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HomeMy WebLinkAbout06-2192 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The CIT Group/ Consumer Finance, Inc. 715 South Metropolitan Ave. Suite 150 Oklahoma City, OK 73108 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 Defendant(s) NO. a,. ;2/t};"( u,J COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Race falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address ofthe original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.c. Isl Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Wilmington Finance, a Division of AIG, FSB Assignments of Record to: The CIT Group/ Consumer Finance, Inc. Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3 . On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g) The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 329 Juniper Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Carlisle COUNTY: Cumberland DATE EXECUTED: 10/29/04 DATE RECORDED: 11/1/04 BOOK: 1886 PAGE: 1288 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 3/28/06; Principal of debt due Unpaid Interest at 7.115% from 8/1/05 to 3/28/06 (the per diem interest accruing on this debt is $13.71 and that sum should be added each day after 3/28/06) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $69.18 and that sum should be added on the first of each month after 3/28/06) Late Charges (monthly late charge of $23.79 should be added in accordance with the terms of the note each month after 3/28/06) Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $71,058.20 3,060.27 325.00 280.00 689.63 274.16 3.552.91 $79,240.17 7. The attorney's fee 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 the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $79,240.17 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. I, )\ lW! Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ''-''-..iik'" ALL thet certain piece or percel of lend with the bUildings cnd improvements thereon located in the ~econd Word. Borough of Corflsle, Cumberlc:md Counly, PennsYlvania, more particulariy bounded and described. as follows: BEGINNING at a point on the southerly side of Juniper Street at the northeast corner of Lot lOA on the hereinafter mentioned Plan of Lots which point is located 60 feet from a concrete marker on the southerly side of Juniper street; thence North 20 degrees 47 minutes East oIong Juniper Street. a distance of 30 feet to a point at the northwestern corner of Lot 11 A as shown on said Plcn of Lots; thence South 69 degrees 13 minutes East along Lot 11 A, a distance of 125.18 feet to a point at lands now or formerly of Lightner: fhenceSouth 20 degrees 54 minutes West along lands now or formerly of Lightner. a distance of 30 feet to a point at the soutt1eastern corner of Lot 10A os shown on said Plan of Lots: thence North 69 degrees 13 minutes West along Lot lOA. a distom::e of 125.12 feet to 0 point on the southerly side of Juniper Street. being the Point and Place of BEGINNING. > BEING all of Lot 11 as shown on a Plan of Lots entitled Subdivision Plan Section No. I of Willow Crossing as recorded in the office of tt1e Recorder at Deeds of Cumberlcnd COVr'lly, Pennsylvonic. in Plan Book 25, Page 90. BEING known and numbered os 329 Juniper Street. Carlisle. Pennsylvania. 'CW The ell Group/Consumer Finance, Inc. National Customer Service Center 715 South Metropolitan Avenue P.O. Box 24610 Oklahoma City, OK 73108 Tal: 800-821-1437 405-945-1514 Fax: 405-55:>-4702 January 24, 2006 TIMOTHY L. DITZLER 329 JUNIPER STREET CARLISLE, PA 17013-0000 CIT Account Number: 00009800128747 Please See Attached Notice This letter is an attempt by The CIT Group/Consumer Finance, Inc. to collect a customer debt. Any information obtained will be used for that purpose. .-. EXHIBIT A CF303 . Date: January 24,2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaae on your home is in default. and the lender intends to foreclose. Specific Information about the nature of the default is proyided in the attached paaes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM IHEMAP) may be able to help to save your home. This Notice explains how the proaram works. To see If HEMAP can help. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselina Aaency. The name. address and phone number of Consumer Credit Counsellna Aaencies servina your County are listed at the end of this Notice. If you have any auestions. vou may call the Pennsvlvania Housinll Finance AlIency toll free at 1-800-342-2397. IPersons with impaired hearinll can call (717)780-1869). This Notice contains important legal information. If you haye any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUM A IMPORTANClA, PUES AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. PROPERTY ADDRESS: TIMOTHY L DITZLER 329 JUNIPER STREET HOMEOWNER'S NAME(S): LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERlSERVICER: CARLISLE PA 17013 00009800128747 WILMINGTON The CIT Group/Consumer Finance, Inc. CF303 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (3D) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 1301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice. the lender may NOT lake action against you for thirty (3D) days after the date of this meeting. The names addresses and telephone numbers of desianated consumer credit counselina aaencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Adyise your lender immediatelY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to appiy for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and flie a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Oniy consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. CF303 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brina it UP to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 329 JUNIPER STREET CARLISLE PA 17013 IS SERIOUSLY IN DEFAULT because: LACK OF FUNDS YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: SEPTEMBER, OCTOBER, NOVEMBER, DECEMBER, JANUARY Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: 2193.43 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not aoolicable): HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2193.43, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check. certified check or monev order made oavable and sent to: The CIT Group/Consumer Finance, Inc. 715 South Metropolitan Avenue Suite 150 Oklahoma City, OK 73108 Attn: Wayne Owen IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise Its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged properly. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to Its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable allorney's fees actually incurred by the lender even if they exceed $50.00. Any allorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. CF303 OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the defaull within the THIRTY (30) DAY penod and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as If you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE .- It is estimated that the earliest date that such a Sheriffs Saie of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the saie. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: The CIT Group/Consumer Finance, Inc. 715 South Metropolitan - Suite 150 Oklahoma City, OK 73108 1 - 800 - 621 - 1437 1 -405 - 553 -4702 Wayne Owen Phone Number: Fax Number: Contact Person: EFFECT OF SHERIFF'S SALE -. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE .- You _ mayor --1L- may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. CF303 TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CF303 V E R I F I CAT ION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~'" i " \ } ,. / l ,I \ '. Mark J. Udr~, Q RE UDREN LAW OFFICES, P.C. ~~ ~ ~. ---- ~ ....J ,,:\ ~. ~\! "0. ~ ~ ~ \r, lJ".~ ~ ,\'_J '" ~ 0 ~ ~v ",,\J '\ ~ ~ '.\ ! (A ' , ~\ ~ ~~ ~~ ~ ~ ""l.. --,'l, -- \'-" ,. (,." ~ . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The CIT Group/ Consumer Finance, Inc. 715 South Metropolitan Ave. Suite 150 Oklahoma City, OK 73108 Plaintiff v. Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 Defendant(s) 0, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland Coun y MORTGAGE FORECL SURE NO. 06-2192 Civ'l PRAECIPE FOR JUDGMENT FOR FAILU E TO ANSWER AND ASSESSMENT OF DAMA ES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plai tiff and against the Defendant (s) Timothy L. Ditzler for failure file an Answer to Plaintiff I s Complaint within 20 days from se ice thereof and for foreclosure and sale of the mortgaged premises, nd assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 3/29/06 to 5/26/06 Late charges per Complaint From 3/29/06 to 5/26/06 Escrow payment per Complaint From 3/29/06 to 5/26/06 TOTAL I hereby certify that Defendant are as shown above, accordance with Rule 237.1, DAMAGES ARE HEREBY ASSESSED S DATE: t4y 4_ ~(j~ $79, 40.17 08.89 47.58 38.36 80 35.00 addresses plaintiff and been given in is ereto. Mark J. Udren, ESQUI Attorney for Plainti ,. () c -,., ~<:: n'-::;lJ ~:/r,1 ' a~ r~ ....-' ~f: s.~~~~ ~;;;- :3 ~ ,....., = = "" ~ :r! ill~ -('11-- ::70 ,:~~(1., ~;}~ drn ;g ~ ~: -~ N 0"\ -0 ::).?; N w ~ .. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 The CIT Group/ Consumer Finance, Plaintiff ATTORNEY FOR PLAINTIFF v. Inc. j COURT F COMMON PLEAS 1 CIVIL DIVISION I Cumberl nd County ~ ~ NO. 06- 192 Civil Timothy L. Ditzler Defendant(s) TO: Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 May 15, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WR TING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THI NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD T THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO 0 OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE Y U WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO IRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION OUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. DATE of Notice: LAWYER REFERRAL SERVICE Cumberland County Bar Associati n 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFlCACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HA ER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TO LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE EST NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER US TED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR EST NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI US TED NO TIENE ABOGADO, SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 L E POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA AJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Associati 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRAC ICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS ATTEMPT TO COLI.ECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Mark ~ Esqmre Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-36 0 ... o <::; --:'",- r;g = 0' ~. " -<. c ~j" ~ N 0' ~ .-l ::1:..,., rn r:: -OrIJ --:Cj~.) ;:~i C1~ ;':5::D \_,,~C) C-SrT1 ~ ~ =< -a --,>,- - ~ - ~ .' .. UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 TheCIT Group! Consumer Finance, Inc. 715 South Metropolitan Ave. Suite 150 Oklahoma City, OK 73108 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland Coun y MORTGAGE FORECL SURE v. NO. 06-2192 Civ'l Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT OF NON-MILITARY SERV CE STATE OF NEW JERSEY SS COUNTY OF CAMDEN THE UNDERSIGNED being duly sworn, deposes and sa s that the averments herein are based upon investigations made and re ords maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in t e Servicemernbers' civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted .R. 100), and that the age and last known residence and employment of ach Defendant are as follows: Defendant: Age: Residence: Employment: Timothy L. Ditzler Over 18 As captioned a Unknown Sworn to and subscribed before me this 26th day May, 20 6. ame: itle: Company: REN, ESQ. OR PLAINTIFF OFFICES, P.C. No ary CARA STEARS NOTARY PU8UC OF NEW JERSEY CommIn!on Explles 4/16/Z:\~ (') f' ~ ; ~ \;? ";it.