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Home My WebLink About14-5063 For Prothonotary Use Only: Supreme Court...of Pennsylvania Pleas "rti►r1 Carr eet 'C it berland Docket No. County The information collected on this form is used solely court administration purposes. This form does not supplement or replace lhefiling and service o pleadin s or- other papers as required by laly or rules of'courl. Commencement of Action: S N Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Cenlar FSB Lead Defendant's Name: Unknown Surviving Heirs of Edward A. Ditty, Deceased T Mortgagor and Real Owner I, Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits O (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No I Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: McCabe, Weisberg & Conway, P.C. ❑ Check here if you h.avc no attorney (a Self - Represented {Pro Sel Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Department of Transportation ❑ Premises Liability (does not include ❑ Statutory Appeal: Other S mass tort) E ❑ Slander /Libel/ Defamation ❑ Employment Dispute: ❑ Other: Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other I . Q ❑ Other MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant I3 El Toxic Waste REAL PROPERTY MISCELLANEOUS ❑ Other: ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 c= _w MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 �-' 4 .._ s BRIAN T. LAMANNA, ESQUIRE - ID # 310321 - co ANN E. SWARTZ, ESQUIRE - ID # 201926 r` JOSEPH F. RIGA, ESQUIRE - ID # 57716 �" `=' '^° - JOSEPH I. FOLEY, ESQUIRE - ID # 314675 r �, CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790 -1010 Cenlar FSB Cumberland County 425 Phillips Boulevard Court of Common Pleas Trenton, NJ 08618 Number I q— V. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner 9 Adams Street Enola, PA 17025 COMPLAINT IN MORTGAGE FORECLOSURE 0 1 ,t sIIS.�S a File # 68191 Page 1 NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within ex- puestas en las paginas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) dias de plazo al partir de la notice are served, by entering a written fecha de la demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defensas o sus objeciones you. You are warned that if you fail to do so a las demandas en contra de su persona. Sea the case may proceed without you and a avisado que si usted no se defiende, la corte judgment may be entered against you by the tomara medidas y puede continuar la demanda court without further notice for any money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any other Ademas, la corte puede decidir a favor del claim or relief requested by the plaintiff. You demandante y requiere que usted cumpla con may lose money or property or other rights todas las provisiones de esta demanda. Usted important to you. puede perder dinero o sus propiedades a otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GO TO OR PAPEL A SU ABOGADO TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE. SI USTED NO BELOW. THIS OFFICE CAN PROVIDE TIENE A UN ABOGADO, VA A O YOU WITH INFORMATION ABOUT TELEFONEA LA OFICINA EXPUSO HIRING A LAWYER. ABAJO. ESTA OFICINA LO PUEDE IF YOU CANNOT AFFORD TO PROPORCIONAR CON INFORMATION HIRE A LAWYER, THIS OFFICE MAY BE ACERCA DE EMPLEARA UN ABOGADO. ABLE TO PROVIDE YOU WITH SI USTED NO PUEDE INFORMATION ABOUT AGENCIES PROPORCIONAR PARA EMPLEAR UN THAT MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, PA 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990 -9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 File # 68191 Page 2 This is a communication from a debt collector who is attempting to collect a debt, and any information obtained will be used for that purpose. Please Note: (1) unless, within thirty (30) days after your receipt of this notice, you dispute the validity of the debt, or any portion of the debt, we will assume that the debt is valid; (2) if you notify us in writing within thirty (30) days of your receipt of this notice that the debt, or a portion of the debt, is disputed, we will cease collection of the debt until we obtain verification of the debt or a copy of the judgment against you and mail to you a copy of the verification or judgment that we obtain; (3) upon your written request to us within thirty (30) days of your receipt of this notice for the name and address of the original creditor of your debt, we will cease collection of the debt until we mail to you the name and address of the original creditor, if different from the current creditor. Case Name: Cenlar FSB v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Cumberland County File # 68191 Page 3 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Cenlar FSB, duly organized and doing business at the above - captioned address. 2. The Defendant is Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner, and their last -known address is 9 Adams Street, Enola, PA 17025. 3. On October 5, 2007, Edward A. Ditty, mortgagor, made, executed and delivered a mortgage upon the premises hereinafter described to Pennsylvania State Bank, a division of BLC Bank, N.A. which mortgage is recorded in the Office of the Recorder of Cumberland County as Instrument Number 200739271 (the "Mortgage "), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 4. On October 5, 2007, Edward A. Ditty, also executed a promissory note secured by the aforementioned mortgage. Plaintiff, directly or through an agent, is in possession of the note and is the holder of the note with the right to enforce it; the note is either made payable to plaintiff or has been duly endorsed. 5. On October 5, 2007, the Mortgage was assigned by Pennsylvania State Bank, a division of BLC Bank, N.A. to Taylor, Bean & Whitaker Mortgage Corp., by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 200739272, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 6. On May 7, 2014, the Mortgage was assigned by Taylor, Bean & Whitaker Mortgage Corp., by Federal Home Loan Mortgage Corporation, its Attorney -in -Fact to Cenlar FSB, Plaintiff herein, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 201410503, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 7. On January 2, 2012, Edward A. Ditty departed this life. No estate has been opened as a result of the demise of Edward A. Ditty, Deceased Mortgagor and Real Owner. 8. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 9 Adams Street, Enola, Pennsylvania 17025. 9. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 1, 2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. File # 68191 Page 4 10. The following amounts are due on the mortgage: Principal Balance $ 61,469.94 Interest through August 25, 2014 $ 3,053.01 (Plus $3.42 per diem thereafter) Attorney's Fee $ 1,450.00 Late Charges $ 38.44 Escrow Advance $ 6.187.21 Property Inspections $ 390.00 GRAND TOTAL $ 72,588.60 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 11. Plaintiff complied with all notice requirements as prescribed by 41 P.S. § 101, et seq. (Act 6), and 35 P.S. 1680.401c, et seq. (Act 91), as applicable. 