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HomeMy WebLinkAbout02-5563V. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. EDWARD W. ORTH ARLENE ORTH 208 BOSLER AVENUE LEMOYNE, PA. 17043 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM / NO. Da- 5503 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:004021673-1 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: EDWARD W. ORTH ARLENE ORTH 208 BOSLER AVENUE LEMOYNE, PA. 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/19/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1389, Page 997. By Assignment of Mortgage recorded 6/17/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 579, Page 713. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 9/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $67,579.32 Interest 1,463.82 8/1/02 through 11/1/02 (Per Diem $15.74) Attorney's Fees 1,225.00 Cumulative Late Charges 97.77 6/19/97 to 11/1/02 Cost of Suit and Title Search 550.00 Subtotal $70,915.91 Escrow Credit 155.48 Deficit 0.00 Subtotal 155.48 TOTAL $70,760.43 8. 9. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $70,760.43, together with interest from 11/1/02 at the rate of $15.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FED AN AND P I By: s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CSRTA= lot or piece of ground with the buildings and imp.ovementa thereon erected situate in the Borough Q yat[iaularly County of Zrmberland and Commonwealth of Pennsylvania, bouided and described as follows, to wit, in accordance with survey of darn eat J. Walker, Registered Professional Engineer, dated the 24"• day of day, A.D., 1967- B8G[NNSNG AC a point on the southwesterly line of Boalcr Avenue, which point is 55 feet westwardly of the westerly line of Cherry Avenue: thence extending South 38 degrees, East 150 feet to a point on the neriheasterly line of Apple Alleyr thence extending along the same South 52 degrees, Went 54 feat to a poinrr thence extending Nortr. 38 degrees West 1do feet to a point on the southeasterly line of Bosler Avenue North 53 degrees Bast 54 feet to the point of BEGINNING. BAVENG Tg '09 erected half of a double three story frame dwclling being known and numbered as 209 Boaler Avenue. VERIFICATION SUSAN RUSTHOVEN hereby states that she is MANAGER OF FORECLOSURE of PRINCIPAL RESIDENTIAL MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: // I `7 /6d ?v f- G` 4 (??o SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-05563 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ORTH EDWARD W 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 ORTH EDWARD W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT ORTH EDWARD W EDWARD ORTH HAS NOT LIVED AT 208 BOSLER AVENUE LEMOYNE FOR YEARS. WIFE AND DAUGHTER DO NOT KNOW HIS WHEREABOUTS. Sheriff's Costs: So answer ? ,- Docketing 18.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 33.00 00/00/0000 Sworn and subscribed to before me this Ig e_. day of _ s o Z A.D. (/?j /n Proth, .11 otary '? SHERIFF'S RETURN - REGULAR CASE NO: 2002-05563 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ORTH EDWARD W ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ORTH ARLENE the DEFENDANT at 1818:00 HOURS, on the 2nd day of December , 2002 at 208 BOSLER AVENUE LEMOYNE, PA 17043 ARLENE ORTH by handing to a true and attested copy of COMPLAINT - MORT FORK together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 27.04 Sworn and Subscribed to before day of miIenn this /y'r? A.D. 'Prothonotary So Answers: R. Thomas Kline 12/05/2002 FEDERMAN & PHELAN By: Deputy Sheriff 3. Internal records reviewed by Plaintiff and has not been contacted by defendant as of DECEMBER 26, 2002 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. Francis S. Hallinan, Esquire H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-700(1 MORTGAGE ELECTRNOIC REGISTRATION SYSTEMS, INC. VS. EDWARD W. ORTH ARLENE ORTH ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-05563 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 he 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 Sheriffs 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 certified mail and regular mail. Respectfully submitted: Francis S. Hallinan, Esquire H:/Main Forms/motions/county.comp SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-05563 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ORTH EDWARD W 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 ORTH EDWARD W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT ORTH EDWARD W EDWARD ORTH HAS NOT LIVED AT 208 BOSLER AVENUE LEMOYNE FOR YEARS. WIFE AND DAUGHTER DO NOT KNOW HIS WHEREABOUTS. Sheriff's Costs: So answer Docketing 18.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 33.00 00/00/0000 Sworn and subscribed to before me this day of A. D. Prothonotary EXHI DEFAULT EXPRESS SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 02-6456 Attorney Firm: Federman & Phelan Subject: Edward Orth Current Address: 208 Bosler Ave. Lemoyne, PA 17043 Property Address: 208 Bosler Ave. Lemoyne, PA 17043 Mailing Address: 208 Bosler Ave. Lemoyne, PA 17043 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: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Edward Orth - 205-42-6161 B. EMPLOYMENT SEARCH Edward Orth - unknown C. INQUIRY OF CREDITORS The creditors indicate that Edward Orth reside(s) at: 208 Bosler Ave. Lemoyne, PA 17043 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Indicated that Edward Orth reside(s) at: 208 Bosler Ave. Lemoyne, PA 17043 - non published III. INQUIRY OF NEIGHBORS M. Edwards 207 Bosler Ave. and he/she verified that Edward Orth reside(s) at: 208 Bosler Ave. Lemoyne, PA 17043 IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE Edward Orth - 208 Bosler Ave. Lemoyne, PA 17043 B. ADDITIONAL ACTIVE MAILING ADDRESSES none V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of Motor Vehicle Edward Orth has a valid license registered with the state. VI. OTHER INQUIRIES A. DEATH RECORDS As of Nov. 1, 2002 Vital Records has no death record on file for Edward Orth. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) none EXHIBIT IF" C. COUNTY VOTER REGISTRATION The Cumberland Cnty Voter reg has a registration for Edward Orth 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 Edward Orth - 4/26/50 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 unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. W,)., t & / 1h, 2, &, - FIANT Steven M. ffo Default Express Services, INC. President Sworn to and subscribed before me this _23_day of _L)ec 2002 NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey My Commission Expires Mar. 21, 2007 7 ARY P)LJBLiC DEFA ULT EXPRESS SER VICES, INC 43 WILSON DRIVE SICKLER VILLE, NJ 08081 PHONE: (856) 740-5027 DEFA ULTEXPRESS@COMCAST NET IHl11'!'!.\Fi1H Il Irl", -,Hrll \F.'f FHl1.1!!1 Ill.:IHI.F.-11 HIM HF 'Ili,., 111. WE ll. ALl.IHIJ.F(IH rllF:1-0" 1 M..IF, ID4111 EXHI BIT 6 Francis S. Hallinan, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: December 26, 2002 ,,?? ?L2? ? Francis S. H[allinan, Esquire R/Main Forms/motions/county.comp n -r1 !.t rv _ 5/ cD 0 Q t7 -' rt Z :x FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Ql-5) 563-7000 MORTGAGE ELECTRNOIC REGISTRATION SYSTEMS, INC. Vsi EDWARD W. ORTH ARLENE ORTH ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-0.5563 C'ERTIFIC'ATION OF SERVICE I, Francis S. Hallinan, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. EDWARD W. ORTH at: 208 BOSLER AV -NUE LEMOYNE, PA 17043 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: December ,6, 2002 Francis S. Hallinan, Esquire Attorney for Plaintiff HJMain Forms/motions/covmty.comp _* 0 C) t7 Tt 7 r 's 7' - i 1 ZF C .J C av ?? FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. EDWARD W. ORTH ARLENE ORTH Defendants Attorney for Plaintiff . COURT OF COMMON PLEAS . CIVIL DIVISION Cumberland County No. 02-05563 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: December 26, 2002 mxp, SVC DEPT C e r v C, 'CS Cr, FEDERMAN ANT) PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRNOIC REGISTRATION SYSTEMS, INC. VS. EDWARD W. ORTH ARLENE ORTH ORDER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-05563 AND NOW, this 2.?o day of 2002 upon consideration of Plaintiffs Motion libr Service Pursuant to Special der of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) EDWARD W. ORTH 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 208 BOSLER AVENUE, LEMOYNE, PA 17043. Service of the aforementioned mailings is effective upon the date of mailing and is to be 7done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. R/Main Forms/motions/county.comp BY THE COURT: 0 w c x VI CAI ASNN3d uNnoi Iv rl Ab" L I i`F FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) -563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs. EDWARD W. ORTH ARLENE ORTH CUMBERLAND COUNTY Defendant(s) NO. 02-05563 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to EDWARD W. ORTH at 208 BOSLER AVENUE, LEMOYNE, PA 17043 on JANITARV 130 003 ,in accordance with the Order of Court dated JANUARY 2, 2003 . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: January 13 003 c? (?• t a t 1?? v J FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff v? tD y / v FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-05563 EDWARD W. ORTH ARLENE ORTH Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against EDWARD W. ORTH and ARLENE ORTH, Defendant(s) for 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 Plaintiffs damages as follows: As set forth in Complaint Interest from 12/2/02 to 2/18/03 TOTAL $70,760.43 $ 1,715.66 $72,476.09 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT D. DATE: a -? PRO PROTHY C2t. : FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 V. Plaintiff, EDWARD W. ORTH ARLENE ORTH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-05563 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, 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 defendant(s) 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' Civil Relief Act of Congress of 1940, as amended. (b) that defendant EDWARD W. ORTH is over 18 years of age and resides at, 208 BOSLER AVENUE, LEMOYNE, PA 17043. (c) that defendant ARLENE ORTH is over 18 years of age, and resides at, 208 BOSLER AVENUE, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERlMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (115) 561-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. EDWARD W. ORTH ARLENE ORTH Defendant(s) TO: EDWARD W. ORTH 208 BOSLER AVENUE LEMOYNE, PA 17043 DATE OF NOTICE: FEBRUARY 4, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY : NO. 02-05563 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (') 15) 561-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. EDWARD W. ORTH ARLENE ORTH De f endant (s) TO: ARLENE ORTH 208 BOSLER AVENUE LEMOYNE, PA 17043 DATE OF NOTICE: FEBRUARY 4, 2003 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-05563 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff r e? 7-7- C S' 1 s ? s 1 2 ? ?t M. ? ?1 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, No. 02-05563 v. EDWARD W. ORTH ARLENE ORTH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due interest from 2/19/03 to 6/11/03 (per diem -$11.91) TOTAL $72,476.09 Y $ 1,345.83 and Costs $73,821.92 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. r --,k.• w? 0 w? v ^^ Vf ? aw o H a? ? 0 w ?~ 0 HU d t? H ? ~" U aN 00 ?w ?w w 0 U w v, o? W U a i f14 M ? O C as ww as w? d d a? Id N N rn ?C a? ALL THAT CERTAIN lot or piece of ground with the btildings and improvements thereon erected situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit, in accordance with survey of Ernest J. Walker, Registered Professional Engineer, dated the 24"' day of May, A.D., 1967_ BEGINNING at a point on the southwesterly line of Bosler Avenue, which point is 55 feet westwardly of the westerly line of Cherry Avenue; thence extending South 38 degrees, East ISO feet to a point on the northeasterly line of Apple Alley;- thence extending along the same South 52 degrees, West 54 feet to a point; thence extending North 38 degrees West 140 feet to a point on the southeasterly line of Bosler Avenue North 52 degrees East 54 feet to the point of BEGINNING. HAVING THEREON erected half of a double three story frame dwelling being known and numbered as 208 Bosley Avenue. BEING KNOWN AS 208 BOSLER AVENUE, LEMOYNE, PA 17043. TAX PARCEL # 12-21-0265-298 TITLE TO SAID PREMISES IS VESTED IN Arlene Orth by reason of the following: BEING THE SAME premises which James W. Snyder and Sarah A. Snyder, his wife by Deed dated 4/14/92 and recorded 6/26/97 in the County of Cumberland in Record Deed Book 160, Page 11 conveyed unto Edward W. Orth and Arlene Orth, his wife. AND THE SAID Arlene Orth and Edward W. Orth, Sr., were divorced from the bonds of matrimony in Docket 1997-6333 on 3/8/2000. AND ALSO BEING THE SAME premises which Edward W. Orth and Arlene Orth, his wife by Deed dated 2/24/2000 and recorded 2/29/2000 in the County of Cumberland in Record Book 216, Page 944 conveyed unto Arlene Orth. a „4 Dv? sy ? _} 1 rU WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5563 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff (s) From EDWARD W. and ARLENE ORTH, 208 BOSLER AVE., LEMOYNE PA 17043. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 208 BOSLER AVE., LEMOYNE PA 17043 (SEE ATTACHED LEGAL DESCRIPTION)). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,476.09 L.L. $30 Interest 2/19/03 TO 6/11/03 @ $11.91 per diem $1,345.83 Atty's Comm % Due Prothy $1.00 Atty Paid $142.04 Other Costs Plaintiff Paid Date: 2/21/03 CURTIS R. LONG Prothonotary (Seal) By: (,t J,' Depu REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD. - SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. EDWARD W. ORTH ARLENE ORTH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-05563 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff c 7 C MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, . V. EDWARD W. ORTH ARLENE ORTH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-05563 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,208 BOSLER AVENUE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name EDWARD W. ORTH ARLENE ORTH Last Known Address (if address cannot be reasonably ascertained, please indicate) 208 BOSLER AVENUE LEMOYNE, PA 17043 208 BOSLER AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF LEMOYNE 665 MARKET STREET LEMOYNE, PA 17043 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 208 BOSLER AVENUE LEMOYNE, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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 falsification to authorities. February 13, 2003 ?& DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff r n ? C: ' ? ? ? ? ? t ` - r ._-- , ? ?, ` . rl 'i1 f? ? ; . ? ? S y + `S? ? L-- , ? ? ??,.; ? J MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. EDWARD W. ORTH ARLENE ORTH Defendant(s). CUMBERLAND COUNTY No. 02-05563 February 13, 2003 TO: EDWARD W. ORTH 208 BOSLER AVENUE LEMOYNE, PA 17043 ARLENE ORTH 208 BOSLER AVENUE LEMOYNE, PA 17043 * *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at, 208 BOSLER AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72,476.09 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 (717) 240-6390. 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 amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CSRTASN lot or piece of ground with the buildings and improvements thereon erected situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit, in accordance with survey of Ernest J. Walker, Registered Professional Engineer, dated the 24"' day of May, A.D., 1967t 13=3a;wXNG at a point on the southwesterly line of Bosler Avenue, which point is 55 feet westwardly of the westerly line of Cherry Avenue; thence extending South 38 degrees, East 150 feet to a point on the ` northeasterly line of Apple Alley;- thence extending along the same south 52 degrees, West 54 feet to a point; thence extending North 38 degrees West Igo feet to a point on the southeasterly line of Bosler Avenue North 52 degrees East 54 feet to the point of BEGINNING. HAVING TRIEtEOl+r'erected '--half ' of'a'doul>l?e.'rliree story "frame dwelling being known and numbered as 208 Basler Avenue. BEING KNOWN AS 208 BOSLER AVENUE, LEMOYNE, PA 17043. TAX PARCEL # 12-21-0265-298 TITLE TO SAID PREMISES IS VESTED IN Arlene Orth by reason of the following: BEING THE SAME premises which James W. Snyder and Sarah A. Snyder, his wife by Deed dated 4114/92 and recorded 6/26/97 in the County of Cumberland in Record Deed Book 160, Page 11 conveyed unto Edward W. Orth and Arlene Orth, his wife. AND THE SAID Arlene Orth and Edward W. Orth, Sr., were divorced from the bonds of matrimony in Docket 1997-6333 on 3/8/2000. AND ALSO BEING THE SAME premises which Edward W. Orth and Arlene Orth, his wife by Deed dated 2/24/2000 and recorded 2/29/2000 in the County of Cumberland in Record Book 216, Page 944 conveyed unto Arlene Orth. k - 1 ? ry C? t .? ,?,5 CUMBERLAND COUNT{Y'?LD p,FFIDAVIT OF SERVICE Ol`RC No. 02-055b3 LECTR MORTGAGEE SYSTEMS' INC' ACC 004021673-1 TIFF REGISTRATION T • # PLAIN EDWARD W• ORTS a of Action FENDANT(S) ARLENE ORTA rNotice of Sheriff's sale DE Sale Date. 6111103 ENE ORTR AT SERVE ZO BOSLER ASE LEMOV,NE' PA 17043 SERVED day of 'L 200 \ Defendant, on the , Corrurlonwealth Served and made known to J?s o' clock •m., aj? at at ?' . the manner described below: of Pennsylvania, Relationship is ?--- - lnP' t personally served. hom Defendant(s) reside(s) • give name or relations ?Defendan member with who refused to g Adult fain y t s 's residence reside(s)• business' Adult in charge of Defendant(s)' efendan(), in which lace of er/Clerk of place of lodging , office or usual p Manag charge ofDefendant(s) s s ,s company. =pgent or person in an officer of said Defendant() "' ex Other ------Other: r r ' ! Race; h Weight depose and state that I personally hander `P4 ( I Age Selg sworn according to law, captioned case on the date and at Descnpt?on. a competent adult, being duly herein, issued in the ? 1, of the N rice of Sheriffs Sale in the rnanner as set forth a true and correct copy 1 the address indicated above. Notarial Seal and subsc 'bed Lk4a J. Jumper. Notary P Sworn to anday Carlisle BOM, Curnbedand before me this W Corrnissim Expires of ' 200 memyter. Perms yt. .. .o? or Notaries TES & TIMES OF SERVICE ATTEMPTED• Notary: l!? INDICATE DA PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. NOT SERVED ause: o'clock _ m•, Defendant NOT FOUND bec 200_, at --? day of Vacant On the -- UUJUIown No Answer Time?? Moved 2nd Attempt: 1S' Attempt' ? 3rd AttemPt' Sworn to and subscribed day before me this 200. By: of Notary: Attorne for Plaintiff wire - I.D. No. 12248 Frank Federman, Esq n C cam, -? [. --- -? ?- f'?; ,:C -- ..?? :.