; thence along the western side of Second Street, 25 feet to a point at the line of Lot No. 63; thence along the line of Lot No. 63 at a distance of 75 feet from and parallel with Chestnut Street, 150 feet to a point on the eastern side of Hill Alley; thence along he eastern side of Hill Alley 25 feet to a point at the line of Lot No. 61; thence along the line of Lot No. 61, at a distance of 50 feet from and parallel with Chestnut Street, 150 feet to the place of beginning. Tax ID #47-20-1858-013 Commonly known as: 104 2 nd Street Wormleysburg, PA TITLE TO SAID PREMISES IS VESTED Richard E. Ditzler and C. Jeannette Ditzler,by deed from Charles H. Holbrook and Jane E. Holbrook, dated 3/8/1977, and recorded 3/9/1977, in Book A27, Page 994. EXHIBIT "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-364 Civil ,COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GENERATION MORTGAGE COMPANY, Plaintiff(s) From JEANNETTE DITZLER (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $116,487.39 L.L.:.50 Interest Atty's Comm: Due Prothy:$2.25 Atty Paid: $192.75 Other Costs: Plaintiff Paid: Date: 3111113 David D.Buell,Prothonot3q (Seal) Deputy REQUESTING PARTY: Name: CHANDRA M.ARKEMA,ESQUIRE Address: PARKER MCCAY P.A. 9000 MIDLANTIC DRIVE,SUITE 300 P.O.BOX 5054 MOUNT LAUREL,NJ 08054-1539 Attorney for:PLAINTIFF Telephone: 856-810-5815 Supreme Court ID No. 203437 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Cowrt at Car4le, Pa. This—ii—day of 1)36—�--U�L20 I Protho tary On May 30, 2013 the Sheriff levied upon the J defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA, Known and numbered as, 104 2nd Street, Wormleysburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: May 30, 2013 By: God" ��w-/ Real Estate Coordinator 10 :b a Z i uv�j EIDl r � F\LED`E�I'FJu-"- File No. 14622-12-08940 0'- }}� 'ROTHONC By:PARKER dra M Alike a,Esquire �f JUL 8' 32 rnco � r"'�F-= Attorney ID#203437 CUMBE ah COUNTY ;�_' r, 9000 Midlantic Drive, Suite 300 P SYL' }q _<37, -- ` P.O. Box 5054 Mount Laurel,NJ 08054-1539 CD (856) 810-5815 Attorneys for Plaintiff = ' Generation Mortgage Company COURT OF COMMON PLEAS 3565 Piedmont Road NE, Ste 300 CUMBERLAND COUNTY Atlanta GA, 30305 NO. 13-364 Civil Plaintiff, V. CIVIL ACTION Jeannette Ditzler 104 N. 2nd Street MORTGAGE FORECLOSURE Wormleysburg PA, 17043 Defendants. PRAECIPE TO WITHDRAW JUDGMENT TO THE PROTHONOTARY: Kindly withdraw the judgment entered on March 4, 2013 the above captioned matter. PARKER McCAY P.A. Attorneys for Plaintiff BY: CW= l i Chandra M. Arkema, Esquire DATED: June 2� 2013 File No. 14622-12-08940 PARKER McCAY P.A. By: Chandra M. Arkema,Esquire Attorney ID#203437 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel,NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff Generation Mortgage Company COURT OF COMMON PLEAS 3565 Piedmont Road NE, Ste 300 CUMBERLAND COUNTY Atlanta GA, 30305 NO. 13-364 Civil Plaintiff, V. CIVIL ACTION Jeannette Ditzler 104 N. 2nd Street MORTGAGE FORECLOSURE Wormleysburg PA, 17043 Defendants. CERTIFICATE OF SERVICE I, Chandra M. Arkema, Esquire, counsel for Plaintiff, hereby certify that a copy of the foregoing Motion for Leave to Amend Complaint, was served on the following persons by first class mail, postage pre-paid, on the -7 day of June, 2013: Michael J. Pykosh, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Attorney for Defendant Respectfully submitted, Parker McCay P.A. Chandra M. Arkema, Esquire Attorney.for Plaintiff Michael J.Pykosh,Esquire GF TH't. PROs HM61ARY ID#58851- Dethlefs-Pykosh Law Group,LLC 2013 iUL 16 PM 4# 0;0 2132 Market Street Camp Hill,Pennsy 7)lvania 17011 CUMBERLA11-40 COUNTY Telephone—(71 975-9446 Fax—(717)975-2309 PENNSYLVANIA mpykosh@d p aw.co Attorney for Defendant �m GENERATION MORTGAGE COMPANY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 13-364 JEANNETTE DITZLER, CIVIL ACTION Defendant IN MORTGAGE FORECLOSURE REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is Defendants primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. "� J Michael-J-.'P h Me— Date Defendant's C Wun el O/ Legal Representative Jeanne le Ditzler Date Defendant Michael J.Pykosh,Esquire ID#58851 Dethlefs-Pykosh Law Group,LLC 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mpykosh(&dolglaw-com Attorney for Defendant GENERATION MORTGAGE COMPANY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 13-364 JEANNETTE DITZLER, CIVIL ACTION Defendant IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICES I hereby certify that a copy of the foregoing DEFENDANT'S REQUEST FOR CONCILIATION CONFERENCE, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Generation Mortgage Company C/o Chandra M. Arkema, Esquire Parker McCay P.A. 