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Home My WebLink About03-0161FEDERMANA/gD 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 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, vs. Warren P. Merkel Debra J. Merkel INC. AND NOW, this -- r' Plaintiff's Motion to Make Rule ~.bsolute, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-161-CV ORDER day of ~,,~ 2004, upon consideration of it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount Decentber 1, 2002 through June 9, Per Diem $28.47 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit TOTAL 2004 121,927.42 15,579.63 192.43 1,800.00 1,517.00 1,500.00 24.50 98.06 45.00 (0.00) 0.00 0.00 4,071.12 $146,755.16 Plus interest per diem from June 9, 2004 through Date of Sale percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS A~D COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. at six (6%) FEDERMAND2gD 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. Warren P. Merkel Debra J. Merkel ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-161-CV MOTION TO MAKE RULE ~BSOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on April 23, 2004 and Rule was entered upon Defendant(s) Warren P. Merkel Debra J. Merkel on April 30, 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of May 27, 2004 . WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. ~iel G. Schmieg, Esqui/r~/ Attorney for Plaintif~/ V~RIFICATION 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 Motion to Make Rule Absolute 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. DATE: June 1, 2004 [rff~l G. ~chmieg, Attorney for Plaintiff~-~ Exhibit A FEDERMANAND 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 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs, ,: CIVIL DIVISION Warren P. Merkel Debra J. Merkel : NO. 03-161-CV RULE AND NOW, this ~0~ day of ~ upon Warren P. Merkel Debra J, Merkel, Defendant(s) to show cause attached Order for Reassessment of Damages should not be entered. 2004, a Rule is entered why the BY THE COURT: tRUE COPY FROM RECORO ~n Testimony whereof, I here unto set my hafld Exhibit B FEDE~AND PR]ELAN, 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, ATTORNEY FOR PLAINTIFF vs. Warren P. Merkel Debra J. Merkel CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-161-CV CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of May 27, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 7, 2004. Warren P. Merkel Debra J. Merkel 371 Bob Cat Road, Newville, PA 17241 ATTORNEY FILE COPy Date: May 7, 2004 Attorney for Plai~ziff FE,,D~AN ANi,) PI-lEI. AN ATTORNEY FILE COFY PI FARI: I~I:T! 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 WARREN P. MERKEL DEBRA J. MERKEL 371 BOB CAT ROAD NEWVILLE, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. CDMBEK~AND COUNTY Defendant(s) 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 #: 0104154109 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 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: AURORA LOAN SERVICES, INC. 601 5TH AVENUE SCOTTSBLUFF, NE 69361 The name(s) and last known address(es) of the Defendant(s) are: WARREN P. MERKEL DEBRA J. MERKEL 371 BOB CAT ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/31/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1646, Page 18. By Assignment of Mortgage recorded 3/8/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 685, Page 1631. 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 08/01/2002 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. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2002 through 01/09/2003 (Per Diem $28.47) Attorney's Fees Cumulative Late Charges 10/13/2000 to 01/09/2003 Cost of Suit and Title Search Subtotal $122,376.60 5,494.71 1,250.00 192.43 $ 550.00 $129,863.74 Escrow Credit 0.00 Deficit 1,406.80 Subtotal $ 1,406.80 TOTAL $131,270.54 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. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $131,270.54, together with interest from 01/09/2003 at the rate of $28.47 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. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN tract of land situate irt Upper Frankfc~rcJ Tc;~vr~ship, Cumberland Court{y, Pen.nsyivanta, bounded and cieacrrOed as follows: BEGINNIN~ at a Point on the line ot la, ds n~v or fomlerly of Claire ChronJs£er, which point ts al~o at the ~tersectJon ~'~rawith, of the line of lands previously conveyed to Melvin F. C~u'o~l~ter;, thence e/eno saicl Iar~ds n~w or formerly ef~he said Melvin F. Chror~ster a~ld Geo~le W. Paulus, North 40 clegrees 1.5 minutes West, 353.2 Ireet, more or Ieee, lo [he lirla of larid~, now o~' formerly of' Leslie M. Singer and Mildred A. Singer, his wife: [hence ~:ng lancls now or formerly of the said Leslie M. Singer and Mildred A. Singer, his Wife, North ~ degTeee 1S minutes E~t, 274 feet, more or les-, to a stake at Ihe line of lartde now or formerly of Linchenl~erger: thence along [ands now c~r formerly' of the said IJnchenbe~,~r, South 40 degrees 45 minutes East, 122 I'eet. moro or less, to a strike; thence along the same, North 28 degrees East, 3G0 feet to a stake at the line of lancls ~low or formerly of Harry Kellec, thence South 47 degrees :30 nlfnutes East, 260 fee( to e slone at the ine of ~ands now - or 1ormerly of C~a re Chronister; thence SOuth 35 ~egrees 45 minutes West 578 feet, more c~r less, ~o a point at intersection with the line of lencts now or fen'n, erly of Melvin F. Chrc3n[ster, me Place of BEG]NNING. ?P-J~];SES ON: 371 BOB CAT ROAD V~ERLFICATION FR-,&NrCIS S. HALLINAN-, ESQ~iRE hereby states that he is attorney for Plaintiffin this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained with/n the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiffas soon as it is received by counsel. The undersig-ned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00161 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGIS SYS VS MERKEL WARREN P ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MERKEL WARREN P the DEFENDANT , at 1305:00 HOURS, on the 13th day of January at 371 BOBCAT ROAD NEWVILLE, PA 17241 by handing to DEBP~A J MERKEL, WIFE a true and attested copy of COMPLAINT - MORT FORE together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this /~ ~ day of kiz,~,~ ~.~ A.D. / P~rothonot ary So Answers: o /14/ 0o3 FEDERMAN & PHELA~Z~/ ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-00161 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGIS SYS VS MERKEL WARREN P ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MERKEL DEBP~A J the DEFENDANT , at 1305:00 HOURS, on the 13th day of January at 371 BOBCAT ROAD NEWVILLE, PA 17241 by handing to DEBPJt J MERKEL a true and attested copy of COMPLAINT - MORT FORE together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ day of ~ ~7 j2~.