12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant, but reserves its right to do so in a separate legal action if such right exists. If the Defendant has received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $72,588.60 together with interest at the rate of $3.42 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG & CONWAY, P.C. [ ] Terrence J. McCabe, Esquire [ - tNfirc S. Weisberg, Esquire [ ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Joseph I. Foley, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Lena Kravets, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff File # 68191 Page 5 VERIFICATION 'Da a', hereby states that he /she is JV&g#enlar FSB, Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements of fact made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: DATE: Title: File #: 68191 Name: Cenlar FSB v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner File # 68191 Page 6 EXHIBIT "All ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern side of Adams Street (50 feet wide), 467 feet west of the center line of Enola Road, also at the dividing line between Lots 142 and 143 on the hereinafter mentioned Plan of Lots; thence extending along Adams Street, South 75 degrees West, 25 feet to a point at the dividing line between Lots 143 and 144 on said Plan; thence along said dividing line, North 15 degrees West, 150 feet to a point on the southern side of Monroe Street; thence along the same, North 75 degrees, 25 feet to a point at the dividing line between Lots 142 and 143 on said Plan; thence east along said dividing line, South 15 degrees East, 150 feet to the point and place of BEGINNING. BEING Lot No. 143 on the Plan of Lots laid out by Pyne and Adams, which said Plan is recorded in Plan Book 1, Page 17, Cumberland County Records, HAVING thereon erected the eastern one half of a two and one half story frame dwelling known as 9 Adams Street, South Enola, Pennsylvania. UNDER AND SUBJECT, nevertheless to easements, restrictions, reservations, conditions and rights of way of record. BEING THE SAME PREMISES which Semyon Fridman and Anna Fridman, also known as Anna deed dated June 28, 2001 and recorded June 29, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 247, Page 843, granted and conveyed unto Edward A. Ditty, a single person, his heirs and assigns. ` FORM Cenlar [S8 [NTHBCOURTOP COMMON PLEAS OP Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA- Unknown Surviving I leirs of Edward A. Ditty, ivil U) co C7. Deceased Mortgagor and Real Owner Defendants NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE ��@�� °�r��'�� PROGRAM You have been served with a foreclosure complaint that could cause you tu lose your home. lf you own and live in the residential property v/hiob is the subject of this foreclosure action, you may be able to pudioipu10 in ucount-uuporviucd conciliation conference in uu effort k/resolve this matter with your lender. If you do not have u lawyer, you must take the following steps to be eligible for u conciliation oomfermnue. First, within twenty (20) days of your receipt ofthis notice, you must contact MidPcooLegal Services u1(7l7)24]'94OO extension 25)0o/(000)822-5288 extension Z5lO and request appointment ofu legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that icgui representative within twenty (20) days of the appointment date. During that meeting, you must provide the /cgu1 representative with all requested fiuunoiu( information un that uloan resolution proposal can be prepared on your behalf. lf you and your iogu) representative complete ufiuunciu) worksheet in the format attached hereto, the legal representative will prepare and fi|ou Request for Conciliation Conference with the Court, which must bnfi|od with the Court within sixty (hO) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with u representative of your lender inun attempt tovvorkoutrcueouah)euoungenueuto with your lender before the mortgage foreclosure suit proceeds forward. If you are represented 6ym lawyer, you and your lawyer must take the following steps tmbe eligible for a conciliation conference. It is not necessary for you to contact Mid9euu Legal Service for the appointment ofulegal representative. However, you must provide your lawyer with all requested financial information oo that u loan resolution ponyoou) can be prepared ou your behalf. If you and your lawyer complete ufinuuciu/ worksheet io the format attached hereto, your lawyer will prepare and file u Request for Conciliation Conference with the Court, which must hofilcd with the Court within sixty (6O) days of the service upon you of the foreclosure complaint. If you do so and u conciliation conference is scheduled, you will have an opportunity to meet with unoprnaonta1ivo of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM DS FREE' Respectfully h i Date [Signature of Counsel for Plaintiff] 68191 Page I FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? CO-BORROWER Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? FINANCIAL O' First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ 1 If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 " Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I /We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obiligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income f Past 2 bank statements Proof of any expected income for the last 45 days ✓ Copy of a current utility bill I Letter explaining reason for delinquency and any supporting documentation (hardship letter) ✓- Listing agreement (if property is currently on the market) 3 68191 Page 1 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH 1. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB 425 Phillips Boulevard Trenton, NJ 08618 Plaintiff v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner 9 Adams Street Enola, Pennsylvania 17025 Defendant Cumberland County Court of Common Pleas Number: 14-5063 Civil Attorneys for Plaintiff MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, Cenlar FSB, by its counsel, moves this Honorable Court for an Order directing service of the Complaint and of all subsequent notices and pleadings that require personal service, including Notice of Sheriff's Sale upon Defendant, Unknown Surviving Heirs of Edward A. Ditty Deceased Mortgagor and Real Owner by mail and by posting the mortgaged premises and by publication and in support thereof, avers the following: 1. Edward A. Ditty was an individual and is the sole record owner and mortgagor of the premises that is the subject of Plaintiff's action in Mortgage Foreclosure. Unmi+n.• 14 A41 n..... 2. The premises that is subject of this mortgage foreclosure action is 9 Adams Street, Enola, Pennsylvania 17025 and is the last -known address of the decedent. 3. Edward A. Ditty is deceased, having departed this life on January 2, 2012. No estate or administration has been opened as a result of the demise of Edward A. Ditty. As a result, Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner have been named as Defendants to this foreclosure action. 4. Plaintiff retained Attorney Outsourcing Support Services, Inc. to investigate the identity of any additional heirs of Edward A. Ditty. No additional heirs were found. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results therefrom is attached hereto, made a part hereof and marked as Exhibit "A." 5. Plaintiff has obtained a property search of the mortgage premises which indicates that the record owner of the premises is Edward A. Ditty. A true and correct copy of the property search is attached hereto and marked as Exhibit "B." 6. Plaintiff will never be able to personally serve the Complaint and subsequent pleadings upon the Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner. 7. Pursuant to Pennsylvania Rule of Civil Procedure 430(b)(2), service upon Unknown Heirs may be made by publication. Number: 14-5063 Civil WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order pursuant to Pennsylvania Rules of Civil Procedure 430 and 3129.2(D) directing service of the Complaint by posting, publication and by mail and further directing that all subsequent Notices and pleadings that require personal service may be served in this manner except that publication of the Notice of Sheriff's Sale by the Sheriff set forth in Pa.R.C.P 3129.2(D) is legally sufficient and Plaintiff need not republish the Notice of Sheriff's Sale. McCABE, WEISBER BY: CWAY, P.C. [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff [ ] M S. Weisberg, Esq. ] Margaret Gairo, Esq. ] Heidi R. Spivak, Esq. 1 Christine L. Graham, Esq. ] Ann E. Swartz, Esq. 1 Joseph I. Foley, Esq. ] Je L. Wunder, Esq. arol A. DiPrinzio, Esq. Number: 14-5063 Civil EXHIBIT "A" Attorney Outsourcing Support Services, Inc. Suite 2SO4 1 Huntington Quadrangle Melville, NY 11747 (516) 284-5850 Fax (855) 427-1280 Affidavit of Death Investigation for the Estate of Edward A. Ditty SUBJECT OF INVESTIGATION: Edward A. Ditty CLIENT: McCabe, Weisberg and Conway, P.C. MATTER #: 392-0307PA AOSS FILE #: 89190 SUBJECTS LAST- KNOWN/PROPERTY ADDRESS: 9 Adam Street, Enola, PA 17025 I, Rita Mastrangelo, being duly sworn according to law, depose and say that I completed a death investigation into the whereabouts of the above-named subject and the extent of the investigation and the results are as follows: I. Verification of Death 1. SOCIAL SECURITY DEATH INDEX Social Security Death Index has a record for the subject, listing the date of death as January 2, 2012. OBITUARY ARCHIVE The Obituary Archive has no record for the subject. II. Investigation for Estate Information 1. SURROGATES SEARCH A search for estate documents was conducted with the office of the Cumberland County Register of Wills. After inquiry, the Register provided documentation indicating that there are no records for the subject in Cumberland County. III. Investigation for Next of Kin 1. TRACERS INFORMATION SPECIALISTS, INC. Possible Relatives Search: No Records Found Page 2 Investigation of Edward A. Ditty continued: 2. NEIGHBORS SEARCH Stephanie M. Metzger A/K/A Stephm Kalinametzger A/K/A Stephanie K. Kalina A/K/A Stephanie Metzger Kalina 7 Blackmore CT Camp Hill, PA 17011 717 233-2426 Ronald K. Sale A/K/A Ronald Sale 16 Adams St 7 Enola, PA 17025 717 732-5431 3. PHONE INVESTIGATION Called (717) 233-2426: On May 30, 2013, deponent spoke with Mrs. Metzger. Mrs. Metzger stated she had no knowledge of the subject. Called (717) 732-5431: On May 30, 2013 & May 31, 2013, deponent left voicemails for Ronald Sale. To date, they have not been returned. The information set forth in this Death Investigation is true and correct to the best of my knowledge, information and belief. Notary Public: Sworn to and subscribed Before me this , ['k day of c.:\v kQ,2013 SIGNED: PRINT NAME: Rita Mastrangelo DATE: June 7, 2013 LAURA SCICCHITANO NOTARY PUBUC-STATE OF NEW YORK No. O1 SC:621555 B Qualified In Suffolk County rr�� My Commission Expires oecernb r 2a, 20 Rte% . Edward A. Ditty: Death Record from the Social Security Death Index (SS... Page 1 of 1 Edward A. Ditty: Social Security Death Index (SSDI) Death Record Name: Edward A. Ditty State of Issue: Pennsylvania Date of Birth: Date of Death: Monday January 02, 2012 Est. Age at Death: 67 years Confirmation: Verified The Social Security Death Index (SSDI) is made available by the Social Security Administration (SSA) to the public through a number of websites, including GenealogyBank.com. As a result, we do not control the information that is provided us in the SSDI. In order to have information corrected or removed, please contact your local Social Security Administration office. Documented proof of an error may be required. Contact information for your local office can be found at http://www.ssa.gov. http://www.genealogybank.com/gbnk/ssdi/doc/ssdi/v 1:13C90A0F6A37EC20 5/30/2013 Glenda Farner Strasbaugh Register of Wills & Clerk of Orphans' Court Marjorie A. Wevodau First Deputy Kirk S. Sohonage, Esq. Solicitor Register of One Courthouse Square Carlisle, PA 17013 Phone: 1-888-697-0371 x 6345 717-240-6345 Fax: 1-888-697-037] x 7797 OFFICES OF Wills and Clerk of the Orphans' Court County of Cumberland RESPONSE TO RESEARCH REQUEST May 20, 2013 ❑ AN ESTATE WAS LOCATED Decedent Name: Estate No.: Date Filed: Date Granted: Personal Representative: Address: City, State, Zip: Attorney Name: Address: City, State, Zip: Telephone: NO RECORD OF PROBATE ❑ NEED MORE INFORMATION TO CONDUCT SEARCH ❑ FEE REQUIRED. Please forward a check in the amount of $4 per name to be searched. Make check payable to Register of Wills and included a self-addressed stamped envelope. 1-9''`1 YOUR RECEIPT IS ENCLOSED. COMMENTS: NOTE: The fee to file a claim against an estate is $10. See our website for the Notice of Claim form. (www.ccpa.net - search for Notice of Claim) . Tracers Information Specialists, Inc. - Possible Relatives Search Page 1 of 1 Possible Relatives Search SUBJECT INFORMATION Name SSN DOB PP SX SC RM PL VO DITTY, EDWARD A 162-36= Search Result No Records Found https://www.tracersinfo.com/SearchCentral/viewreturn.php3?pargs=YToxOn... 6/7/2013 Tracers Information Specialists, Inc. - Premium People Search Page 1 of 4 Premium People Search 27 Records Search Criteria SSN: 194-58• Reports Name Address Maps SSN / DOB Phone Erl METZGER STEPHANIE M 7 BLACKMORE CT 3x CAMP HILL PA 17011-1749 Reported: 09/01/2005 - 05/24/2013 County: Cumberland Map It 194-58 Issued: 1977-1980 in DOB: Age: 50 Landline: 33-2426 2 233- KALINAMETZGER STEPHM 7 BLACKMORE CT 2x CAMP HILL PA 17011-1749 Reported: 09/01/2005 - 05/24/2013 County: Cumberland Map It 194-58 Issued: 1977-1980 in PA DOB: Age: 50 Landline: (717) 233-2426 _ KALINA STEPHANIE K 7 BLACKMORE CT 1x CAMP HILL PA 17011-1749 . Reported: 09/01/2005 - 05/24/2013 County: Cumberland Map It 194-58 Issued: 1977-1980 in PA DOB: Age: 50 KALINA METZGER STEPHANIE 7 BLACKMORE CT 2x CAMP HILL PA 17011-1749 Reported: 09/01/2005 - 05/24/2013 County: Cumberland Map It 194-58� Issued: 1977-1980 in PA DOB: ' ge: 50 _:a METZGER STEPHANIE KALINA AKA: KALINA STEPHANIE AKA: METZGER STEPHANIE AKA: KALINA STEPHANIE L 7 BLACKMORE CT 7x CAMP HILL PA 17011- 1749 Reported: 09/01/2005 - 05/24/2013 County: Cumberland Ma p It 194-58 Issued: 1977-1980 in PA DOB: ge: 50 Landline: (717) 233-2426 El KALINA STEPHANIE M AKA: KALINA STEPHANIE AKA: METZGER STEPHANIE AKA: KALINA STEPHANIE L 7 BLACKMORE CT 5x CAMP HILL PA 17011- 1749 Reported: 09/07/2005 - 11/18/2011 County: Cumberland Map It 194-58_ Issued: 1977-1980 in PA DOB: Age: 50 Landline: (717) 233-2426 KALINAMETZGER STEPHANIE M AKA: KALINA 7 BLACKMORE CT 2x CAMP HILL PA https://www.tracer.sinfo.com/SearchCentral/viewreturn.php3?pargs=YToxO... 5/30/2013 Tracers Information Specialists, Inc. - Premium People Search Page 2 of 4 ....... .... -- METZGER STEPHANIE AKA: METZGER STEPHANIE M AKA: KALINA STEPHANIE 17011-1749 Reported: 10/01/2005 10/01/2005 County: Cumberland Map It 194-58� Issued: 1977-1980 in PA DOB:Age: 50 Landline: (717) 233-2426 METZGER STEPHANIE M 200 LEWIS ST 2x HARRISBURG PA 17110-1318 Reported: 07/01/1995: 09/14/2005 County: Dauphin Map It 194-58 Issued: -1980 in PA DOB: Age: 50 L,: ! KALINA STEPHANIE M AKA: KALINA STEPHANIE AKA: METZGER STEFF AKA: METZGER STEPHANIE M 200 LEWIS ST 10x HARRISBURG PA 17110-1318 Reported: 08/14/1995 - 09/14/2005 County: Dauphin Map It 194-58 Issued: 1977-1980 in PA DOB:Age: 50 � KALINA METZGER STEPHANIE 200 LEWIS ST 2x HARRISBURG PA 17110-1318 Reported: 07/01/1995 - 09/14/2005 County: Dauphin Map It 194-58 Issued: 1977-1980 in PA - DOB: Age: 50 Reports Name Address Maps SSN / DOB Phone METZGER STEPHANIE KALINA AKA: KALINA STEPHANIE AKA: METZGER STEFF AKA: METZGER STEPHANIE M 200 LEWIS ST 8x HARRISBURG PA 17110-1318 Reported: 07/01/1995 - 09/01/2005 County: Dauphin Map It 194-58 Issued: 1977-1980 in PA DOB: ge: 50 -"- i ( l 1 KALINA STEPHANIE K 200 LEWIS ST lx HARRISBURG PA 17110-1318 Reported: 07/01/1995 - 09/01/2005 County: Dauphin Map It 194-58 Issued: 1977-1980 in PA DOB: ge: 50 ` = KALINAMETZGER STEPHANIE M AKA: KALINA METZGER STEPHANIE AKA: METZGER STEPHANIE M 2 ADAM ST lx ENOLA PA 17025 Reported: 11/13/2000 - 11/13/2000 County: Cumberland Map It 194-58 � Issued: 1977-1980 in PA METZGER STEPHANIE KALINA 2 ADAM ST lx ENOLA PA 17025 Reported: 11/13/2000 - 11/13/2000 County: Cumberland Map It 194-58 Issued: 1977-1980 in PA 2 ADAMS ST 2x https://www.tracersinfo.com/SearchCentral/viewreturn.php3?pargs=YToxO... 