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 Respectfully Submitted, Date: :Z-A* 13 By- Y. Michael J. PykosK tsquire I D#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant GENERATION MORTGAGE IN THE COURT OF COMMON PLEAS OF COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff cxa vs. CIVIL ACTION k Ga r NO. 13-0364 CIVIL CZ) JEANNETTE DITZLER, Defendant CASE MANAGEMENT ORDER AND NOW,this A634 day of July, 2013,the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on 2 S d 6/,3, at F,'OZ) m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court,the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution,and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference,the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage;paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. u . 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, - A 44 Kevi A. Hess, P.J. /Chandra m. Arkema, Esquire Parker McCay P.A. 9000 Midlantic Drive, Suite 300 P. O. Box 5054 Mount Laurel,NJ 08054-1539 For the Plaintiff M ,/Michael Pykosh, Esquire a 2132 Market Street Camp Hill,PA 17011 For the Defendant , :rlm O PARKER McCAY P.A. It F_ THE`'PRO THON� 6'_TAR'jr By: Chandra M.Arkema,Esquire Attorney 11D#203437 2013 AUG 2 9 PM 2: Is 9000 Midlantic Drive, Suite 300 P.O. Box 5054 CUMBERLAND COUNTY Mount Laurel,NJ 08054-1539 PENNSYLVANIA (856) 810-5815 Attorneys for Plaintiff Generation Mortgage Company COURT OF COMMON PLEAS 3565 Piedmont Road NE, Ste 300 CUMBERLAND COUNTY Atlanta,GA 30305 NO. 13-364 V. CIVIL ACTION IN Jeannette Ditzler MORTGAGE FORECLOSURE 104 N. 2nd Street Wormleysburg, PA 17043 SUBSTITUTION OF COUNSEL TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Plaintiff, Generation Mortgage Company and enter the appearance of Emmanuel J. Argentieri, Esquire. Parker McCay, P.A. Dated: August 2013 BY av_ Kindly enter my appearance on behalf of the Plaintiff, Generation Mortgage Company. Dated: y: I As&ri, squire - GENERATION MORTGAGE IN THE COURT OF COMMON PLEAS OF COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION NO. 13-0364 CIVIL JEANNETTE DITZLER, : Defendant ORDER AND NOW, this 2 4 day of August, 2013, at the request of counsel for the parties, the conciliation conference in the above matter set for September 5, 2013, is continued to Thursday, October 10, 2013, at 3:30 p.m. it Chambers of the undersigned. BY THE COURT, Kevin . Hess, P. J. Emmanuel J. Argentieri, Esquire 52 Newton Avenue P. O. Box 456 Woodbury,NJ 08096 For the Plaintiff Michael J. Pykosh, Esquire 2132 Market Street r-) Camp Hill, PA 17011 C: C= �rm For the Defendant x� ,. =,-•n ;z so F:rlm N 'U 6; (20,3t �.S � 1 / rn I {Lt:u_ia . 'A Emmanuel J.Argentieri,Esquire 2013 OCT 22 AM 10' ROMANO GARUBO&ARGENTIERI Counselors at Law LLC UMBER AND CQL'tATY Attorney ID#59264 SYLVA A 52 Newton Avenue,P.O.Box 456 N� Woodbury,NJ 08096 (856)384-1515 Attorney for Plaintiff, Generation Mortgage Company Generation Mortgage Company COURT OF COMMON PLEAS Plaintiff, i CUMBERLAND COUNTY V. 1 PENNSYLVANIA Jeannette Ditzler j Civil Action 104 N. 2nd Street Wormleysburg, PA 17043 NO. 13-0364 CIVIL Defendant. I STIPULATION OF SETTLEMENT THIS MATTER having been opened to the Court by the filing of Plaintiff's complaint in mortgage foreclosure with the Cumberland County Prothonotary on January 22, 2013 as to Real Property,more commonly known as 104 N. 2nd Street, Wormleysburg, Pennsylvania 17043; and Defendant and Plaintiff having amicably resolved their differences and for good cause shown; 1. Defendant shall tender the sum of$832.00,via certified funds, to Plaintiff s counsel on or before the close of business for October 10, 2013. Said sum represents reimbursement of advanced insurance premiums. 2. Defendant shall tender proof of valid insurance covering the subject property and shall maintain valid home owner's insurance as long as the subject mortgage remains in place against the subject property. Receipt of valid insurance through April 29, 2014 is hereby acknowledged by Plaintiff. 1 3.. Plaintiff shall capitalize the foreclosure fees and costs in the amount of$1,937.80 to the back end of the loan to be paid by Defendant to Plaintiff when the loan matures. 4. The provisions of this stipulation do not constitute a waiver by the Plaintiff of its right to seek reimbursement of any amounts not included in this stipulation, including fees and costs, due under the terms of the mortgage and applicable law. 5. The within foreclosure action is hereby dismissed without prejudice upon entry of the below Order of the Court. s The u rsigned hereby consent to the-foxx and entry of the within order. F + M MAJ. enti ,Esquire GARUBO ARGENTIERI 52 Newton Avenue,P Box 456 - Woodbury,New Jersey 08096 Attorney for Plaintiff "2'�aj 41- Michael J.P sh, squire DETHLEFS-PYKOSH LAW GROUP,LLC 2132 Market Street Camp Hill,PA 17011 Attorney for Defendant AND NOW,this ?-2.'r day of C'rmPVU,%r- , 2013, it is hereby ORDERED that the foregoing Stipulation is approved, shall be, and is made an Order of this Court. �0Honorab Kevin A.Hess, P.J. ies l�2�� P . kcask 2 i0/2 A/12 't=rq