- ~~ \"o~ C1' ...,." :%- C.t t"-,:~ /-:l ::.c q, -' :r;-n rf\r,:: -::{j\Q ;:~~~i.~~\ no ::;(P. '~ ':0 :4 r:-? -- u) ~. ~UD~~ LAW OFFICES, P.C. BY, Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The CIT Group! Consumer Finance, Inc. 715 South Metropolitan Ave. Suite 150 Oklahoma City, OK 73108 Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION Cumberland Coun y MORTGAGE FORECL SURE v. Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 Defendant(s} NO. 06-2192 Civ'l TO: Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 NOTICE Pursuant to Rule 236 of the Supreme Court of Penns lvania, you are hereby notified that a Judgment has been entered agai st you in the above proceeding as indicated below. -K- Judgment by Default Prot onotary Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitrat'on Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE P EASE CALL: ATTORNEY Mark J. Udren, Esauire At this telephone number: 856-669-5400 ~~ , -. "-l ~ ~ ~ ...... ..... ~ <.1'\ i0 ~ ~ r 0'\ - ~ ~ 6 ~ ~. '. r--> ~ 0 "'" r: = <S' ..... {;; '~, :;1t :;!:-n :p-' ,-,,- , ~. c:: -nt" N -",9 0"' -:,:,C> ",;; '-~, ""'""0 \ .-1'1 .-.'. ,;t~ -:;0... 1);;) C) -, }:::" 3. (.0) '" ...... UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The CIT Group/ Consumer Finance, Inc. 715 South Metropolitan Ave. Suite 150 Oklahoma City, OK 73108 Plaintiff TTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland Coun y MORTGAGE FORECL SURE v. Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 Defendant(s) NO. 06-2192 Civil PRAECIPE FOR WRIT OF EXECUTI N TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $80 23 .00 ,/ Interest From 5/27/06 1 41 .13 to Date of Sale Seotember 6. 2006 Ongoing Per Diem of $13.71 to actual date of sale including if sale is held at a later date (Costs to be added) $ .C. Mark J. Udren, ESQU ATTORNEY FOR PLAINT \'~ \' .......... ~J -., - ~ ~ -+, "''% wOl ~~ ~~~-l\~- V;tCQ~ /' .... VD 0 ~ q, ~ "" "" %~ -"0(:'- :;:!!: fT'. \.,'-' y- 'z- ....:. -(1\-'0 :Z. N cOO (l) 0' 0;" I;c:;~, .. :':;j4;', -0 \_~ -"I - ()"",,'. ~-?' ..... '~R. <'--- C'; ~? ~ i:S c:: ""' '/:" ~ .2 - .v :4 ~ -- ~.~... ALL thot certain piece or percel of land with the buildings nd Improvements thereon locoted in the ~eeond Ward. Borough ot Carlisle, umberland County. PennsYlvania. more porliculariy bounded and described. s follows: BEGINNING at a point on the southerly side of Juniper Sire t at the northeast comer of Lot lOA on the hereinafter mentioned Plan of Lot which point is located 60 teet from a concrete marker on the southerly si e of Juniper Street; thence North 20 degrees 47 minutes Eost along Juniper str el. Q distance of 30 feet fa a point at the northwestern comer of Lot 11 A as sh n on said Pion of Lois: thence South 69 degrees 13 minutes East along Lot 11 A. c distance of 125.18 feet to 0 point 01 lands now or formerly of Ughtner; hence South 20 degrees 54 minutes West along lands now or formerly of U hmer, 0 distance of 30 feet to 0 point at the southeastern comer of Lot lOA os own on said Plan of Lots: thence North 69 degrees 13 minutes West along Lot 1 A. 0 olStance of 125.12 feet to a point on the southerly side of Juniper Stree . being the Point and Place of BEGINNING. . BEING all of Lot 11 as shown on a Pion of Lots entitled Sub ivision Pion Section No. I of Willow Crossing os recorded in the office of the R corder of Deeds of Cumberlond COunty, Pennsylvonio, in Plcm Book 25. Page O. , '\; I 1 .~ ~ .~ ~. ,,~ ~ BEING known and numbered CIS 329 Juniper Street. Carlisi ,Pennsylvania. ~ !"~ ;'J BEING KNOWN AS: 329 JUNIPER STREET CARLISLE, PA 17013 PROPERTY ID NO. : 03-22-0485-103 ~~~~E TO SAID PREMISES IS VESTED IN TIMOTHY L DIT FROM ISABELLE M. CASSARO SINGLE . 11/1/04 IN DEED BOOK 266 PAGE 12. PERSON DA LER, SINGLE PERSON BY ED 10/29/04 RECORDED UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The CIT Group/ Consumer Finance, Inc. 715 South Metropolitan Ave. Suite 150 Oklahoma City, OK 73108 Plaintiff v. Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 Defendant(s) TORNEY FOR PLAINTIFF COURT OF COMMON LEAS CIVIL DIVISION Cumberland Count MORTGAGE FORECLO URE NO. 06-2192 Civi WRIT OF EXECUTION TO THE SHERIFF OF Cumberland COUNTY: To satisfy the judgment, interest and costs 'n the above matter, you are directed to levy upon and sell the follow'ng described property: 329 Juniper Street Carlisle, PA 17013 SEE LEGAL DESCRIPTION ATTACHED Amount due $80 23 .00 Interest From 5/27/06 1 41 .13 to Date of Sale September 6. 2006 Ongoing Per Diem of $13,71 to actual date of sale including if sale is held at a later date (Costs to be added) By Date COURT OF COMMON PLEAS NO. 06-2192 Civil ===================================== The CIT Group! Consumer Finance, Inc. vs. Timothy L. Ditzler ===================================== WRIT OF EXECUTION ===================================== REAL DEBT $ 80.235.00 INTEREST $ 1.412.13 from 5/27/06 to Date of Sale September 6. 2006 Ongoing Per Diem of $13.71 to actual date of sale including if sale is held at a later date COSTS PAID: PROTHY $ SHERIFF $ STATUTORY $ COSTS DUE PROTHY. $ PREMISES TO BE SOLD: 329 Juniper Street rli ,PA 170 Ma J. Ud en ESQUIRE UDREN LAW 0 ICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 (856) 669-5400 (') ....., = 0 c = -n "" v ,." - ::[l 1; ~. n~: r:: J> m:D -;;>' -< -or:-: ;2 .~ N 8r (j) cr. -,' ~~ :.;:-J~; '. -u ;.,1.. ~r^t , ::J;;; r~;: (~ .~ '-m ~. e" '>? ~ "".'no ?Jj -j -,. ...... -<: UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO.04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The CIT Group/ Consumer Finance, Inc. 715 South Metropolitan Ave. Suite 150 Oklahoma City, OK 73108 TTORNEY FOR PLAINTIFF COURT OF COMMON LEAS CIVIL DIVISION Cumberland Count MORTGAGE FORECLO URE Plaintiff v. Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 NO. 06-2192 civi Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on n Action: ____A. In Assumpsit (Contract) ____B. In Trespass (Accident) ~C. In Mortgage Foreclosure ____D. On a Note accompanying a purchase money m rtgage and the property being exposed to sale is the mortgaged pr perty. II. The Defendant(s) own the property being exposed to sa e as: -lLA. ____B. ____C. ____D. ____E . ____F . An individual Tenants by Entireties Joint Tenants with right of survivorship A partnership Tenants in Common A corporation III. The Defendant(s) is (are): -lLA. ____B . ____C . Resident in the Commonwealth of Pennsylva Not resident in the Commonwealth of Penna If more than one Defendant and either A 0 applicable, state whic Defendant is resi of Pennsylvania. Resident: ia Ivania B above s not ent of th Commonwealth Mark J. Address ES UIRE # s above (") ~ Q, c: "'" C1' :<:'"'' ..... ri?\ i\~~< :l&: fF,pl ;po -,' .' -< >< N -O\n u.-' 0' :09 -z ~;~ c.) 'e::";: ..," -,-, -0 {1~; .' :::;;r:: /' .u ~'.C:'- i' 6rf' :t~ ';;~; ~ -"-\ ? ':2 <.11 ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 I I tTTORNEY FOR PLAINTIFF i I The CIT Group! Consumer Finance, Inc. 715 South Metropolitan Ave. Suite 150 Oklahoma City, OK 73108 COURT OF COMMON LEAS CIVIL DIVISION Cumberland Count MORTGAGE FORECLO~URE I Plaintiff v. Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 NO. 06-2192 Civi Defendant(s) C E R T I F I CAT E Mark J. Udren, Esquire, hereby states that h is the attorney for the Plaintiff in the above-captioned matter and t at the premises are not subject to the provisions of Act 91 because i is: An FHA insured mortgage Non-owner occupied Vacant X Act 91 procedures have been f lfilled. Over 24 months delinquent. This certification is made subject to the pe alties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to au hori ies. rk J. Udren, ESQU ATTORNEY FOR PLAINT Q ~~; "'"".... dj}}' b "_.~ U:} :=:.. " ",..e'_ ...., = = "" 3: ::r;>o -< N (jl ~ -l ::I:,::!l n,- -nm :p9 !,-~(~) j~:r; ~'2(? Zm o -'-\ ;?-: ~ -u ~'" .