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Home My WebLink About02-4288Richard M~ Squire, Esquire I.D. No~ 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 I 15 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2, Christophe Ritter Sally Ritter 434 N W Street Carlisle, PA 17013 PLAINTIFF, DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: O~, "- g/~J30C> CIVIL ACTION MORTGAGEFORECLOSURE COMPLAINT - CIVIL ACTION NOTICE TO DEFEND NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim of relief requested by the plaintiff~ You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Si ustcd quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda yla notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la cone en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la cone puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus edades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 I 15 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Ailomeys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2, PLAINTIFF, Christophe Ritter Sally Ritter 434 N W Street Carlisle, PA 17013 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: C3~2. -- d. tt~ CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2, through its attorney, Richard M. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: 1. Plaintiff, Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2 ("Plaintiff"), is a corporation with a principal place of business at 909 Hiddon Ridge Drive, Suite 200 Irvine, TX 75038. 2. The Name and mailing address of each Defendant is: Christophe Ritter, 434 N W Street, Carlisle, PA 17013. Sally Ritter, 434 N W Street, Carlisle, PA 17013. On 03/17/1997 Christophe S. Ritter and Sally W. Ritter made, executed and delivered a mortgage upon the premises hereinatler described to Equity One, Inc., which mortgage is recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No. 1371, Page 781. By Assigmnent of Mortgage recorded 4/15/1997 the mortgage was assigned to Alliance Funding Company, which Assignment is recorded in Assignment of Mortgage Book No. 545, Page 212. Plaintiff is in the process of preparing a legal Assignment. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of the above-described assignments. Each Mortgagor named in paragraph 3 above executed a note as evidence of the debt secured by the Mortgage (the "Note"), and is incorporated herein by reference as though fully set forth at length. The real property which is subject to the Mortgage is generally known as 434 N W Street, Carlisle, PA 17013, (the "Mortgaged Premises"). The legal description of the Mortgaged Premises is attached hereto and marked as Exhibit "A" and is incorporated herein by reference as though fully set forth at length. The interest of each individual Defendant is as Mortgagor, Real Owner or both. If any Defendant above-named is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his/her estate, however, the estate of said Defendant is hereby released from liability for the debt secured by the Mortgage. 2 o The Mortgage is in default because the monthly payment of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of 02/21/2002 and have not been paid. Upon failure to make such payments when due, the whole of the principal, together with the charges specifically itemized below, are immediately due and payable. The following amounts are due as of September 6, 2002: Principal of Mortgage debt due and unpaid $58,238.56 Interest due and owing from 01/21/2002 to 9/6/2002 at 10.05%, $16.04 per diem 3,801.48 Plus Late Charges of $26.28 per month, assessed on the 16th day after payment is due 183.96 Escrow Advance 0.00 Attorney's Fees 2,911.92 10. 11. TOTAL $65,135.92 Interest accrues at a per diem rate of $16.04 and late charges accrue at a monthly rate of $26.28, assessed on the 16th day payment is past due for each date after the payment due date, and Plaintiff may incur additional attorney's fees and costs as well as other expenses, costs and charges collectable under the Note and Mortgage. Notice of intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq. was mailed to each individual Defendant via regular and certified mail, remm receipt requested, on 06/05/2002. A true and correct copy of said notice is attached hereto and marked as Exhibit "B" and is incorporated herein by reference as though fully set forth at length. 3 WHEREFORE, Plaintiff demands judgment against Defendants Christophe S. Ritter and Sally W. Ritter, for foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph 09, namely $65,135.92 plus the following amounts accruing after 9/6/02, to the date ofjudgment: (i) interest at a per diem rate orS 16.04; (ii) late charges of $26.28 per month assessed on the 16th day payment is past due; and (iii) additional attorney's fees hereafter incurred and costs of suit. Date: S_S~eptember 6 2~QQ~002 RICHARD M. S S, / Rich~;lA~l. Squj~,L~s4u-ir'~ J / One Jenkintown Station, Suff¢ 104 115 West Avenue Jenkintown, PA 19046 215-886-8790 Attorneys for Plaintiff UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. 