~ A.D. /t~rotH~notary , ~/~ So Answers: R. Thomas Kline FEDERMAN By: Deputy Sheriff .,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 8201 GREENSBORO DRIVE, SUITE 350 : COURT OF COMMON PLEAS MCLEAN, VA 22102 : : CIVIL DIVISION Plaintiff, : v. : NO. 03-161 CIVIL : WARREN P. MERKEL : DEBRA J. MERKEL : 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 WARREN P. MERKEL and DEBRA J. MERKEL, Defendant(s) for failure to file an Answer to Plaintiffs 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 1/9/03 to 2/18/03 TOTAL $131,270.54 $ 1,167.27 $132,437.81 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. ~'RANK FEDI~RMAN, ESQ~UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT;~X~ DATE: 2-d_l~ O~ PRO PROTHY Identification No. 12248 i-617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215'~ 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, Plaintiff VS. INC. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY WARREN P. MERKEL DEBRA J. MERKEL : NO. 03-161 CIVIL TERM Defendant (s) TO: WARREN P. ~ERKEL 371 BOB CAT ROAD NEWVlLLE, PA 17241 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 coLn, A ASSOC T. 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ' ..... ~'n~ Federman, Esquire Attorney for Plaintiff Identification No. 12248 1677 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 56:t-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY WARREN P. MERKEL DEBRA J. MERKEL : NO. 03-161 CIVIL TERM Defendant (s) TO: DEBRA J. M~RKEL 371 BOB CAT ROAD NEWVlLLE, PA 17241 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 [ J'" '~ *,' '~' i "~. CARLISLE, PA 17013 (717) 249-3166 .' Frank Fe~Ferman, Esquire Attorney for Plaintiff 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 Plaintiff, WARREN P. MERKEL DEBRA J. MERKEL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-161 CIVIL VERIFICATION OF NON-MII.ITARY 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 WARREN P. MERKEL is over 18 years of age and resides at, 371 BOB CAT ROAD, NEWVILLE, PA 17241. (c) that defendant DEBRA J. MERKEL is over 18 years of age, and resides at, 371 BOB CAT ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. JFRX_N~ FEI~R~Ak, ESQUII~E Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. WARREN P. MERKEL DEBRA J. MERKEL Defendant(s). No. 03-161 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest fi.om 2/19/03 to 6/11/03 (per diem -$21.77) TOTAL $132,437.81 $ 2,460.01 and Costs $134,897.82 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract of [an~ sl[uate In Upper Frankford T~wnsh[p, Cumberland C~[y, Pen~iv~i& bound~ and d~ed as follows: BEGINNING at a po~ on ~e line ot I~ds n~ ~ to~e~y ~ Claire Chmnlstet, whi~ ~int is a~ at ~e ~on ~e~ ~ ~e line of l~ds pr~{ously ~ed to Melvin F. ~i~ ~e~ along ~id I~ ~ =~ f~Y =f ~e ~[d Marvin F. Chm~st~ ~d ~e W. Pa~, No~ 40 ~a~e~ 15 ~tes Wes~ 353.2 f~t, ~e ~ l~e, 10 ~e I~e ~ ~ n~w ~ ~Y ~ L~ M. Singer ~d Mild~ Si~et, his ~fe; ~ ~g l~ds now e~ fo~e~ of t~ ~id ~slle M. Sln~r and Mil~d ~ Sl~, ~s ~fe, No~ ~ d~ea 15 mJ~ut~ E~, 274 f~ m~s to a sta~e ~ t~ I!~ of I~ ~ ~ fo~ly ~ L~~gec ~e~ a{~g [ands n~ ~ f~e~y of ~e sal~ Un~enb~, Sou~ 40 d~r~s 45 minutes East, 122 feeC ~ or less, to a stye; ~ a{ong the ~, No~ 28 degrees E~t, ~ a ~e at ~e tine ~ lan~ ~ ~ fo~etly ~ H~ KelleC [hen~ 5ou~ 47 ~ mi~ut~ ~ ~0 f~{ to a siena ~ ~e ~ine of [~s ~ or fo~e~ of Ctaire Chr~i~q ~an~ ~ 35 d~rees ~ minutes W~t ~8 teat, more ot le~, ~ a point at Inte~ wl~ ~e line ~ I~s n~ or f~y ~ ~lvin F. Cht~i~eC, ~e Place of BEGINNING- BEING KNOWN AS 371 BOB CAT ROAD, NEWVILLE, PA 17241. TAX PARCEL # 04-0385-040 TITLE TO SAID PREMISES IS _V_ESTE]~ ~ Warren P. Merkel and Debra 1. Merkel, husband and wife by Deed from Yolm A. Romanchock and Deborah J. Romanchock, his wife dated I0/12/2000 and recorded 10/18/2000, in Deed Book 231, Page 713. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-161 Civil COUNTY OF CUMBERLAND) 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 (1) (2) of WARREN P. and DEBRA J. MERKEL, 371 BOB CAT ROAD, NEWVILLE PA . 