5/30/2013 Tracers Information Specialists, Inc. - Premium People Search Page 3 of 4 https://www.tracersinfo.com/SearchCentral/viewreturn.php3?pargs=YToxO... 5/30/2013 KALINAMETZGER STEPHANIE M ENOLA PA 17025- 2801 Reported: 11/13/2000 - 11/13/2000 County: Cumberland Map It 194-58 Issued: 1977-1980 in PA DOBAge: 50 METZGER STEPHANIE KALINA 2 ADAMS ST 3x ENOLA PA 17025- 2801 Reported: 11/13/2000 - 11/13/2000 County: Cumberland Map It 194-58 Issued: 1977-1980 in PA DOB ge: 50 __ METZGER STEPHANIE KALINA 111 WORCESTER 6x AV 10 HARRISBURG PA 17111-4118 Reported: 07/01/1990 - 09/01/2000 County: Dauphin Mltp 194-58 Issued• 977-1980 in PA DOB: ' ge: 50 rn METZGER STEPHANIE M 2ADAMSSTR lx ENOLA PA 17025- 2801 Reported: 07/09/1996 - 07/09/1996 County: Cumberland Map It 194-58� Issued: 1977-1980 in PA DOBAge: 50 KALINA METZGER STEPHANIE 2 ADAMS ST R 2x ENOLA PA 17025- Reported: 07/09/1996 - 07/09/1996 County: Cumberland Ma p It 194-58� Issued: 1977-1980 in PA DOB: , ge: 50 KALINA STEPHANIE M 2 ADAMS ST R 4x ENOLA PA 17025- 2801 Reported: 07/09/1996 - 07/09/1996 County: Cumberland Map It 194-58 Issued: 1977-1980 in PA DOB: ' ge: 50 Reports Name Address Maps SSN / DOB Phone Ems% KALINA STEPHANIE M 111 WORCESTER 4x AVE HARRISBURG PA 17111-4118 Reported: 01/07/1991 - 08/08/1995 County: Dauphin Ma p It 194-58 Issued: 1977-1980 in PA DOB: Age: 50 - METZGER STEPHANIE M 111 WORCESTER 2x AVE HARRISBURG PA 17111-4118 Reported: 07/01/1990 - 08/08/1995 County: Dauphin Ma p It 194-58 Issued: 1977-1980 in PA DOB ge: 50 ri KALINA METZGER 111 WORCESTER 2x AVE HARRISBURG PA 17111-4118 Map It 194-58 Issued: 1977-1980 in PA https://www.tracersinfo.com/SearchCentral/viewreturn.php3?pargs=YToxO... 5/30/2013 Tracers Information Specialists, Inc. - Premium People Search Page 4 of 4 https://www.tracersinfo.com/SearchCentral/viewreturn.php3?pargs=YToxO... 5/30/2013 STEPHANIE Reported: 07/01/1990 - 08/08/1995 County: Dauphin DOB , ge: 50 - : KALINAMETZGER STEPHANIE M AKA: KALINA METZGER STEPHANIE AKA: METZGER STEPHANIE M AKA: METZGER STEPHANIE AKA: KALINA STEPHANIE L AKA: METZGER STEFF 200 LEWIS ST 4x HARRISBURG PA 17110-1318 Reported: 07/01/1995 - 07/01/1995 County: Dauphin Map It 194-58 Issued: 1977-1980 in PA DOB: -Age: 50 { tJ KALINA STEPHANIE K 111 WORCESTER lx AVE 10 HARRISBURG PA 17111-4118 Reported: 07/01/1990 - 06/30/1995 County: Dauphin Ma p It 194-58 Issued: 1980 in PA DOB: Age: 50 KALINAMETZGER STEPHANIE M AKA: KALINA METZGER STEPHANIE AKA: METZGER STEPHANIE M 111 WORCESTER 3x AV 10 HARRISBURG PA 17111-4118 Reported: 11/01/1994 - 11/01/1994 County: Dauphin Ma p It 194-58 Issued: 1977-1980 in PA DOB: ' ge: 50 __. 7 KALINA STEPHANIE K 2 ADAMS ST lx ENOLA PA 17025- 2801 County: Cumberland Map It 194-58� Issued: 1977-1980 in PA DOB: Age: 50 https://www.tracersinfo.com/SearchCentral/viewreturn.php3?pargs=YToxO... 5/30/2013 Tracers Information Specialists, Inc. - Premium People Search Page 1 of 2 Premium People Search 8 Records Search Criteria SSN: 196-48=11 Reports Name Address Maps SSN / DOB Phone SALE RONALD K AKA: SALE RONALD 16 ADAMS ST 7 10x ENOLA PA 17025- 2801 Reported: 10/24/1992 - 05/19/2013 County: Cumberland Map It 196-48 Issued: 1972-1973 in PA DOB: -Age: 53 Landline: (717) 732- 5431 SALE RONALD K 13 WALMAR MN 2x DILLSBURG PA 17019-1411 Reported: 11/13/2000 - 11/13/2000 County: York Map It 196-48 Issued: 1972-1973 in PA DOB Age: 53 SALE RONALD K 13 WALMAR lx MANOR DILLSBURG PA 17019 Reported: 11/13/2000 - 11 /13/2000 County: York Map It 196-48In Issued: 1972-1973 in PA SALE RONALD K 16 ADAMS ST lx ENOLA PA 170252801 Reported: 07/26/1996 - 07/26/1996 Map It 196-48rj Issued: 1972-1973 in PA SALE RONALD K 16 ADAM ST lx ENOLA PA 17025 Reported: 04/01/1993 - 04/01/1993 County: Cumberland Map It 196-48 Issued: 1972-1973 in PA [ SALE RONALD K 1004 CHARLES ST 6x MECHANICSBURG PA 17055-3944 Reported: 05/01/1990 - 03/31/1993 County: Cumberland Map It 6-48 Issued: 1972-1973 in PA DOB: • ge: 53 - SALE 13 WALMAR MNR 2x DILLSBURG PA 17019-1411 Map It 196-48 RONALD Reported: 04/30/1990 - Issued: 1972-1973 in PA https://www.tracersinfo.com/SearchCentral/viewreturn.php3 ?pargs=YToxO... 5/3 0/2013 Tracers Information Specialists, Inc. - Premium People Search Page 2 of 2 https://www.tracersinfo.com/SearchCentral/viewretum.php3?pargs=YTox0... 5/30/2013 K 04/30/1990 County: York DOB Age: 53 SALE RONALD K 9 WALMAR MNR lx DILLSBURG PA 17019-1410 Reported: 06/01/1987 - 03/23/1990 County: York Map It 196-48 Issued: 1972-1973 in PA DOB https://www.tracersinfo.com/SearchCentral/viewretum.php3?pargs=YTox0... 5/30/2013 EXHIBIT "B" REO America Abstract Inc. 123 South Broad Street Philadelphia, PA 19109 Title No. 2012-19416 2 OWNER SEARCH 09/25/1996 THRU 09/27/1996 Prepared For: McCabe, Weisberg & Conway, P.C. Client Ref. No.: Premises: County: CUMBERLAND 9 ADAMS STREET ENOLA, PA 17025 Tax Map/Parcel ID No.: District: Section: Block: Lot: TAX ID #: 09-15-1291-297 EAST PENNSBORO TOWNSHIP That a search has been made against the premises described in Schedule "A" to the date hereof, and title to said premises is vested of record in EDWARD A. DITTY, A SINGLE PERSON . Current Deed: Grantor: SEMYON FRIDMAN AND ANNA FRIDMAN, ALSO KNOWN AS ANNA NIKOLAYENVA FRIDMAN, BY SEMYON ROMANOVICH FRIDMAN, HER ATTORNEY- IN-FACT, HUSBAND AND WIFE Grantee: EDWARD A. DITTY, A SINGLE PERSON Dated: 06/28/2001 Recorded: 06/29/2001 Liber: 247 Page: 843 Prior Chain of Title: (See Attached or None Found) This search includes appended schedules, as follows: Description of Mortgaged Premises (Schedule A) Mortgages and Assignments of Record (Schedule B) Judgment and Lien Information Tax Information REO America Abstract Inc. 123 South Broad Street Philadelphia, PA 19109 Effective as of 09/25/1996 THRU 09/27/1996 Title No, 2012-19416 PRIOR CHAIN OF TITLE INFORMATION Prior Deed: Grantor: HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Grantee: SEMYON FRIDMAN AND ANNA FRIDMAN, HUSBAND AND WIFE Dated: 09/25/1996 Recorded: 09/27/1996 Liber: 146 Page: 680 Grantor: Grantee: Dated: Recorded: Liber: Page: REO America Abstract Inc. 123 South Broad Street Philadelphia, PA 19109 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES Title No. 2012-19416 ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN SIDE OF ADAMS STREET (50 FEET WIDE) 467 FEET WEST OF THE CENTER LINE OF ENOLA ROAD; ALSO AT THE DIVIDING LINE BETWEEN LOTS 142 AND 143 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EXTENDING ALONG ADAMS STREET SOUTH 75 DEGREES WEST 25 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS 143 AND 144 ON SAID PLAN; THENCE ALONG THE SAME NORTH 75 DEGREES 25 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS 142 AND 143 ON SAID PLAN; THENCE EAST ALONG SAID DIVIDING LINE SOUTH 15 DEGREES EAST 150 