-,. r:-? U1 WRIT OF EXECUTION and/or A TT ACHMEN COMMONWEAL 11I OF PENNSYL VANTA) COUNTY OF CUMBERLAND) NO 06- 192 Civil lVIL ACTION - LAW TO 11IE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE CIT GROUP/CONSUM R FINANCE, INC. Plaintiff (s) From TIMOTHYL. DITZLER, 329 JUNIPER ST., CARLISLE PA 17 13 (I) You are directed to levy upon the property ofthe defendant (s)and to sell AL ESTATE LOCATED AT 329 JUNIPER ST., CARLISLE PA 17013 (SEELE ALDESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied pon in the possession of GARNISHEE(S) as follows: and to notify the garnishee( s) that: (a) an attachment has been issued; (b) the g paying any debt to or for the account ofthe defendant (s) and from delivering (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is ound in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. 'shee(s) is enjoined from y property of the defendant Amount Due $80,235.00 L.L. $.50 Interest FROM 5/27/06 TO 9/6/06 $13.72 PER DIEM - $1,412.13 Atty's Corom % Atty Paid $114.40 Plaintiff Paid Date: May 26, 2006 Due Prothy $1.00 Other Costs (Seal) (~ CURTIS R. LONG Prothonotary By: REQUESTING PARTY: Name MARK J. UDREN ESQ Address: WOODCREST CORPORATE CENTER 111 WOODCREST RD., STE. 200 CHERRY HILL NJ 08003-3620 Attorney for: PLAINTIFF Telephone: (856) 669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The CIT Group/ Consumer Finance, Inc. 715 South Metropolitan Ave. Suite 150 Oklahoma City, OK 73108 I 1TTORNEY FOR PLAINTIFF i i i I ! " """" COURT OF COMMON LEAS CIVIL DIVISION Cumberland Count MORTGAGE FORECLOfURE Plaintiff v. Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 NO. 06-2192 Civi Defendant(s) AFFIDAVIT PURSUANT TO RULE 312 .1 The CIT Group/ Consumer Finance, Inc. , Plaintiff by its attorney, Mark J. Udren, ESQ., sets forth Praecipe for the Writ of Execution was filed the concerning the real property located at: 329 Jun Carlisle, PA 17013 in the above action, s of the date the ollowing information per Street, 1. Name and address of Owner(s) or reputed Owner( ): Name Address Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgme t: Name Address SAME AS # 1 ABOVE 3. Name and record lien Name address of every judgment creditor wh se judgment is a on the real property to be sold: Address None 4. Name and address of the last recorded holder 0 every mortgage of record: Name Address Plaintiff herein. See Caption above. I- ~ 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address in the property and Name of every other person whose interest may be Address who has any record interest affecte by the sale: Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover Stree Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Complianc , PO Box 281230 Harrisburg, PA 1712 -1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property wh ch may be affected by the sale: Name Address Tenants/Occupants 329 Juniper Street Carlisle, PA 17013 I verify that the statements made in this affidav correct to the best of my personal knowledge or i I understand that false statements herein are mad penalties of 18 Pa.C.S. sec. 4904 relating to uns authorities. DATED: May 26, 2006 Mark J. Udren Attorney for t are true and formation and belief. subject to the orn falsifi ation to o ~ -OG- ,\'\1"' ,~.;. \ .~~ ~. !~;;(~ ~;~~ :1 ...., c:-> (:? "" :% -p :::.c. {'V C1' -0 ~ Q. ...... ff,~ _j'fr'\ <,'I ;:'2~ C) .'~c:n 25 %ff\ 9 ~ {'V .' - <JI s ~REN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The CIT Group/ Consumer Finance, Inc. 715 South Metropolitan Ave. Suite 150 Oklahoma City, OK 73108 Plaintiff TTORNEY FOR PLAINTIFF COURT OF COMMON LEAS CIVIL DIVISION Cumberland Count MORTGAGE FORECLO URE v. Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 Defendant(s) NO. 06-2192 Civi NOTICE OF SHERIFF'S SALE OF REAL P OPERTY TO: Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 Your house (real estate) at 329 Juniper Street, C scheduled to be sold at the Sheriff's Sale on Sep 10:00 A.M. in the Commissioners Hearing Room, 2nd Carlisle, PA, to enforce the court judgment of $8 Plaintiff above (the mortgagee) against you. If the property will be relisted for the Next Availa NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate act on: rlisle, PA 17013 is ember 6, 2006, at FI ., Courthouse, ,235.00, obtained by he sale is postponed, Ie Sale. 1. The sale will be cancelled if you pay to the mortgage the back payment, late charges, costs and reasonable attorney's fees. To fi d out how much you must pay, you may call: (856)-669-5400. 