1F YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4 VERIFICATION Richard M. Squire, hereby states that he is the attorney for the Plaintiff, a corporation, unless designated otherwise; that he is authorized to make 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 Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S.§4904 relating to unswom falsification to authorities. ~-~ . Ric/h~ M.~quire~ Esqu~ Alforney for Plaintiff/ Date: September 6, 2002 ALL THAT C~TAIN tract of land with the . Ward 0£ the BorO. ugh~O_= ~e~ and dmSOrib~d as follows- ~ht~ S~ ~ la~a ~vw western l~e of 60-fee~ cm~aining in fron= along ~ EMC Mortgage Corporation 7104 5400 2100 0454 4331 June 05, 2002 *0001428712' Christophe S. Ritter 434 N W St Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached p*ges. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program 0tEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can helo you. 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 counseline agency. The name. address, and nhone number of Consumer Credit Counseling Aeencies ~xving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housine Finance Agancv toll free at 1-800-342-2397 (oersons with imnaired hearing can call 717-780-1869). This Notice contains important legal information, lfyou have 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 Notificaion en adjunto es de suma importaneia, pues afecta su derecho a continuar viviendo en su c~sa. Si no comprende el eontenido de esta notificion obtenga una traduccion immediatamante llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numaro mancionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): Christophe S. Ritter PROPERTY ADDRESS: 434n W St Carlisle, PA 17013 LOAN ACCOUNT 7167612 CURRENT SERVICER EMC Mortgage Corpomtiun You may be eli~:ible for financial assistance wtieh can save your home fi.om foreclosure and help you make futu, e mort e a ents if you comply with the provision of the Homeowners' 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, 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 the foreclosure on your mortgage for thirty (30) days fi.om the date of this Notice. During that time you must arrange and attend a "faceto- face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOI l MUST BRING YOUR MORTGAGE LIP TO DATE. THE PART OF THIS NOTICE CAI .I ~D "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. EMC Mortgage Corporation 7104 5400 2100 0454 4348 June 05, 2002 '0001428713* Sally W. Ritter 434 N W St Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can hdv you. 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 cmmseline aeenc¥. The name. address, and rhone number of Consumer Credit Counseling Aeencies set'vine your county are listed at the end of this Notice. If you have any auestions, you may call the Pennsvlvanla Housine Finance Aeencv toll free at 1-800-342-2397 (versot~n with imuaired hearine can call 717-780-1869). This Notice contains important legal information, lfyou have 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 Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notifiaion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numaro mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al eual puede saivar su casa de la perdida del derecho a redimir su hipoteea. HOMEOWNER'S NAME(S): Sally W. Ritter PROPERTY ADDRESS: 434n W St Carlisle, PA 17013 LOAN ACCOUNT 7167612 CURRENT SERVICER EMC Mortgage Corporation You may be elieible for fmancial assistance which can sa~e your home fi.om foreclosure and helv you make furor mortea~e vayments if you comply with the provision of the Homeowners' 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 con~'ol, 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 the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attand a "faceto- face" meeting with one of the designated consumer counseling agencies listed at the cod of this Notice. ~his meetinn must occur within the next thirty (30) 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 YODK MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. Page two 7167612 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take fi~rther action against you for thirty (30) days after the date of this meeting. ~ne names, addresses and telephone numbers of desiEnat~d comumer counseling agencies for the county in which your property is located are set forth at the end of this Noti~e It is only necessary to schedule one faco-to-face meeting. You should advise this lenderimmediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this N°tice (see f°ll°wing pages f°r specific inf°rmati°n ab°ut the nature of your defaul0. If you have tried and are unable to resolve this problem with the lender, 3ou have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign end file a completed Homeowners' Emergency Assistance Application with one of the designated consume, credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed applieatiun to the Pennsylvania Housing Finance Agency. Your apl~ieation MUST be fried or postmarked within thirty (30) days of your faeoto-faee 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 £mance Agency has sixty (60) days to make a decision after it receives you application. During that additional 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 Agency of its decision on your application. 