+ t _` _.. ? FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. EDWARD W. ORTH ARLENE ORTH ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-05563 I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) EDWARD W. ORTH on 2/19/03 at 208 BOSLER AVENUE, LEMOYNE, PA 17043 in accordance with the Order of Court dated, 1/2/03. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unsworn falsificaton to authorities. FEDERN , ESQUIRE ATTORNEY FOR PLAINTIFF DATE: May 8, 2003 7160 3401 9844 2426 2354 TO: EDWARD W. ORTH 208 BOSLER AVENUE LEMOYNE, PA 17043 SENDER: KNiD REFERENCE: 004021673-1 RETURN Postage i RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mad ------------ ?STbFi4FiK 9Rt?' " o l J ?? 7? J C= _ ;tt , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CIVIL ACTION VS. EDWARD W. ORTH ARLENE ORTH CIVIL DIVISION NO. 02-05563 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on 2119/03 & 4122/03 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: May 8, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 0 Yz a, 1* H :0 y n bow a? rz? yyb x 0 ?y S H 0 0 a? M " a Iro0 A? r Gyro ?ro w 00 A C/1 H A 0 0 l `_7 c.?y ?-_ ? 'C? ? ' -.- - - m ?- ` , -__ u_ r?, ? - E";lJ -- _ '.?`? c: ; ' ?': . .. . -<` =' ?, . _ --: Mortgage Electronic Registration Systems, Inc. VS Edward W. Orth and Arlene Orth In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5563 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff s Costs: Docketing 30.00 Poundage 14.61 Posting Bills 15.00 Advertising 15.00 Mileage 22.08 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Library .50 Prothonotary 1.00 Certified Mail Law Journal 311.90 Patriot News 244.54 Share of Bills 25.24 S 744.87 paid by attorney 9/2/03 Sworn and subscribed to before me This /b" day of , ",-?? 2003, A.D. l- 12 ?yts (2? Prothonotary So Answers: ?000a -oe ? eriff R. Thomas Kline, SLa B Rea Estaii Deputy 15?° Lh`419'7a' 1'oo- v Real Estate Sale # 59 On March 14, 2003 the sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA known and numbered as 208 Bosler Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14, 2003 Bysq?? Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 59 Writ No. 2002-5563 Civil Mortgage Electronic Registration Systms. Inc. VS. Edward W. Orth and Arlene Orth Atty.: Frank Federman ALL THAT CERTAIN lot or piece of ground with the buildings and im- provements thereon erected situate in the Borough of Lemoyne. County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit, in accordance with survey of Ernest J. Walker, Registered Profes- sional Engineer, dated the 24th day of May, A.D., 1967: BEGINNING at a point on the southwesterly line of Bosler Avenue. which point is 55 feet westwardly of the westerly line of Cherry Av- enue: thence extending South 38 degrees, East 150 feet to a point on the northeasterly line of Apple Al- ley: thence extending along the same South 52 degrees, West 54 feet to a point; thence extending North 38 degrees West 150 feet to a point on the southeasterly line of Bosler Avenue North 52 degrees East 54 feet to the point of BEGINNING. HAVING THEREON erected half of a double three story frame dwell- ing being known and numbered as 208 Bosler Avenue. BEING KNOWN AS 208 BOSLER AVENUE. LEMOYNE, PA 17043. TAX PARCEL 812-21-0265-298. f Coyne, E for WORN TO AND SUBSCRIBED before me this 9 day of MAY, 2003_ '?6.r ?_)' I?p? ?- ??'?d'yi"??,,'i"' mOT, Lf%tAl U LOIS E. CN70EII, WXY 1A0 CsiU* E: ro, cui ? 5 MY &;rw k TITLE TO SAID PREMISES IS VESTED IN Arlene Orth by reason of the following: bounded and described as follows, "`+,• r? to wit, in accordance with survey of .+..?? Ernest J. Walker, Registered Profes- sional Engineer, dated the 24th day of May, A.D., 1967: BEGINNING at a point on the southwesterly line of Bosler Avenue. which point is 55 feet westwardly of the westerly line of Cherry Av- enue: thence extending South 38 degrees, East 150 feet to a point on the northeasterly line of Apple Al- ley; thence extending along the same South 52 degrees, West 54 feet to a point; thence extending North 38 degrees West 150 feet to a point on the southeasterly line of Bosler Avenue North 52 degrees East 54 feet to the point of BEGINNING. HAVING THEREON erected half of a double three story frame dwell- ing being known and numbered as 208 Bosler Avenue. BEING KNOWN AS 208 BOSLER AVENUE, LEMOYNE, PA 17043. TAX PARCEL #12-21-0265-298. TITLE TO SAID PREMISES IS VESTED IN Arlene Orth by reason of the following: BEING THE SAME premises which James W. Snyder and Sarah A. Snyder, his wife by Deed dated 4/14/92 and recorded 6/26/97 in the County of Cumberland in Record Deed Book 160, Page 11 conveyed unto Edward W. Orth and Arlene Orth, his wife. AND THE SAID Arlene Orth and Edward W. Orth. Sr., were divorced from the bonds of matrimony in Docket 1997-6333 on 3/8/2000. AND ALSO BEING THE SAME premises which Edward W. Orth and Arlene Orth, his wife by Deed dated 2/24/2000 and recorded 2/ 29/2000 in the County of Cumber- land in Record Book 216, Page 944 conveyed unto Arlene Orth. < IL THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ........................... ,,?.... 1'' ......!....... ??? = COPY Sworn to and subs rib bdfore me th)s fi4ffi_Jay?Q(May 203 A.D. Terry L. Russell, Notary Publia, Z _ _',?/' City Of Hamsburg. Dauphin County - My Commission Expires June 6.26t?)6 NO ARY PUBLIC: Member, Penrsylvania Assa;iation Of Noane9ny commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 242.79 Probating same Notary Fee(s) $ 1.75 Total $ 244.54 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By REAL ESTATE SALE No. 59 Writ No. 2002-5583 Civil Term 1w11ortgage Electronic Registration Systems, Inc. vs Edward W. Orth and Arlene Orth Atty: Frank Federman DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and i,nprovements thereon erected situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit, in accordance with survey of Ernest J. Walker, Registered Professional Engineer, dated the 24th day of May, A. D., 1967: BEGINNING at a point on the southwesterly line of Bosler Avenue, which point is 55 feet westwardly at the westerly line of Cherry Avenue; thence extending South 38 degrees, East 150 feet to a point on the northeasterly line of Apple Alley; thence extending along the same South 52 degrees, West 54 feet to a point; thence extending North 38 degrees West 150 feet to a point on the southeasterly line of Bosler Avenue North 52 degrees East 54 feet to the point of BEGINNING. HAVING THEREON erected half of a double three-story frame dwelling being known and numbered as 208 Bosler Avenue. BEING KNOWN as 208 Bosler Avenue, Lemoyne, PA 17043. TAX PARCEL NO.: 12-21-0265-298. TITLE TO SAID PREMISES is vested in Arlene Orth by reason of the following: BEING THE SAME premises which James W. Snyder and Sarah A. Snyder, his wife, by Deed dated 4/14192 and recd.ded 6/26/97 in the County of Cumberland in Record Deed Book 160, Page 11 conveyed unto Edward W. Orth and Arlene Orth, his wife. AND THE SAID Arlene Orth and Edward W. Orth, Sr., were divorced from the bonds of matrimony in Docket 1997-6333 on 3/8/2000. AND ALSO BEING the same premises which Edward W. Orth and Arlene Orth, his wife, by Deed dated 212412000 and recorded 2/29/2000 in the County of Cumberland in Record Book 216. Page 944 conveyed unto Arlene Orth. /?5 411? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 02-05563 EDWARD W. ORTH ARLENE ORTH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $72,476.09 Interest from 2/18/03-6/9/04 $5,692.98 and Costs (per diem -$11.91) TOTAL $78,169.07 3t?St A FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. M M O O r r W W zz IW 04 C) a r.-.azz Oz O?" F W? w W W y W CCW ?,x w o ° d? ? OF Wal?j h ?O F° o W W Uz Wz , 10 ?a ? T as 00 00 "'7A F W? W? d NN °'"' ?p a w U c- c-j - r ? J C u-a ON C_ ? N Cj _1/?-J w r 0 , M 44 V, ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected situate in the Borough of Lemoyne. County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit, in accordance with survey of Ernest a. Walker, Registered Professional Engineer, dated the 24"' day of May, A.D., 19677 HEGINNING at a point on the southwesterly line of Basler Avenue, which point is 55 feet westwardly of the westerly line of Cherry Avenue; thence extending South 38 degrees, East 150 feet to a point on the northeasterly line of Apple Alley; thence extending along the same South 52 degrees, West 54 feet to a point; thence extending North 38 degrees West 1do feet to a point on the southeasterly line of Boller Avenue North 52 degrees East 54 feet to the point of BEGINNING. SAVING THEREON erected half of a' double three story frame dwelling - being known and numbered as 208 Scaler Avenue. BEING KNOWN AS 208 BOSLER AVENUE, LEMOYNE, PA 17043. TAX PARCEL # 12-21-0265-298 TITLE TO SAID PREMISES IS VESTED IN Arlene Orth by reason of the following: BEING THE SAME premises which James W. Snyder and Sarah A. Snyder, his wife by Deed dated 4/14/92 and recorded 6/26/97 in the County of Cumberland in Record Deed Book 160, Page 11 conveyed unto Edward W. Orth and Arlene Orth, his wife. AND THE SAID Arlene Orth and Edward W. Orth, Sr., were divorced from the bonds of matrimony in Docket 1997-6333 on 3/8/2000. AND ALSO BEING THE SAME premises which Edward W. Orth and Arlene Orth, his wife by Deed dated 2/24/2000 and recorded 2/29/2000 in the County of Cumberland in Record Book 216, Page 944 conveyed unto Arlene Orth. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5563 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff (s) From EDWARD W. ORTH ARLENE ORTH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$72,476.09 L.L. Interest FROM 2/18/03-6/9/04 (PER DIEM - $11.91) $5,692.98 AND COSTS Arty's Comm % Due Prothy $1.00 Atty Paid $899.41 Other Costs Plaintiff Paid Date: MARCH 9, 2004 CURTIS R. LONG Prothonotary (Seal) By: REQUESTING PARTY: Name Frank Federman, Esq. Address: One Penn Center at Suburban Station 1617 John L Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 Deputy UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: yoV ?? (4ti E ARLENE ORTH CASE NO.: 1-03-03319 \k CHAPTER 13 M Debtor(s) cCe N? l ORDER DISMISSING CASE Al, Harrisburg, in said district, on this c2^t day of December, 2003, Upon Motion of Trustee and it having been determined after notice and hearing that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. BY THE COURT: HARRISBURG 'FILED #R 5 ruU DEC; 2 4 2003 Clerk, U- q- Bankruptcy Court 000886 DEC 3 0 2002 V FEDERMAN AND PHELAN BY: Francis S. Hallman, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (715) 563-7000 MORTGAGE ELECTRNOIC REGISTRATION SYSTEMS, INC. CIVIL DIVISION vs. EDWARD W. ORTH ARLENE OATH ORDER AND NOW, this a?k day of(_Ja` 7 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-05563 2001, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) EDWARD W. ORTH 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 208 BOSLER AVENUE, LEMOYNE, PA 17043. 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: /Y( l a /.? / J. R/Main Forms/motions/coanty.comp Irl ` t;i?'i"t e Inert,L;n'4-5+'.1my ha-nd i 3 "-? "i of aid I ;? a, t as wt"Nsto, t'a. hi 3. (Jdy Pmthonotara FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION EDWARD W. ORTH NO. 02-05563 ARLENE ORTH Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,?k d 1k1 . nJ _ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,,, ?? ?? ;_- ?:?? ?_? -n ? -? ??., , ?? ?, :? < ,_ ?-, __ '?; ;, r.• _. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. EDWARD W. ORTH ARLENE ORTH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-05563 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 208 BOSLER AVENUE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name EDWARD W. ORTH (MOR) ARLENE ORTH (RO) Last Known Address (if address cannot be reasonably ascertained, please indicate) 208 BOSLER AVENUE LEMOYNE, PA 17043 208 BOSLER AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF LEMOYNE 665 MARKET STREET LEMOYNE, PA 17043 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 208 BOSLER AVENUE LEMOYNE, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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 falsification to authorities. March 8, 2004 _ M kkEw T(Y,YxI DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ? N 5 ?7 r_> ^II ? _ v ? ..?' t'(T ?,: ? -r ;^. ?( 47 ?l -;C) CI ? ?,_ ?=_? ('Y! f\? MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. EDWARD W. ORTH ARLENE ORTH Defendant(s). CUMBERLAND COUNTY No. 02-05563 March 8, 2004 TO: EDWARD W. ORTH 208 BOSLER AVENUE LEMOYNE, PA 17043 ARLENE ORTH 208 BOSLER AVENUE LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at, 208 BOSLER AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72,476.09 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P, Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 (717) 240-6390. 