17241. You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 371 BOB CAT ROAD, NEWVILLE PA 17241. (SEE ATTACHED LEGAL DESCRIPTION). You are also directed to attach the property of the defendant(s) not levied upon in the possession 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 $132,437.81 Interest 2/19/03 TO 6/11/03 ~ $21.77 per diem Atty's Comm % Arty Paid $132.21 Plaintiff Paid L.L. $.50 $2,460.01 Due Prothy $1.00 Other Costs Date: 2/21/03 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Protho~ CURTIS R. LONG 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. Vo Plaintiff, WARREN P. MERKEL DEBRA J. MERKEL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-161 CIVIL 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. RANK FE-~ERMAN, ESQUIRE omey for Plaintiff MORTGAGE ELECTRONIC REGISTRATION sYSTEMS, INC. Plaintiff, ¥. wAgON P' MERKEL DEBRA J' MERKEL Defendant(s). cuMBERLAND coUNTY coURT OF coMMON PLEAS cIVIL DIVISION NO. 03-161 cML AFFIDAVIT pURSUANT TO RULE 3129 (Affidavit No. 1) GISTRATION 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 371 BOB CAT RoAD NEWVILLE PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): (if address cannot be Last Known Address Name reasonably ascertained, please indicate) wARREN P. MERKEL 371 BOB CAT ROAD NEWVILLE, PA 17241 DEBRA J. MERKEL 371 BOB CAT ROAD NEWVILLE, PA 17241 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: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) NOlle 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 371 BOB CAT ROAD NEWVILLE, PA 17241 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. February 12, 2003 DATE ]~RANK FE~ERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELILC~ROI~IlC REGISTRATION S/STEMS, flOC. l, laiatili, De~end~t~s)' CIyMI;I;P. LAND COL 'P/ I4o. O3A-61 CIVIL February 12, 2003 DI;I RA J. wARREN P' MERKEL 3'/1 BOB CAT RO~ TO: 351 BOB CAT RO~ NE~LLE, ~~LLE, PA 17241 **THIS FI~ IS A DEBT co~ECTOR A~PTING TO COLLECT A DEBT AND A~INFO~O~o BE OaT gD USgD FOR THAT pU OSg' tOO B~UPTCY AND ~lS DEBT WAS NOT ~AFFI~ED, ~IS IS NOT AND SHOU~ NOT BI CONSTRUED BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROaRt.** AN A~EMPT TO COLLECT A DEBT, ~is scheduled to be in the Cumberland CounW Coughouse, South H~ove~ Y o~ ho~e (real estate) at of ~ obtained by MORTGAGE sold at ~e Sheriffs Sale on ~ at 10:00 a.m. Cglisle, PA 17013, to enforce the co~ jud~ent mog agee) agMnst ~u. S~eet, ..... ~,ew~TION sYSTEM~ ~ (thy- in cff~li~ce with Pa.K.C.P., Rule 3129.3 ELECTRO~L ~=~ ____. ,,~;u e made at sma sa~ ..... sale is co~tm~eu, mt ' NOTICE OF o~ER'S ~GHTS YOU MAY BE ~LE TO p~VE~ THIS SHEd'S SALE To prevent this Sheriffs Sale, you must t~e ~mmediate actionA 1. ~e sale will be c~celled if you pay to the mo~gagee the back pa~ents, late chgges, costs ~d re~onable attorney's fees due. To find out how much you must pay, you ma call: 2. You may be able to stop the sale by filing a petition asking the Co~ to strike or open judger, if~e jud~ent was improperly entered. You may also ask ~e Co~ to postpone ~e sMe for good cause. 