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(Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 434n W St Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 02/21/2002: (b) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of O6/IM/2002: $2,115.04 $396.60 $54.50 $.00 $2,566.14 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $2,566.14, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable toEMC Mortgage Corporation at PO BOX 660530, DALLAS, TX 75266-0530. Page three 7167612 1F YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right 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 amount of default is n~made within THIRTY (30) days of the letter date, EMC Mortgage Corporation also intends to instruct their attomeys to start a legal action to foreclose upon your mortoaoed uro~ert¥ IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Aay attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs.If you cure the default within the THIRTY (30'~DAY oeriod, you will not be required to ~av attorne-,s' fees. 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 SAI ,E- If you have not cured the default within the THIRTY (30) day period 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 Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and cests 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 mcrtgage. 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 sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd 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: EMC Mortgage Corporation Address: PO BOX 660530, DALLAS, TX 75266-0530 Telephone Number: 1-888-609-2379 EFFECT OF SHERIFF'S SA! ~g- 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 at, er the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' 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 offthe mortgage debt, or borrower money from another lending institution to pay offthis 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. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence ora default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Pager our 7167612 EMCMortgageCorporation is attempting to collect a debt, and any information obtained will be used forthatpurpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, EMC Mortgage Corporation Mac Arthur Ridge Il, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014-1358 RICHP~RD M. SQUIRE & ASSOCIATES, LLC By: Richard M. Squire, Esquire ID No. 04267 Oue Jeukintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2 PLAINTIFF, Christophe Ritter Sally Ritter 434 N W Street Carlisle, PA 17013 DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-4288 CIVIL ACTION MORTGAGE FORECLOSURE MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 AND NOW, comes Plaintiff, Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2, by its attorney Richard M. Squire, Esquire, and moves this Honorable Court for an Order permitting Alternative Service upon the Defendant, Christophe S. Ritter and Sally W. Ritter, and permitting all future matters involving service pursuant to 3129.2(c)(1)(c), by regular and certified mail to the Defendant(s)' last known address and mortgaged premises located at 434 N W Street, Carlisle, PA 17013, and in support thereof avers the following: Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the SheriWs Return of Service attached hereto as Exhibit "A". Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation/Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results thereof is attached hereto as Exhibit "B". 3. A review of Plaintiffs internal records as of September 25, 2002 indicate that Plaintiff has not been contacted by Defendant(s) to bring the loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendant(s), but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and ali future matters requiring service, by regular and certified mail. Respectfully submitted, RICHARD M. SQUIRE & A..~S_0~OCIATES, //P, icha (l. Sq ire, s uire Attorney for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-04288 P COI,~VlON~.~TH OF PEN2XlSYLVg2XlIA COUNTY OF CUMBERLAND LASALLE BANK N A ET AL VS RITTER CHRISTOPHE ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT RITTER CHRISTOPHE unable to locate Him COMPLAINT - MORT FORE but was in his bailiwick. He therefore returns the the within named DEFENDANT HOUSE IS VACANT. , NOT FOUND , as to , RITTER CHRISTOPHE NO FORWARDING AT POST OFFICE. Sheriff's Costs: Docketing 18.