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOT NO. 143 ON THE PLAN OF LOTS LAID OUT BY PYNE AND ADAMS, WHICH SAID PLAN IS RECORDED IN PLAN BOOK 1, PAGE 17, CUMBERLAND COUNTY RECORDS. REO America Abstract Inc. 123 South Broad Street Philadelphia, PA 19109 SCHEDULE B MORTGAGES AND ASSIGNMENTS OF RECORD Title No. 2012-19416 One Mortgagor: EDWARD A. DITTY Mortgagee: PENNSYLVANIA STATE BANK, A DIVISION OF BLC BANK, N.A. Amount: $63,000.00 Dated: 10/05/2007 Recorded: 10/12/2007 Liber: N/A Page: N/A INSTRUMENT #200739271 Assignment of Mortgage Assignor: N.A. PENNSYLVANIA STATE BANK, A DIVISION OF BLC BANK, Assignee: TAYOR, BEAN & WHITAKER MORTGAGE CORP. Dated: 10/05/2007 Recorded: 10/12/2007 Liber: N/A Page: N/A INSTRUMENT #200739272 REO America Abstract Inc. 123 South Broad Street Philadelphia, PA 19109 SCHEDULE B - CONTINUED MORTGAGES AND ASSIGNMENTS OF RECORD Title No. 2012-19416 Two Mortgagor: EDWARD A. DITTY Mortgagee: REDVELOPMENT AUTHORITY OF THE COUNTY OF COMMOWEALTH OF PENNSYLVANIA Amount: S3,000.00 Dated: 09/14/2011 Recorded: 11/04/2011 Liber: N/A Page: N/A INSTRUMENT #201130655 REO America Abstract Inc. 123 South Broad Street Philadelphia, PA 19109 Title No. 2012-19416 JUDGMENT AND LIEN INFORMATION JUDGMENTS - NONE FOUND OF RECORD MECHANICS/MUNICIPALS - NONE FOUND OF RECORD UNITED STATES DISTRICT COURTS WERE NOT SEARCHED BANKRUPTCY COURTS WERE NOT SEARCHED DOMESTICS/PACS WERE NOT SEARCHED Title No. 2012-19416 REO America Abstract Inc. 123 South Broad Street Philadelphia, PA 19109 TAX INFORMATION TAX ID #: 09-15-1291-297 EAST PENNSBORO TOWNSHIP ASSESSED VALUE: $96,400.00 NO TAX INFORMATION AVAILABLE PLEASE NOTE: POWER OF ATTORNEY RECORDED 06/29/2001 AT BOOK 679 PAGE 611 PLEASE NOTE: AGREEMENT RECORDED 09/27/ 1996 AT BOOK 531 PAGE 245 WITH HOUSING AUTHORITY FOR RIGHT OF FIRST REFUSAL. McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPR1NZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB 425 Phillips Boulevard Trenton, NJ 08618 Plaintiff v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner 9 Adams Street Enola, Pennsylvania 17025 Defendant Cumberland County Court of Common Pleas Number: 14-5063 Civil Attorneys for Plaintiff MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Furthermore, Pennsylvania Rule of Civil Procedure 430(b)(2) specifically provides: (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. Number: 14-5063 Civil Plaintiff has been unable to identify and/or locate additional heirs of Edward A. Ditty. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order pursuant to Pennsylvania Rules of Civil Procedure 430 and 3129.2(D) directing service of the Complaint by posting, publication and by mail and further directing that all subsequent Notices and pleadings that require personal service may be served in this manner except that publication of the Notice of Sheriff's Sale by the Sheriff set forth in Pa.R.C.P 3129.2(D) is legally sufficient and Plaintiff need not republish the Notice of Sheriff's Sale. McCABE, WEISBER BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff Y, P.C. [ ] Marc :° Weis , - :, sq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Je Ter L. Wunder, Esq. [ arol A. DiPrinzio, Esq. Nnmher 14_SO0 C it VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBE CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esq. [ ] S. Weisbe , Esq. [ ] Edward D. Conway, Esq. [ ] Margaret Gairo, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [ ] Joseph 1. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. JiTfer L. Wunder, Esq. [ ] Lena Kravets, Esq. [ Carol A. DiPrinzio, Esq. Attorneys for Plaintiff Cenlar FSB v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Cumberland County; C.C.P.; Number: 14-5063 Civil McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH 1. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 31.3673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB 425 Phillips Boulevard Trenton, NJ 08618 Plaintiff v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner 9 Adams Street Enola, Pennsylvania 17025 Defendant Cumberland County Court of Common Pleas Number: 14-5063 Civil Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that service of a true and correct copy of the Motion for Service Pursuant to Special Order of Court was made on the 11th day of September, 2014 to the individual(s) named below by United States Mail, Postage Pre -Paid. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner 9 Adams Street Enola, Pennsylvania 17025 McCABE, E SBERG BY: CONWAY, P.C. [ ] Terrence J. McCabe, s [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ) Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff [ I Marc Weisberg, Esq. [ I Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ I Joseph I. Foley, Esq. fifer L. Wunder, Esq. ol A. DiPrinzio, Esq. McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH 1. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB Plaintiff v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Defendant Cumberland County Court of Common Pleas Number: 14-5063 Civil ORDER Attorneys for Plaintiff AND NOW, this Iq day ofP-diAr , 2014, upon consideration of Plaintiff's Motion for Service upon the Defendant, Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner, Pursuant to Special Order of Court, it is hereby ORDERED that pursuant to Pennsylvania Rules of Civil Procedure 430, Plaintiff may comply with the applicable service requirements by one PUBLICATION of a NOTICE of the filing of the Complaint in Cumberland County newspaper with daily circulation and by one PUBLICATION of a NOTICE of the filing of the Complaint in the Cumberland Law Journal; by POSTING the premises 9 Adams Street, Enola, Pennsylvania 17025 with a copy of the Complaint filed in the above captioned matter and by MAILING by Certified Mail, Return Receipt requested a true and correct copy of the Complaint to the premises which is the subject of the action. Number: 14-5063 Civil C s 1 FURTHER, it is ORDERED that the Plaintiff may serve all subsequent Notices and pleadings, that require personal service, in the manner set forth above except that Notice of Sheriff's Sale made by the Sheriff in the manner set forth in Pa.R.C.P. 3129.2(D) is legally sufficient and Plaintiff need not re -publish. SERVICE shall be deemed effectuated and completed upon the PUBLICATION, POSTING or MAILING, whichever is later. ec.49/44yc'inta BY THE COURT: Number: 14-5063 Civil Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Di eiiilibett OF Q TK 5,;RRIFF rHL PROTHONOTAi', nit OCT -1 PM 2:38 CUMBERLAND COUNTY PENNSYLVANIA Cenlar FSB vs. Unknown surviving heirs of Edward A. Ditty Case Number 2014-5063 SHERIFF'S RETURN OF SERVICE 09/24/2014 12:52 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Richie L. James, Occupant, who accepted as "Adult Person in Charge" for Unknown surviving heirs of Edward A. Ditty at 9 Adams Street, East Pennsboro Township, Enola, PA 17025. Mr. James is the current tenant and is unaware of any heirs of Mr. Ditty, TIM ACK, DEPUTY SHERIFF COST: $61.90 SO ANSWERS, September 25, 2014 RONNJY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Jt- rE PROTH°N° 1t; 2014 OCT --3 APi 11: CUMBERLAND C0ut;T' ANNA McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Cenlar FSB Plaintiff v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Defendants Cumberland County Court of Common Pleas Number 14-5063 Civil PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above -captioned matter. M BE, WEIS:,'RGA BY: 2 CONW , P.C. [ ] Terrence cCabe, Esq. [ arc S. Weisberg, Esq. [ ] EdwD. Conway, Esq. [ •_ airo, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [e] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff $(11.1picf)tt ijk OD-, Pg .I 0► r,� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Sheriff OF THE PROTHONOTAi• Ronny R Anderson r pt C l uotir. 4, Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE C+r Tj E SHERIFF ZVI OCT 214 PM 3: 35 CUMBERLAND COUNTY PENNSYLVANIA Cenlar FSB vs. Unknown surviving heirs of Edward A. Ditty Case Number 2014-5063 SHERIFF'S RETURN OF SERVICE 10/10/2014 01:04 PM - Deputy Tim Black, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Unknown surviving heirs of Edward A. Ditty, pursuant to Order of Court by "Posting" the premises located at 9 Adams Street, East Pennsboro Township, Enola, PA 17025 with a true and correct copy according to law. TIM LACK DEPUTY SHERIFF COST: $50.95 SO ANSWERS, October 15, 2014 RONIV R ANDERSON, SHERIFF (c) CountySui;e Sheriff, Tcieosoft, inc. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEI.DI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB Plaintiff v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Defendants = LJ -CFF THE P['iO 1 'I .ti'4O it i 2;11 OCT 3 I PH 2! 22 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 14-5063 Civil AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF PHILADELPHIA The undersigned attorney being duly sworn according to law, deposes and says that the following is true and correct to the best of his/her knowledge and belief: 1. That he/she is counsel for the above-named Plaintiff; 2. That on October 9, 2014, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his/her last -known address of 9 Adams Street, Enola, Pennsylvania 17025. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A". 3 That on October 10, 2014, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner, by posting the same at the mortgaged premises of 9 Adams Street, Enola, Pennsylvania 17025. A true and correct copy of the Sheriffs Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B". 4. That on October 10, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner, through publication in the Sentinel. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "C". 5. That on October 17, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner, through publication in the Cumberland Law Journal. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "D". SWORN AND SUBSCRIBED BEFORE ME THIS 24414, DAY OF o z \.,.., , 2014 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEAN R. JACOBS, JR., Notary Public City of Philadelphia, Phila. County My Commission Expires June 27, 2017 McCABE, WEISBERG AND CONWAY, P.C. BY: ":42 [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ [ ] Andrew L. Markowitz, Esq. [ [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff arc S. Weisberg, Esq. argaret Gairo, Esq. idi R. Spivak, Esq. Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Lena Kravets, Esquire I 1. McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB Plaintiff v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Defendant Cumberland County Court of Common Pleas Number: 14-5063 Civil ORDER U Attorneys for Plaintiff na r^� AND NOW, this ter day of 57,P_ " , 2014, upon consideration of Plaintiff s Motion for Service upon the Defendant, Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner, Pursuant to Special Order of Court, it is hereby ORDERED that pursuant to Pennsylvania Rules of Civil Procedure 430, Plaintiff may comply with the applicable service requirements by one PUBLICATION of a NOTICE of the filing of the Complaint in Cumberland County newspaper with daily circulation and by one PUBLICATION of a NOTICE of the filing of the Complaint in the Cumberland Law Journal; by POSTING the premises 9 Adams Street, Enola, Pennsylvania 17025 with a copy of the Complaint filed in the above captioned matter and by MAILING by Certified Mail, Return Receipt requested a true and correct copy of the Complaint to the premises which is the subject of the action. Number. 14.5063 Civil FURTHER, it is ORDERED that the Plaintiff may serve all subsequent Notices and pleadings, that require personal service, in the manner set forth above except that Notice of Sheriff's Sale made by the Sheriff in the manner set forth in Pa.R.C.P. 3129.2(D) is legally sufficient and Plaintiff need not re -publish. SERVICE shall be deemed effectuated and completed upon the PUBLICATION, POSTING or MAILING, whichever is later. BY THE COURT: d, Number 14-5063 Civil SUITE 210 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914) 636-8901 SUITE 201 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 130 DELAWARE CORPORATE CENTER 1 ONE RIGHTER PARKWAY WILMINGTON, DE 19803 (302) 409-3520 FAX 855-425-1980 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 1400 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 October 9, 2014 Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner 9 Adams Street Enola, Pennsylvania 17025 SUITE 800 312 MARSHALL AVENUE LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia SUITE 203 722 E. MARKET STREET LEESBURG, VA 20176 (571) 449 9350 FAX: (855) 845-2585 SUITE 2S06 1 HUNTINGTON QUADRANGLE MELVILLE, NY 11747 (631) 812-4084 FAX: (855) 845-2584 Re: Cenlar FSB v.Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner and Edward A. Ditty Cumberland County; Court of Common Pleas; Number: 14-5063 Civil Dear Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner, Enclosed please find a true and correct copy of the Complaint in Mortgage Foreclosure, the original of which has been duly filed of record with the Court. /mceEnclosure SENT VIA CERTIFIED MAIL NUMBER 7014 1820 0001 2381 7962 Very truly yours, Maggie Cline, Paralegal For McCabe, Weisberg and Conway, P.C. This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ��tirwo gat Ca mbr;•%yrr d Cenlar FSB vs. Unknown surviving heirs of Edward A. Ditty Case Number 2014-5063 SHERIFF'S RETURN OF SERVICE 10/1n/2014 01:04 PM - Deputy Tim Black, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Unknown surviving heirs of Edward A. Ditty, pursuant to Order of Court by "Posting" the premises located at 9 Adams Street, East Pennsboro Township, Enola, PA 17025 with a true and correct copy according to law. SHERIFF COST: $50.95 October 15, 2014 Coonr 3,du: snonrr, rcis:asor TIM LACK, DEPUTY SO ANSWERS, RONNY R ANDERSON, SHERIFF PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Cathy Clark, Advertising Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of October 10, 2014. COPY OF NOTICE OF PUBLICATION Cumberland County, Court of Common Plea's Number 14-8063 Civil %Notice of Action in Mortgage Foreclosuie, CenlarFSB Ditty Piarntiffv UnknownSurvivngHeirsofEdwardA.Deceased. • Mortgagorand:RealOwner Defendants TO Unknown Surviving Heirs of Edward A Ditty Deceased Mortgagor and Real Owner Premises subject to foreclosure 9 Adams Street Enola Pennsylvania 17025 NOTICE If youwiah to defend you must enter a written appearance personally or,by,attorney and file your defenses, or objections in wilting with the court You are warned that if.you fail to do so the case may proceed without you and a Judgment may be entered against y'ou without further notice for the relief requested by the Plaintiff Y6 rney . lose'money orp�operty or other nghts.;importent to you You should take this • notice to your awyer at'once If you do not have a lawyer go to or telephone the office set forth below. This office can provide you with'tnforrr€ation about hiring a lawyer If y'ou cannot afford to, hire a lawyer this officemay be able to provide