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 amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTASN lot or piece of ground with the buildings and improvements thereon erected situate in the Borough of Lemoyne. County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit, in accordance with survey of Ernest S. Walker, Registered Professional Engineer, dated the 24"` day of May, A.D., 1967: PSGINNING at a point on the southwesterly line of Sosler Avenue, which point is 55 feet westwardly of the westerly line of Cherry Avenue; thence extending South 38 degrees, East 150 feet to a point on the northeasterly line of Apple Alley;, thence extending along the same South 52 degrees, West 54 feet to a point; thence extending North 38 degrees west loo feet to a point on the southeasterly line of Scaler Avenue North 52 degrees East 54 feet to the point of BEGINNING. RAVING THEREON erected half of a double three story frame dwelling - being known and numbered as 208 Boaler Avenue. BEING KNOWN AS 208 BOSLER AVENUE, LEMOYNE, PA 17043. TAX PARCEL # 12-21-0265-298 TITLE TO SAID PREMISES IS VESTED IN Arlene Orth by reason of the following: BEING THE SAME premises which James W. Snyder and Sarah A. Snyder, his wife by Deed dated 4/14/92 and recorded 6/26/97 in the County of Cumberland in Record Deed Book 160, Page 11 conveyed unto Edward W. Orth and Arlene Orth, his wife. AND THE SAID Arlene Orth and Edward W. Orth, Sr., were divorced from the bonds of matrimony in Docket 1997-6333 on 3/8/2000. AND ALSO BEING THE SAME premises which Edward W. Orth and Arlene Orth, his wife by Deed dated 2/24/2000 and recorded 2/29/2000 in the County of Cumberland in Record Book 216, Page 944 conveyed unto Arlene Orth. n _ o j:. T !f7 r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION REGISTRATION SYSTEMS, INC. VS. EDWARD W. ORTH ARLENE ORTH CIVIL DIVISION NO. 02-05563 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on March 9, 2004 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: March 30. 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 0 y o z to A W N O ? m J ? to A W N t"' ? ?? a ? z c 3 Cr m R x o trl 0 O rn c d 0 O O O n ? yy G g y IVVI x p (? ? n Ib Q w ,.iy (Cp] I. r " ? y b te 0 ro $ 7 N ro t>7 O O a ?a rn G ? 41- A ? t--I O W b O 071 O ga >> gq F h3 ?. Op J W -+ oo g `R S og ro hi ?HRoe, N Vn H y ' 5 aa3s b t" m "FF ? b d ? J ° m P les ? p 0.srN, 01 Q -o p m fY ? 'S's.. . pTNFY R04VE5 I O ?. B'gu c 14 $ 01.20 ^ `? j ` 00043 77 MAR 09 20 H?d1'? 8 ° n? MAILED FROM ZIF CODE 19 1 ? F. v m E m a d l?7 ro 04 03 c w r t I i r: ..-. ?1 ^s Y G. .. N F EDERMAN AND PHELAN LLP. by: Att Daniel G. Schmieg, Esquire OneyPennDCenter6Plaza, Philadelphia, Suite 1400 PA 19102-1799 (215)(215)=700 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC. Edward W. vs. Orth Arlene Orth CUMBERLAND COUNTY . COURT OF COMMON PLEAS . CIVIL DIVISION . NO. 02-05563 PRA8CIP8 FOR RULE TO SHOSQ CAII88 TO THE PROTHONOTARY; Kindly enter a Rule upon Edward W. Orth Arlene Orth, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. 7FEDRMAD7 AND PH AN, L.L.P. By: r'?._? Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215)_ 563-7000 Mortgage Electronic Registration Systems, INC. vs. Edward W. Orth Arlene Orth ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-05563 AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 1` 1 2004. ,Edward W. Orth 208 Bosler Avenue, Lemoyne, PA 17043 Arlene Orth 208 Bosler Avenue, Lemoyne, PA 17043 DATE: May 11, 2004 KSDERMAN AND PHELAN, L.L.P. By; - Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215)_7000 Mortgage Electronic Registration Systems, INC. vs. Edward W. Orth Arlene Orth ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY • COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-05563 PLAINTIFFS PETITION FOR REASSESSMENT Op pAMAGES Plaintiff, by its Attorney, Federman and Phelan, LLP and Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in. this matter, and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered February 18, 2003 in the amount of 72,476.09. 2•. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 13 Bankruptcy (#1-03-03319) on June 4, 2003. The Bankruptcy was dismissed by order of court dated December 24, 2003. 3. The mortgaged premises are listed for Sheriffs Sale on June 9, 2004. 4. Additional sums have been incurred or expended on Defendant(s) behalf during the time the sale was postponed or stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. As a result, the amount of damages should now read as follows: Principal Balance Interest Amount 67 346 27 January 1, 2003 through June 9, 2004 P , . 8,219.43 er Diem $15.68 Late Charges Legal fees Cost of Suit and Title 0.00 2 250 00 Sheriff's Sale Costs , . 1 755 00 Property Inspections , . 744 87 MIP/PMI . NSF Fees 125.31 Suspense/Misc. Credits 231.61 Appraisal/BPO 0.00 Escrow (0.00) Credit 0.00 Deficit 0.00 TOTAL 1,256.28 $81,910.77 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1389), Page (#997), Plaintiff is entitled to judgement in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. ?ERMAN AP PHELAN, L.L.P. By: Daniel G. Schmieg, Esquire Attorney for Plaintiff -2- FEDERMAN AND PHELAN LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215)7000 Mortgage Electronic Registration Systems, INC. • CUMBERLAND COUNTY . COURT OF COMMON PLEAS vs. Edward W. Orth CIVIL DIVISION Arlene Orth • NO. 02-05563 BRIEF OF LAN IN 3IIPPORT ?DF PLAINTIFF7S MOTION TO RSASSBSS DAMAGES I• BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub 'udicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGVMBNT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation... instant case, In the the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortgage Cor oration of the Southwest v. Good,. 537 A.2d 22, 24 (Pa.Super 1988). In Chase Home_ Mortgage the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly amend the judgment to add additional sums due by v tue if vtheh mortgage's failure to comply with the terms of the mortgage agreement. Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v Burns, 1114 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Trust CO. 332 Pa 545, 2 A.2d 826 Altoona (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA V. Jefferson, unreported case a copy of which an is attached hereto, since enumerated in Plaintiff's Motion f the charges or Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages, F ERMAN AND HELAN, L.L.P. By: Daniel G. Schmie Attorne g' Esquire` y for Plaintiff 03'r'Ci_.:,' - ASSGC A ?On - L n, L C-6:"«ON P.L-'IaS . -_ -.