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 36.45 R. Thomas Kline Sheriff of Cumberland County RICHARD SQUIRE 09/18/2002 ~worn and subscribed to before me this day of A.D. · Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-04288 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK N A ET AL VS RITTER CHRISTOPHE ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT RITTER SALLY but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , RITTER SALLY HOUSE IS VACANT. NO FORWARDING AT POST OFFICE. , NOT FOUND , as to Sheriff's Costs: Docketing~ 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 R. Thomas Klin~ Sheriff of Cumberland County RICHARD SQUIRE 09/18/2002 Sworn and subscribed to before me this day of A.D. Prothonotary DEFAULT EXPRESS SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 02-5216 Attorney Fh~s~i: Richard M. Squire & Assoc - EMC-231 Subject: Christopher Ritter & Sally Ritter Current Address: 734 N. West St. Carlisle, PA 17013 Property Address: 434 N. W. St. Carlisle, PA 17013 Mailing Address: 734 N. West St. Carlisle, PA 17013 I Steven M. Ruffo, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Christopher Ritter - 196-48-2684 Sally Ritter - 179-44-8016 B. EMPLOYMENT SEARCH Christopher Ritter - unknown Sally Ritter - unknown C. INQUIRY OF CREDITORS The creditors indicate that Christopher Ritter & Sally Ritter reside(s) at: 734 N. West St. Carlisle, PA 17013 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Indicated that Christopher Ritter & Sally Ritter reside(s) at: 734 N. West St. Carlisle, PA 17013 - non published IH. INQUIRY OF NEIGHBORS M. Foster 730 N. West St. and he verified that Christopher Ritter & Sally Ritter reside(s) at: 734 N. West St. Carlisle, PA 17013 IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE Christopher Ritter & Sally Ritter - 734 N. West St. Carlisle, PA 17013 - V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Penn.~ylvania Department of Motor Vehicle Christopher Ritter & Sally Ritter reside(s) at: 734 N. West St. Carlisle, PA 17013 VI. OTHER INQUIRIES A. DEATH RECORDS As of July 1, 2002 Vital Records has no death record on f'de for Christopher Ritter & Sally Ritter. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) none C. COUNTY VOTER REGISTRATION The Cumberland Cnty Voter reg has a registration for Christopher Ritter & Sally Ritter residing at: 734 N. West St. Carlisle, PA 17013 D. INTERNET All accessible public databases have been checked and cross-referenced for the above named individual(s). VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Christopher Ritter - 6/17/59 Sally Ritter - 10/27/59 B. A.K.A. none The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. I hereby verify that the statements made herein are tree and correct to the best of my knowledge, information and belief and that this afffidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. ¥¥ AFFIANT Steven M. Ruffo Default Express Services, Inc. President Sworn to and subscribed before me this __ 16__ day of_Aug 2002 NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey My Commission Expires Mar. 21, 2007 DEFAULT EXPRESS SERVICES, INC 43 WILSON DRIVE SICKLERVILLE, NJ 08081 PHONE: (856) 740-5027 DEFA ULTEXPRESS @ COMCAST. NET RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard M. Squire, Esquire Il) blo. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2 PLAINTIFF, Christophe Ritter Sally Ritter 434 N W Street Carlisle, PA 17013 DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-4288 CIVIL ACTION MORTGAGE FORECLOSURE 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(s) and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriff's Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by regular and certified mail. Respectfully submitted: Rich~''~M. ~[~ui{e, E~ VERIFICATION I, Richard M. Squire, Esquire, hereby state that I am the attorney for the Plaintiff, a corporation unless designated otherwise; that I am authorized to make this Verification and do so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because I have personal knowledge of some of the facts averred in the foregoing pleading and that the statements made in the foregoing pleading are tree and correct to the best of my knowledge, information and belief and the source of my information is public record and reports of Plaintiff's agent. The undersigned understands that this statement herein is made subject to the Penalties ofPa. C.S.§ 4904 relating to unswom falsification to authorities. .// Rich~rCA'~l. Sqt~ire, Esquire~ RICHARD M. SQUIRE & .aF~SOCIATES ,LLC RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard M. Squire, Esquire ID No. 0426? One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2 PLAINTIFF, Christophe Ritter Sally Ritter 434 N W Street Carlisle, PA 17013 DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-4288 CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Richard M. Squire, Esquire, hereby certify that I served true and correct copies of the Plaintiffs Motion for Alternative Service and Memorandum of Law in Support upon the following person(s) named herein at their last known address by first class mail, postage prepaid, on the date listed below. TO: Christophe Ritter 434 N W Street Carlisle, PA 17013 Sally Ritter 