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 impr perly entered. You may also ask the Court to postpone the sale for good caus 3. You You the how may also be able to stop the sale through other 1 may need an attorney to assert your rights. The more chance you will have of stopping the sale. to obtain an attorney.) gal proceedings. coner you contact one, (See notice on page two on . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND Y U HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your prop rty will be sold to the highest bidder. You may find out the price bid by calling 56-669-5400. 2. You may be able to petition the Court to set as de the sale if the bid price was grossly inadequate compared to the value of your roperty. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, ou may call 856-669-5400. 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 happe ed. 5. You have the right to remain in the property un il the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buy r. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money whi house. A schedule of distribution of the money bid for you the Sheriff within 30 days after the sale. This schedule wi receiving that money. The money will be paid out in accord unless exceptions (reasons why the proposed distribution is Sheriff within ten (10) days after Schedule of Distribution h was paid for your house will be filed by 1 state who will be nce with this schedule wrong) are filed with the is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 NOT HAVE A LAWYER OR CANNOT APPORD ONE, GO TO OR TELEPHONE THE OPPICE LISTED BEL W TO PIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Associatio 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 .r o ~. ~ ~ :;;t: v ...... N Ci' \:.':~ ~~ "'c:;. ~\ .-'. lo .." -." -~ Q. :?";!:) r1i~ ~9 (>\(,/ ....r~.. 4~~ .")"'" C,,/'"::.(\ ;"')\ ':::..1. :;.<;:; ~ N .' -- c.J", SHERIFF'S RETURN - REGULAR CASE NO: 2006-02192 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CIT GROUP THE CONSUMER FINANCE VS DITZLER TIMOTHY L MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE DITZLER TIMOTHY L the 2006 DEFENDANT , at 1155:00 HOURS, on the 21st day of April at 329 JUNIPER STREET CARLISLE, PA 17013 by handing to MICHELE EGRESIZ, GIRLFRIEND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.40 .00 10.00 .00 32.40 i/3-,/PiJ 9- Sworn and Subscribed to before me this day .of A.D. Prothonotary So Answers: .r'~~ R. Thomas Kline 04/26/2006 MARK ::~EN ~ Deputy Sheriff The CIT Group/Consumer finance, Inc. VS Timothy L. Ditzler In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2192 Civil Term Real Estate Writ, Notice of Sale R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Mark Ddren. Sheriffs Costs: Oocketing Surcharge Law Library Prothonotary Levy Advertising Posting Handbills Mileage Share of Bills Poundage 30.00 20.00 .50 1.00 15.00 15.00 15.00 8.80 19.31 1.560.00 $1,684.61 ./ II/Oo/Of, c+- So Answers: ~~L"'~ R. Thomas Kline, Sherif! - . BY 0~ dvvuiJ., Real Estate gt. Jody Smith ,5D I ~5L.l{)l,. I~ I j:S{) 7 '1 r ". UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 TheCIT Group/ Consumer Finance, Inc. 715 South Metropolitan Ave. Suite 150 Oklahoma City, OK 73108 r ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 NO. 06-2192 Civil Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 The CIT Group/ Consumer Finance, Inc. , Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 329 Juniper Street, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. ~ / 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 and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 329 Juniper Street