- _ ISION JOS?3y JE_ F35Jti anc - - NHY T_?-`+•' X49 ?- ; - - - .440.. ? 3 5 9 - ?i:. AND 00 _r- WIZTE, tSts - ? day o /lc 3 upon GUZS?d --Sa`.._OR o_ ? - - - _ 1lrvo, dc_aa Net' a! t!c,T:S24e Association's °etitlon fir ?econs_3erht_an tiunc ?re Linc Cy tail Courts Or3er Of ,ycvembec 7, L"S avid z::e tharrc?o_ of De_eindants, Jdseoh Je` acsan and acs __csor„ it _s he;ety-OSDE3:-`D azd Dr - as- h fcl3ov a n &-,l ' SRANTZO. Z? Myt`?-t?s 6z Qr ttairer?' Q_ 7 L9d5 L Z-=yz?S?D and -Laia?3 t`o 'oNv=or zZeassessracat`vt Oamagcs is GRANTcd _t. ?lti' l n^.rcfiy incrca:.cd to 56, 147.71 - Because °a1at_'f was required to a¢ceFt cucrcnt 1 mortgage 3sa_yments uoori the f= ling oc ;Uefenidzn:s' b<nC_Uotc v ' petiziais 'and In fact aid so, it is . necessa. y zo raas'sess ! _he zcount Qf danaSQs that initial! . Y uc.e assessed after judgment'by default was enteced is this action,_ Because Defendants have not e_uted the saecj?`-c a:acunts claimed. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ;.L-ERMANELAN, L.L.P. DATE: May 11, 2004 By: niel G. Schmieg, Esquire Attorney for Plaintiff n `- ? _. : = ?. ' -,? ?„ w i',? - r. -; ,, ?: - ?.? ?? ?„ '= N FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC. vs. Edward W. Orth Arlene Orth RULE ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS . NO. 02-05563 . CIVIL DIVISION AND NOW, this 7V day of }M47 2004, a Rule is entered upon Edward W. Orth Arlene Orth, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE Zo 0(0-v ltZe Svw?a.- nv mvn ........... ro 0 L i .Q Et 8 I A?'W hDOZ i t(d13aLjo-G31 A 30 FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs' CIVIL DIVISION Edward W. Orth Arlene Orth NO. 02-05563 CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of June 14, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 25, 2004. Edward W. Orth Arlene Orth 208 Bosler Avenue, Lemoyne, PA 17043 FEDERMAN AND PHELAN, L.L.P By: 0 Daniel G. Schm wire Attorney for Plaintiff Date: May 25, 2004 (7- o -n O-? ?1 Qc) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 8th day of Sept A.D., 2004, under and by virtue of a writ Execution issued on the 9th day of March, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 5563, at the suit of Mortgage Electroic Reg Systems Inc against Edward W Orth & Arlene is duly recorded in Sheriff's Deed Book No. 265, Page 2610. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this l,t day of cycxeA,-, , A.D2004 lrr}t^ l ?rlM) newrdxaoaae? p?.,M' "Recorder of Deeds nycawf*WW ?tranw FM.cw aa62M Mortgage Electronic Registration Systems, Inc. VS Edward W. Orth and Arlene Orth In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5563 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2004 at 4:55 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Edward W. Orth and Arlene Orth, by making known unto Jamie Orth, adult daughter of Edward and Arlene Orth, at 208 Bosler Ave., Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2004 at 8:59 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Edward W. Orth and Arlene Orth located at 208 Bosler Ave., Lemoyne, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Edward W. Orth and Arlene Orth, by regular mail to their last known address of 208 Bosler Ave., Lemoyne, PA 17043. These letters were mailed under the date of April 13, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 08, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000 being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $901.85. Sheriffs Costs Docketing $30.00 Poundage 17.68 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 22.08 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 311.90 Patriot News 309.43 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $ 921.85 Sworn and subscribed to before me This j/ day of OC&L, 2004, A.D. 44 othonotary „'lorj So Answers: Rs°??-° R. Thomas Kli(n`e,h/e/n'ff BY Ja JyVICG"1 Real Est Deputy ,30- LO I-Z.2 Y° MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. EDWARD W. ORTH ARLENE ORTH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-05563 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 208 BOSLER AVENUE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EDWARD W. ORTH (MOR) ARLENE ORTH (RO) 208 BOSLER AVENUE LEMOYNE, PA 17043 208 BOSLER AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF LEMOYNE 665 MARKET STREET LEMOYNE, PA 17043 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 208 BOSLER AVENUE LEMOYNE, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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 unswom falsification to authorities. March 8, 2004 ?? " K"WY`l QJI - DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. EDWARD W. ORTH ARLENE ORTH Defendant(s). CUMBERLAND COUNTY No. 02-05563 March 8, 2004 TO: EDWARD W. ORTH 208 BOSLER AVENUE LEMOYNE, PA 17043 ARLENE ORTH 208 BOSLER AVENUE LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at, 208 BOSLER AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on NNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72,476.09 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. 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.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 (717) 240-6390. 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 amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 f ALL THAT CERTA2N lot or piece of ground with the buildings and improvements thereon erected situate in the Borough of Lemoyne, county of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit, in accordance with survey of Ernest J. Walker, Registered Professional Engineer, dated the 24"` day of May, A-D., 1967: SEGSNNSNG at a point on the southwesterly line of Bosler Avenue, which point is 55 feet westwardly of the westerly line of Cherry Avenue; thence extending South 38 degrees, East 150 feet to a point on the northeasterly line of Apple Alley; thence extending along the same south 52 degrees, West 54 feet to a point; thence extending North 38 degrees West 1Ao feet to a point on the southeasterly line of Bosler Avenue North 52 degrees East 54 feet to the point of BEGINNING. RAVING THEREON erected half of a double three story frame dwelling being known and numbered as 208 Bosler Avenue. BEING KNOWN AS 208 BOSLER AVENUE, LEMOYNE, PA 17043. TAX PARCEL # 12-21-0265-298 TITLE TO SAID PREMISES IS VESTED IN Arlene Orth by reason of the following: BEING THE SAME premises which James W. Snyder and Sarah A. Snyder, his wife by Deed dated 4/14/92 and recorded 6/26/97 in the County of Cumberland in Record Deed Book 160, Page 11 conveyed unto Edward W. Orth and Arlene Orth, his wife. AND THE SAID Arlene Orth and Edward W. Orth, Sr., were divorced from the bonds of matrimony in Docket 1997-6333 on 3/8/2000. .AND ALSO BEING THE SAME premises which Edward W. Orth and Arlene Orth, his wife by Deed dated 2/24/2000 and recorded 2/29/2000 in the County of Cumberland in Record Book 216, Page 944 conveyed unto Arlene Orth. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5563 Civil CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff (s) From EDWARD W. ORTH ARLENE ORTH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$72,476.09 L.L. Interest FROM 2/18/03-6/9/04 (PER DIEM - $11.91) $5,692.98 AND COSTS Airy's Comm % Due Prothy $1.00 Arty Paid $899.41 Plaintiff Paid Other Costs Date: MARCH 9, 2004 (Seal) REQUESTING PARTY: Name Frank Federman, Esq. Address: One Penn Center at Suburban Station 1617 John I. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 CURTIS R. LONG Prothonotary By:?iy a i Deputy Real Estate Sale #69 On March 10, 2004 the sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 208 Bosler Ave., Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10, 2004 BY: J Real Estate Deputy a+ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County f Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ` r / / e-ik n PUBLICATION COPY SALE#69 Sworn to and subs ibed fo Ter L Russell, Notary Public City o7Harrisburg, Dauphin County Ny Commission Expires wne b, 2006 ..____.......a. ?ianciotion o1 Notuies ............. ...................................... Me?his 28th day Ma 4 A.D. N ARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 f+ Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates 309.43 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... REAL ESTATE SALE No. 69 Writ No. 2002-5563 Civil Term Mortgage Electronic Registration Systems, Inc. Vs Edward W. Orth and Arlene Orth Atty: Frank Federman DESCFUPTION ALL THAT CERTAIN lot or piece of ground with the buildings L'A improvements thereon erected situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit, in accordance with survey of Ernest J. Walker, Registered Professional Engineer, dated the 24th day of May, A.D.,1967: BEGINNING at a point on the southwesterly fine of Bosler Avenue, which point is 55 feet westwardly of the westerly fine of Cherry Avenue; thence extending South 38 degrees, East 150 feet to a point on the northeasterly fine of Apple Alley; thence extending along the same South 52 degrees, West 54 feet to a point; thence extending North 38 degrees West 150 feet to a point on the southeasterly fine of Bosler Avenue North 52 degrees East 54 feet to the point of BEGINNING. HAVING thereon erected half of a double three-story frame dwelling being known and numbered as 208 Bosler Avenue. BEING known as 208 Bosler Avenue, Lemoyne, PA 17043. TAX PARCEL No. 12-21-0265-298. TITLE TO said premises is vested in Arlene thth by reason of the Pigwing: BEING THE SAME premises which James W. Snyder and Sarah A. Snyder, his wife, by Deed dated 4114/92 and recorded 6/26/97 in the County of Cumberland in Record Deed Book 160, Page 11 conveyed unto Edward W. Orth and Arlene Orth, his wife. AND THE said Arlene Orth and Edward W. Orth, Sr., were divorced from the bonds of matrimony in Docket 1997-6333 on 3/812000. AND ALSO being the same premises which Edward W. Orth and Arlene thth, his wife, by Deed dated 2/24/2000 and recorded 2129/2000 in the County of Cumberland in Record Book 216, Page 944 conveyed unto Arlene Orth. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. f 'A r ^ 0 isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 NOTARIAL SEAL - LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 FW AL WT *ALR NO. 60 Writ No. 2002-5563 Civil Mortgage Electronic Registration Systems, Inc. VS. Edward W. Orth and Arlene Orth Atty.: Frank Federman ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected situ- ate in the Borough of Lemoyne, County of Cumberland and Com- monwealth of Pennsylvania, more particularly bounded and described as follows, to wit, in accordance with survey of Ernest J. Walker, Regis- tered Professional Engineer, dated the 24th day of May, A.D., 1967: BEGINNING at a point on the southwesterly line of Bosler Avenue, which point is 55 feet westwardly of the westerly line of Cherry Ave- nue; thence extending South 38 de- grees, East 150 feet to a point on the northeasterly line of Apple Aligy; thence exteendmg aiteng the same South 52 degrees, West 54 feet to a point; thence extending North 38 degrees adest 150 feet to a point on the southeasterly line of Bosler Ave- nue North 52 degrees East 54 feet to the point of BEGINNING. HAVING THEREON erected half of a double three story frame dwell- ing being known and numbered as 208 Bosler Avenue. BEING KNOWN AS 208 BOSLER AVENUE, LEMOYNE, PA 17043. TAX PARCEL #12-21-0265-298, TITLE TO SAID PREMISES IS VESTED IN Arlene Orth by reason of the following: BEING THE SAME premises which James W. Snyder and Sarah A. Snyder, his wife by Deed dated 4/14/92 and recorded 6/26/97 in the County of Cumberland in Record Deed Book 160, Page 11 conveyed unto Edward W. Orth and Arlene Orth, his wife. AND THE SAID Arlene Orth and Edward W. Orth, Sr., were divorced from the bonds of matrimony in Docket 1997-6333 on 3/8/12000. AND ALSO BEING THE SAME premises which Edward W. Orth and Arlene Orth, his wife by Deed dated 2/24/2000 and recorded 2/ 29/2000 in the County of Cumber- land in Record Book 216, Page 944 conveyed unto Arlene Orth. FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION Edward W. Orth Arlene Orth NO. 02-05563 CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of June 14, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 25, 2004. Edward W. Orth Arlene Orth 208 Bosler Avenue, Lemoyne, PA 17043 FEDERMAN AND PHELAN, LL.L?.P By:. Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: May 25, 2004 rT f S. ri, _ Y?