434 N W Street Carlisle, PA 17013 Date: The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. September 25, 2002 ~Richar)t~l. Squire, Esquire / Attorney for Plaintiff F/ SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-04288 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK N A ET AL VS RITTER CHRISTOPHE ET AL R. duly sworn according to law, says, that inquiry for the within named defendant, RITTER CHRISTOPHE Thomas Kline ,Sheriff or Deputy Sheriff, who being he made a diligent search and DEFENDANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND as to the within named DEFENDANT , RITTER CHRISTOPHE HOUSE IS VACANT. NO FORWARDING AT POST OFFICE. Sheriff's Costs: Docketing 18 Service 3 Not Found 5 Surcharge 10 36 00 45 00 00 00 45 K. Thomas Kline Sheriff of Cumberland County RICHARD SQUIRE 09/18/2002 Sworn and subscribed to before me this ~ - day of ~ A.D. Pro~hon~ot ar~y SHERIFF'S CASE NO: 2002-04288 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RETURN - NOT FOUND LASALLE BANK N A ET AL VS RITTER CHRISTOPHE ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT RITTER SALLY unable to locate Her COMPLAINT - MORT FORE but was in his bailiwick. He therefore returns the the within named DEFENDANT , RITTER SALLY , NOT FOUND , as to HOUSE IS VACANT. NO FORWARDING AT POST OFFICE. Sheriff,s Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers: R. Thomas Klin~ Sheriff of Cumberland County RICHARD SQUIRE 09/18/2002 Sworn and subscribed to before me this ~o~ day of~ ~2. A.D. Pro/cl~onota~y · OCT 0 9 ZOOZ RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard M. Squire, Esquire ID No.04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2 PLAINTIFF, Christophe Ritter Sally Ritter 434 N W Street Carlisle, PA 17013 DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-4288 CIVIL ACTION MORTGAGE FORECLOSURE ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 AND 3129.2(c)(1)(c) AND NOW, this %t~' day of ffF.~ , 2002, upon consideration of Plaintiffs Motion for Alternative Service Pursuant to Pennsylvania R.C.P. 430 and 3129.2(c)(1)(c) and the Affidavit of Reasonable Investigation/Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) Christophe S. Ritter and Sally W. Ritter, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant(s)' last known address, and to the mortgaged premises located at 434 N W Street, Carlisle, PA 17013. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BY THE COURT Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 (215) 886-8790 Fax: (215) 886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2 PLAINTIFF, Christophe Ritter Sally Ritter DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4288 CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Kindly reinstate the Complaint filed on September 9, 2002 for the above-captioned matter. Thank you for your attention to this matter. 'Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: (215) 886-8790 Fax: (215) 886-8791 Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2, Christophe Ritter Sally Ritter PLAINTIFF, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-4288: CIVIL ACTION VERIFICATION OF SERVICE BY CERTIFIED MAll, AND REGULAR MAIL PURSUANT TO COURT ORDEP The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a tree and correct copy of the Complaint to Defendants, by certified mail and regular first class mail, to the last known address of the Defendants as follows: DATE MAILED: November 7, 2002 Christophe Ritter and Sally Ritter 434 N W Street Carlisle, PA 17013 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: November 14, 2002 ~ ~ 031 li~ 0 P E~ ~: ~i.~i~ ~ooooo~ '~3 z o , · ~z~ ~z~ ~ ' o~c = z~ 0 Richard M. Squire & Associates, LLC By; Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax; 215-886-8791 Attorne_ys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2 PLAINTIFF, Christophe Ritter Sally Ritter DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 02-4288 CIVIL ACTION PRAECIPE FOR JUDGMENT FOR FAILURE TO _ANSWER AND ASSESSMENT OF DAMAGEE TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Christophe S. Ritter and Sally W. Ritter, Defendants for their failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in the Complaint $65,135.92 Interest from 09/09/2002 to 12/24/2002 $ 1,700.24 TOTAL $66,836.16 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown ab . (2) that notice has been given in accordance with Rule 237 1, c ' atta '~ ove. a/~ / .~'fieY fo~/Plaintif/ DAMAGES ARE HEREBY ASSESSED DA*E: / Richard M. Squire,, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 I 15 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-879 ! Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2, Christophe Ritter Sally Ritter To.' Christophe Ritter 434 N W Street Carlisle, PA 17013 Vo Court of Common Pleas Civil Division Cumberland County No. 02-4288 DATE OF NOTICE: December 12 2002 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire Attorney for Plaintiff Richard M. Squire,, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone; 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., ffk/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2, Christophe Ritter Sally Ritter To: Sally Ritter 434 N W Street Carlisle, PA 17013 Vo Court of Common Pleas Civil Division Cumberland County No. 02-4288 DATE OF NOTICE: ~December 12, 2002 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire Attorney for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire One Jenkintown Station, Suite 104 I 15 West Avenue Jenkintown, Pa 19046 Telephone: 215~886-8790 Fax: 215-886-8791 ~s for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June l, 1997, Series 1997-2 PLAINTIFF, Christophe Ritter Sally Ritter DEFENDANTS. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 02-4288 CIVIL ACTION VERIFICATION OF NON-MILITARY SERVIC ~; Richard M. Squire, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendants is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors C~wl Relief Act of Congress of 1940, as amended. ' ' ' ' (b) that Defendants Christophe S. Ritter and Sally W. Ritter are over 18 years of age and reside at 434 N W Street, Carlisle, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Sect/i/~n 4904 relating to unsworn falsification to authorities. . ic ha, rzff 4. Squire, Es4uir. v/ ~ffney for ~laintiff PRAECIPE FOR LISTING CASE FOR ARGUMENT (~t ~ tY~~tten and su~tted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Ar~t Court. CAPTION OF CASE (entire caption must be stated in full) LASALLE BANK, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2, (Plaintiff) CHRISTOPHER RITTER and SALLY RITTER, Defendant ) No. 4288 _ civil Term 2002 State matter to be argued (i.e., plaintiff's motion for new tr4al, defendant's d~£er to cc~laint, etc. ): Petition To Open Or strike Off A Judgment e Identify counsel who will argue case: (a) for plaintiff: Richard M. Squire, Esquire Address: Richard M. Squire & Associates, LLC One jenkintown Station, suite 104, 115 West Ave Jenkintown, Pennsylvania 19046 (b) for defendant: Robert L. O'Brien, Esquire Az]dress: O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 I will notify all parties in writing within t~ days that this case has been ]_i~ted for ar~t. 4. Ar~t court Date: February 12, 2003 January 8, 2003 Attorney for Defendants LASALLE BANK, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2, Plaintiff Vo CHRISTOPHER RITTER and SALLY RITTER, Petitioners : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 02-4288 PETITION TO OPEN OR STRIKE OFF A JUDGMENT 1. Petitioners are Christopher S. Rifler and Sally W. Rifler, individuals who reside at 734 North West Street, Carlisle, Cumberland County, Pennsylvania 17013. On or about January 2, 2003, Petitioners received a mailing from Richard M. Squire and Associates, LLC, One Jenkintown Station, Suite 105, 115 West Avenue, Jenkintown, Pennsylvania 19046. Enclosed in the mailing was a Notice of the entry of a Default Judgment. This mailing had an address of 434 North West Street to reach the Petitioners. 2. This was the first Notice received by Petitioners that any action or proceeding had been brought against them by Lasalle Bank, N.A. The Petitioner, Christopher Ritter, and his counsel, Robert L. O'Brien, Esquire, went to the Prothonotary's Office to examine the filings in this mortgage foreclosure action. 3. It would appear from the records, that the mortgage foreclosure action was filed in early September, 2002. The Sheriff was directed to serve the Petitioners at 434 North West Street, Carlisle, Pennsylvania. The Sheriff's return would indicate that 434 North West Street was an abandoned building and the Sheriff indicated he could not affect personal service. 4. Thereafter by Motion filed October 4, 2002, Plaintiff, by its counsel, Richard M. Squire, Esquire filed a Motion for Alternate Service and attached an Affidavit of Good Faith Investigation. Said Affidavit of Good Faith Investigation clearly indicated the Petitioners were residing and could be reached at 734 North West Street, Carlisle, Pennsylvania 17013. The Inquiry of Creditors in I(C), indicated the Ritters resided at 734 North West Street, Carlisle, Pennsylvania; in II, Inquiry of Telephone Company, information indicated the Petitioners resided at 734 Nort:h West Street, Carlisle, Pennsylvania; in III, Inquiry of Neighbors, the neighbor at 730 North West Street indicated the Petitioners resided at 734 North West Street, Carlisle, Pennsylvania; in IV, Inquiry of Post Office, the information indicated the Petitioners resided at 734 North West Street, Carlisle, Pennsylvania; in V, Inquiry of Motor Vehicle Registration, the information indicated the Petitioners resided at 734 North West Street; and finally in VI(C), Other Inquiries, the County Voter Registration indicated Petitioners resided at 734 North West Street, Carlisle, Pennsylvania. Despite the Affidavit of Good Faith Investigation attached to his Motion, the Plaintiff requested alternate service of the Complaint be made by mailing a copy of the Complaint to the Petitioners at 434 North West Street, Carlisle, Pennsylvania. The Notice of the mortgage foreclosure action was never received by the Petitioners 2 5. In examining the records, the Act 91 Notices which preceded the mortgage foreclosure action were sent to 434 North West Street and these Notices were never received by the Petitioners. 