you With information about agencies that may offeriegal serwces ( . to eligible persons at a reduced fee or no fee Cumberland Coun"ty,-Bar Asaociatton ;22 South Bedford Street Carlisle PennsylvanlaS17013 800=990 9108. McCabe !Weisberg &;Conway'`F, C Attorneys for•.P.Iamtiff; 123`South`BroadStreet Suite 1400, Philadelphia PA 19109, 6:101 P. EXiBiT C Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication a true. Sworn to and subscribed before me this O...AN4 . Abiand �f11 Notary(jublic My commission expires: COMMONW AL h O VENNSYtVANIA Notarial Se& Bethany M. F1oItry, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 2.6, 2025_ MEMBI R. T PP:NhSSYi,. `" '`^j ;ATION 01- NOTARIES PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 17, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. fsa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 17 day of October, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE B0R0., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE Cumberland County Court of Common Pleas Number: 14-5063 Civil Cenlar FSB, Plaintiff v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner, Defendants TO: Unknown Surviving Heirs of Edward A. Ditty, Deceased Mort- gagor and Real Owner Premises subject to foreclosure: 9 Adams Street, Enola, Pennsylvania 17025. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. You should take this notice 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 re- duced fee or no fee. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 12 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff 123 S. Broad St. Ste. 1400 Philadelphia, PA 19109 (215) 790-1010 Oct. 17 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB Plaintiff v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff GF FILLO-OFFICE Ti IE PROTHONOTARY MA NOV I 9. Ail I!: 014 CUNDE LAILLGOUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5063 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant, Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner, in the above -captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure, and assess damages as follows: Amount Due Interest from 08/26/14 to 11/18/14 Total Date: It cy L AND NOW, this'1.day of $ 72,588.60 $ 290.70 $ 72,879.30 McCABE, WEISBERG & CONWAY, P.C. BY: Ct7e:Y•--C [ ] Terrence J. McCabe, Esq. [ I Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ) Brian T. LaManna, Esq. [ 1 Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio,'Esq. Attorneys for Plaintiff 8\3, arc S. Weisberg, Esq. argaret Gairo, Esq. Heidi R. Spivak, Esq. Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ) Lena Kravets, Esq. , 2014, Judgment is entered in favor of Plaintiff, Cenlar FSB, and against Defendant, Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner, in rem only and not in personain, and damages are assessed in the amount of $72,879.30, plus interest and costs. • McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 176I6 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH 1. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB Plaintiff v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 14-5063 AFFIDAVIT OF LAST -KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: The undersigned attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that the last -known mailing address of the Defendant is: Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner 9 Adams Street Enola, Pennsylvania 17025 SS. SWORN AND SUBSCRIBED Date: I /- BEFORE BEFORE ME THIS [AH DAY OF 0404.•$4 / , 2014 R NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEAN R. JACOBS,JR., Notary Public City of Philadelphia, Phila. County My Commission Expires June 27, 2017 McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff arc S. Weisberg, Esq. ] Margaret Gairo, Esq. ] Heidi R. Spivak, Esq. 4'Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Lena Kravets, Esq. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH 1. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB Plaintiff v. Unknown Surviving Heirs of Edward A. Ditty; Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5063 CERTIFICATION The undersigned hereby certifies that he/she is the attorney for Plaintiff, being duly sworn according to law, deposes and says that a letter was deposited in the United States Mail notifying the Defendant that judgment would be entered against him/her/them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS 1 •+1 --DAY OF lscu-a.. , 2014 p A,1� NOTARY PUB IC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEAN R. JACOBS, JR., Notary Public City of Philadelphia, Phila. County My Commission Expires June 27, 2017 Date: I HT T ) 4 McCABE, WEISBERG & CONWAY, P.C. BY: rx2,,,,„ [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff [ [ [ arc S. Weisberg, Esq. ] Margaret Gairo, Esq. ] eidi R. Spivak, Esq. Christine L. Graham, Esq. ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Lena Kravets, Esq. VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff arc S. Weisberg, Esq. [ I' argaret Gairo, Esq. [ JYfeidi R. Spivak, Esq. [/] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Lena Kravets, Esq. Cenlar FSB v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Cumberland County; Number: 14-5063 Curt Long Prothonotary To: OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 November 7, 2014 Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner 9 Adams Street Enola, Pennsylvania 17025 Cenlar FSB vs. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number 14-5063 NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOu SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 mce NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE, SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGON HONORARIO. Cumberland County Bar Association 2 :'ti Bedford Street ennsylvania 17013 990-9108 BY: [ ] Terrence J. McCa./ r'quire [ ] Edward D. Co . ay, Esquire [ 1 Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ )QiJoseph F. Riga, Esquire [ I ] Celine P. DerKrikorian, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff x h b ] Marc S. Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ 1 Lena Kravets, Esquire 68191 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner 9 Adams Street Enola, Pennsylvania 17025 Cenlar FSB Plaintiff v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 14-5063 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDG as indicated below. he above pr PrO-thonOtary Judgment by Default iq Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Cenlar FSB v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner FILE NO.: 14-5063 Civil Term AMOUNT DUE: $72,879.30 INTEREST: from 11/19/14 $2,360.06 at $11.98 ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account <sn 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. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 9 Adams Street, Enola, Pennsylvania 17025 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, 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). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attachedrexhibit. DATE: 1 Z (I 1 I `f McC : E, WEIS • ERG &ONWAY, P.0 [ ] Terrence J " cCabe, Esq. [ ] Edward 4. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff alu4 51 lo‘ go nnC] l� \�,v\ `\S:J tt ll V.1S 1 5 d a /4 a [ ] Mar S. Weisberg, Esq. [ ] M garet Gairo, Esq. [ ] He , Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. ['Joseph I. Foley, Esq. [ ] Lena Kravets, Esq. Address:123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 upro e Court Io No. al//c.2f6&7? e# LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN SIDE OF ADAMS STREET (50 FEET WIDE) 467 FEET WEST OF THE CENTER LINE OF ENOLA ROAD; ALSO AT THE,DIVIDING LINE BETWEEN LOTS 142 AND 143 ON THE .HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EXTENDING ALONG ADAMS STREET SOUTH 75 DEGREES WEST 25 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS 143 AND 144 ON SAID PLAN; THENCE ALONG THE SAME NORTH 75 DEGREES 25 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS 142 AND 143 ON SAID PLAN; THENCE EAST ALONG SAID DIVIDING LINE SOUTH 15 DEGREES EAST 150 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOT NO. 143 ON THE PLAN OF LOTS LAID OUT BY PYNE AND ADAMS WHICH SAID PLAN IS RECORDED IN PLAN BOOK 1, PAGE 17, CUMBERLAND COUNTY RECORDS. HAVING THEREON ERECTED THE EASTERN ONE HALF OF A TWO AND ONE HALF STORY FRAME DWELLING KNOWN AS 9 ADAMS STREET, SOUTH ENOLA, PENNSYLVANIA. UNDER AND SUBJECT, NEVERTHELESS TO EASEMENTS, RESTRICTIONS, RESERVATIONS, CONDITIONS AND RIGHTS OF WAY OF RECORD. Premises: 9 Adams Street, Enola, Pennsylvania 17025. BEING the same premises which Semyon Fridman and Anna Fridman, alson knowm as Anna Nikolayenva Fridman, by Semyon Romanovich Fridman, her attornet-in-fact, husband and wife by deed dated June 28, 2001 and recorded June 29, 2001 in Deed Book 247, Page 843, granted and conveyed unto Edward A.Ditty . The said Edward A.Ditty died on January 2, 2012 thereby vesting title in Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner by operation of law. TAX MAP PARCEL NUMBER: 09-15-1291-297 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB Plaintiff v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Defendant ttl;.{t' Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 14-5063 AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 9 Adams Street, Enola, Pennsylvania 17025, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner 2. Name and address of Defendant in the judgment: Name Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Address 9 Adams Street Enola, Pennsylvania 17025 Address 9 Adams Street Enola, Pennsylvania 17025 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 Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address • Plaintiff herein REDVELOPMENT AUTHORITY 53 West South Street, Suite 1 OF THE COUNTY OF Carlisle , Pennsylvania 17013 COMMOWEALTH OF PENNSYLVANIA 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name NONE Address 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address 9 Adams Street Enola, Pennsylvania 17025 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name NONE Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. [2")I DAT McC BY: [ ] Terren ERG N . McCabe, Esq. [ ] Edw.: D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff , P.C. [ Marc S. Weisberg, Esq. [ Margaret Gairo, Esq. [ ] ' ei . 1,1' . Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [,07] Joseph I. Foley, Esq. [ ] Lena Kravets, Esq. Cenlar FSB v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Cumberland County; Number: 14-5063 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN SIDE OF ADAMS STREET (50 FEET WIDE) 467 FEET WEST OF THE CENTER LINE OF ENOLA ROAD; ALSO AT THE DIVIDING LINE BETWEEN LOTS 142 AND 143 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EXTENDING ALONG ADAMS STREET SOUTH 75 DEGREES WEST 25 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS 143 AND 144 ON SAID PLAN; THENCE ALONG THE SAME NORTH 75 DEGREES 25 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS 142 AND 143 ON SAID PLAN; THENCE EAST ALONG SAID DIVIDING LINE SOUTH 15 DEGREES EAST 150 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOT NO. 143 ON THE PLAN OF LOTS LAID OUT BY PYNE AND ADAMS WHICH SAID PLAN IS RECORDED IN PLAN BOOK 1, PAGE 17, CUMBERLAND COUNTY RECORDS. HAVING THEREON ERECTED THE EASTERN ONE HALF OF A TWO AND ONE HALF STORY FRAME DWELLING KNOWN AS 9 ADAMS STREET, SOUTH ENOLA, PENNSYLVANIA. UNDER AND SUBJECT, NEVERTHELESS TO EASEMENTS, RESTRICTIONS, RESERVATIONS, CONDITIONS AND RIGHTS OF WAY OF RECORD. Premises: 9 Adams Street, Enola, Pennsylvania 17025. BEING the same premises which Semyon Fridman and Anna Fridman, alson knowm as Anna Nikolayenva Fridman, by Semyon Romanovich Fridman, her attornet-in-fact, husband and wife by deed dated June 28, 2001 and recorded June 29, 2001 in Deed Book 247, Page 843, granted and conveyed unto Edward A.Ditty . The said Edward A.Ditty died on January 2, 2012 thereby vesting title in Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner by operation of law. TAX MAP PARCEL NUMBER: 09-15-1291-297 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Cenlar FSB v. Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 14-5063 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner 9 Adams Street Enola, Pennsylvania 17025 Your house (real estate) at 9 Adams Street, Enola, Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on June 3, 2015 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $72,879.30 obtained by Cenlar FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Cenlar FSB the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES 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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 on the sale. To fmd out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of 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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN SIDE OF ADAMS STREET (50 FEET WIDE) 467 FEET WEST OF THE CENTER LINE OF ENOLA ROAD; ALSO AT THE DIVIDING LINE BETWEEN LOTS 142 AND 143 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EXTENDING ALONG ADAMS STREET SOUTH 75 DEGREES WEST 25 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS 143 AND 144 ON SAID PLAN; THENCE ALONG THE SAME NORTH 75 DEGREES 25 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS 142 AND 143 ON SAID PLAN; THENCE EAST ALONG SAID DIVIDING LINE SOUTH 15 DEGREES EAST 150 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOT NO. 143 ON THE PLAN OF LOTS LAID OUT BY PYNE AND ADAMS WHICH SAID PLAN IS RECORDED IN PLAN BOOK 1, PAGE 17, CUMBERLAND COUNTY RECORDS. HAVING THEREON ERECTED THE EASTERN ONE HALF OF A TWO AND ONE HALF STORY FRAME DWELLING KNOWN AS 9 ADAMS STREET, SOUTH ENOLA, PENNSYLVANIA. UNDER AND SUBJECT, NEVERTHELESS TO EASEMENTS, RESTRICTIONS, RESERVATIONS, CONDITIONS AND RIGHTS OF WAY OF RECORD. Premises: 9 Adams Street, Enola, Pennsylvania 17025. BEING the same premises which Semyon Fridman and Anna Fridman, alson knowm as Anna Nikolayenva Fridman, by Semyon Romanovich Fridman, her attornet-in-fact, husband and wife by deed dated June 28, 2001 and recorded June 29, 2001 in Deed Book 247, Page 843, granted and conveyed unto Edward A.Ditty . The said Edward A.Ditty died on January 2, 2012 thereby vesting title in Unknown Surviving Heirs of Edward A. Ditty, Deceased Mortgagor and Real Owner by operation of law. TAX MAP PARCEL NUMBER: 09-15-1291-297 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net CENLAR FSB Vs. NO 14-5063 Civil Term CIVIL ACTION — LAW UNKNOWN SURVIVING HEIRS OF EDWARD A. DITTY, DECEASED MORTGAGOR AND REAL OWNER WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $72,879.30 L.L.: $.50 Interest FROM 11/19/14 - $2,360.06 AT $11.98 Atty's Comm: Due Prothy: $2.25 Atty Paid: $285.35 Other Costs: Plaintiff Paid: Date:. l2/16/14 "D.2.-tt:eLM . David D. Buel , Prothonotary REQUESTING PARTY: Nam: JOSEPH I. FOLEY, ESQUIRE Address: MCCABE, WEISBERG & CONWAY, P.C. 123 S. BROAD STREET, SUITE 1400 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. Deputy