Carlisle, PA 17013 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. .sec. 4904 relating to unsworn falsifi ation to authorities. DATED: May 26, 2006 Mark J. Udren, ESQ. Attorney for Plaintiff .... UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The CIT Group/ Consumer Finance, Inc. 715 South Metropolitan Ave. Suite 150 Oklahoma City, OK 73108 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 Defendant(s) NO. 06-2192 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Timothy L. Ditzler 329 Juniper Street Carlisle, PA 17013 Your house (real estate) at 329 Juniper Street, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on September 6, 2006, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Fl., Courthouse, Carlisle, PA, to enforce the court judgment of $80,235.00, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) -669-5400. 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 notice on page two on how to obtain an attorney.) ~OU MAY STILL BE ABLE TO SAVE YOUR PROPE~TY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 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 the right to remain in the property until the full a~ount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 ~..-~. ALL that certain piece or parcel of [and with the buildings end Improvements thereon located in the ~eeond Word. Borough of Corfisle, Cumbarlond County, Pennsylvania, more particularly bounded and described. as follows: BEGINNING at a point on the southerly side of Juniper Street at the northeasi comer of Lot lOA on the hereinafter mentioned Plan of Lots which point is located 60 teet from a concrete mar~er on the southerly side of Juniper Street; thence North 20 degrees 47 minutes East olong Juniper Street. 0 distance of 30 feet to a point at the northwestern comer of Lot 11 A as shown on said Pion of Lots; thence South 69 degrees 13 minutes East along Lot 11 A, c distance of 125.18 feet to a point at lands now or formerly of Ughtner; thence South 20 degrees 54 minutes West along lands now or former1y of Ughtner, a distance of 30 feet to a point ot the souttleastemcomer of Lot lOA as shown on said Plan of Lots: thence North 69 degrees 13 minutes West along Lot 10A. a dlStcnce of 125.12 feet to a pOint on the southerly side of Juniper Street. being the Point and Place of BEGINNING. ~ BEING all of Lot 11 as shown on a Plan of Lots entitled Subdivision Plcm Section No. 1 of Wi/fow Crossing as recorded in the office of the Recorder of Deeds of Cumberlond COunty, Pennsylvania. in Plan Book 25, Page 90. BaNG known and numbered as 329 Juniper Street. Carlisle, Pennsylvania. , , }, ') BEING KNOWN AS: 329 JUNIPER STREET CARLISLE, PA 17013 PROPERTY ID NO. : 03-22-0485-103 TITLE TO SAID PREMISES IS VESTED DEED FROM ISABELLE M CASS IN TIMOTHY L. DITZLER, SINGLE PERSON BY 11/1/04 IN DEED BOOK 266 PA~012 .SINGLE PERSON DATED 10/29/04 RECORDED ". /' WRIT OF EXECUTION and/or ATTACHMENT 1 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2192 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE CIT GROUP/CONSUMER FINANCE, INC. Plaintiff (s) From TIMOTHY L. DITZLER, 329 JUNIPER ST., CARLISLE P A 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 329 JUNIPER ST., CARLISLE PA 17013 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $80,235.00 L.L. $.50 Interest FROM 5/27/06 TO 9/6/06 $13.72 PER DIEM - $1,412.13 Atty's Comm % Due Prothy $1.00 Atty Paid $114.40 Other Costs Plaintiff Paid Date: May 26, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name MARK J. UDREN ESQ Address: WOODCREST CORPORATE CENTER 111 WOODCREST RD., STE. 200 CHERRY fiLL NJ 08003-3620 Attorney for: PLAINTIFF Telephone: (856) 669-5400 Supreme Court ill No. 04302 .. . \ l bZ : II '\j I - Nnr qOOl \I'd 'AHHlOJ m41' l~{j81.1ilJ .::I.:dU:13HS 3Hl .:W 3::JI.:UO " 'I " Real Estate Sale # 55 On May 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 329 Juniper Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. cJ <0 Date: May 31,2006 By: ,j 6c\J-{ s~t~ Real Estate Sergeant .. "