6. The original mortgage dated March 17, 1997, in Cumberland County Mortgage Book 1371, Page 781, clearly indicates the address of the Petitioners, as well as that of the property, is 734 North West Street. This is on the first page of the mortgage document. Additionally, the last page of the mortgage document contains the legal description which clearly indicates the property's address as 734 North West Street, Carlisle, Pennsylvania. An Assignment of that mortgage recorded in Miscellaneous Record Book 0545, Page 0212, on March 17, 1997, indicates on the face of that Assignment the property's address is 734 North West Street, Carlisle, Pennsylvania 17013. 7. Petitioners were never served with any of the documents, other than the Notice a judgment had been entered against them on December 31, 2002. Petitioners aver the entry of the judgment without having valid service on them constitutes a failure of jurisdiction and the judgment should be stricken or opened. WHEREFORE, Petitioners respectfully request the following: A. The Court strike the judgment that had been entered against them in the above-captioned action. B. The Court Order and Direct the Plaintiff correct its records to reflect 3 the mailing address of the Petitioners as 734 North West Street, as well as the address of the property as 734 North West Street, Carlisle, Pennsylvania 17013. C. The Court Order and Direct the Plaintiff send all Statutory Notices required by Act 91 and Act 6 to Petitioners attention at 734 North West Street, Carlisle, Pennsylvania 17013. D. And such other relief that is just and equitable. Respectfully submitted, Robert L. O'Brien, Esquire Attorney for Plaintiffs I.D. #28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rob\bankruptcy\filed bcy's\ritter\strikejdg, pet 4 I verify that the statements made in the foregoing Petition to Open Or Strike Off A Judgment are true and correct. 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. istopherS. R~'tte~ LASALLE BANK, N.A., f/k/a Lasalle National Bank, as Trustee under the Pooling and Servicing Agreemem dated June 1, 1997, Series 1997-2, Plaintiff/Respondent VS. CHRISTOPHER RITTER and SALLY RITTER, Defendants/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4288 CIVIL CIVIL ACTION - LAW AND NOW, this ! ~ ° petition, it is hereby ordered that: ORDER day of January, 2003, upon. consideration of the foregoing 1. a rule is issued upon the respondent to show cause why the petitioners are not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of this date; 3. the petition shall be decided under Pa.R.C.P. No. 206.7; 4. in lieu of depositions, an evidentiary hearing on any disputed issues of material fact shall be held on February 14, 2003, at 9:15 a.m., in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA; 5. this matter is stricken from the argument court list of February 12, 2003; and 6. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, 'A Hess, J. LASALLE BANK, N.A., f/k/a : Lasalle National Bank, as Trustee under the Pooling and Servicing Agreement dated June 1, 1997, Series 1997-2, Plaintiff/Respondent V CHRISTOPHER RITTER and SALLY RITTER, Defendants/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4288 CIVIL TERM IN RE: PETITION TO OPEN OR STRIKE OFF A JUDGMENT ORDER OF COURT AND NOW, this 14th day of February, 2003, this matter having been called for hearing, and there having been no answer filed to the petition, and the court accepting as true the factual averments in the petition to open or strike heretofore filed, said petition is granted, and the default judgment entered herein is vacated. It appearing that the defendants reside 734 North West Street, Carlisle, Cumberland County, Pennsylvania, which is also the address of the property in question, and that they are able to be served at that location, our order of October 4, 2002, granting alternative service is vacated as improvidently entered. By the Court, Richard M. Squire, Esquire For the Plaintiff/Respondents Robert L. O'Brien, Esquire For the Defendants/Petitioners :bg A. Hess, J. ~ .~7~.~ J2 ~ I ~" 0.3 Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 One Jenkintown Station, S~ itc 104 115 West Avenue Jenkintown, Pa 19046 (215) 886-8790 Fax: (215) 886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee under the Pqoling and Servicing Agreement dated JuneL 1997, Series 1997-2 PLAINTIFF, Christophe Ritter Sally Ritter 434 N W Street Carlisle, PA 17013 DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-4288 CWIL ACTION MORTGAGE FORECLOSURE RAECIPE To the Prothonotary: i TO SETTLE, DISCONTINUE & END Kindly mark the abov!-captioned matter settled, discontinued and ended, without prejudice. Thank you for your attention to this matter. Dated: October 23, 20t3