3. You may also be able to stop ~e sale ~ou~ o~er legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chan 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 Sheriff's 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 Sheriffthe 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 CERTAIN tract of [sru~ situate tn Upper Frankford Township, Cumberland County. Pennsylvanl~ bounded and described as follow1: BEGINNING et a point on the line of lands nmv ~ lom3etly of Claire Chn3nlster, which i~tnt Ls also at th$ Intersection therewith of tho l~no of lands pr~iously conveyed to Melvin F. ClYoflizstar;. thence along said lands new or formerly of the said Melvin Chronlstot and Geese W. Peulu~ Noflh 40 clegraes 15 minutes West, 353.2 feet. rrmreor Ieee, to ~e line of lancls nt3w or fenmtrly c~ I. eslio la. Singer anti Mildred A. Sijlgol', his wife; thutlce along lands now ~' fermerly of lbo said Leslie NL Singer and Madmd A. Singer, l~is wife. North 54 de.u,=. 15 mifi'uMs East. 274 foot, mom oF to a atalce at the line of lnrcls now or formerly of Linchen~ergaC. thence al~flg lands now cr formerly of the said Unchenbe~1~r, South 40 degrees 45 mirtuto$ East, 122 feet, mom or less, to a stake, thence along the same, North 28 degrees East, 30(3 feet to u stake at trio line of lands flow ~' formerly of Harry Keller:, thence South 47 degrees 30 nlJllutes F. est, 260 Met to a slum at the line of lands now or formerly c~ Claire ~ Chmnister; thence South 35 (tegmee 45 minutes West 578 feet, mere {31' less, ~ a point -'et tntersecticm with tho line c~ lands now or fc~.mefl¥ of Melvin F. C~n[stor, the Place of BEGINNING. BEING KNOWN AS 371 BOB CAT ROAD, NEWVILLE, PA 17241. TAX PARCEL # 04-0385-040 TITLE TO SAID PREMISF..S I$ VES~ ~ Warren P. Merkcl and DWom J. Merkcl, husband and wife by Deed fxom John A. Romanchock and Deborah J. Romanchock, his wife dated 10/12/2000 and recordc-d 10/18/2000, in Deed Book 231, Page 713. FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. WARREN P. MERKEL DEBRA J. MERKEL Plaintiff : : Vs. : Defendant(s) : COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 03-161-CV SUGGESTION OF RECORD CHANGE RE: pARAGRAPH//3 OF THE COMPI,AINT IN MORTGAGE FORECI,OSIIRE TO TI4F~ PROTHONOTARY: FRANK FEDERMAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the information in paragraph//3 of the Complaint in Mortgage Foreclosure is: On 10/13/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1646, Page 18. By Assignment of Mortgage recorded 03/08/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 685, page 1631. Kindly change the information on the docket. Date: March 19, 2003 Frank Federman, Esquire Attomey for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, WARREN P. MERKEL DEBRA J. MERKEL Defendant(s). : No. 03-161-CV TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest fi.om 2/22/03-6/9/04 (per diem -$21.77) TOTAL $132,437.81 · $10,318.98 and Costs $142,756.79 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. ALt.. THAT CERTAIN tract af land sliuate in Upper Frankf,~rd Tc~vnsh[p, Cumberland Cm.mt¥, Penr~ylvanla, ioou~ded ,=nd described a,= follows: BEGINNING at a point on the line of lands now ~ ~o~etly ~ Cie{re Chmnis~t, ~i~ ~lnt ~ a~ at ~e ~on ~ ~ ~e line ~f [~d= p~{o~ly ~ed ta Melvin F. ~ ~a~ at~ ~ld I~ ~ or f~dy of ~e ~id Melvin F. Chm~st~ ~d ~e W. P~, N~ 40 ~e~e~ 15 ~ms Wes~ 353.2 f~t, ~e ~ I~ Iff ~e I~ ~ ~ now ~ ~ ~ L~ M. Singer ~d M~ ~ Si~et, hie ~fa; ~ ~g l~ds n~ ~ f=~ of t~ ~ld ~slle M. S[n~r and ~ a $~ke ~ ~ line of I~ n~ ~ ~[y ~ L~ge~ ~e~ ai~g lands n~ ~ ~e~y ~ ~e sel~ Un~enb~, ~u~ 4Q d~r~s 45 minutes East, 122 fee~ ~ or less, ~ a ~ ~ el~ ~e ~, ~ 28 deg~es E~ 3~ f~t W a ~e ~ ~ line ~ lan~ ~ ~ focally ~ H~ ~l[a~ (hen~ Sou~ ~ degrees ~ ml~ ~ ~ f~ to a slo~ ~ ~a llne of I~ ~ ar fo~e~ of Claire .~i~ ~a~ ~ 35 ~r~s ~ minu~s W~t ~5 feet, more or le~, ~ a ~oint -et In~ ~1~ ~e line ~l~s n~ or f~y ~MeMn F. Chorister, ~e Place ~ BEGINNING. BEING KNOWN AS 371 BOB CAT ROAD, NEWV1LLE, PA 17241. TAX PARCEL # 04-0385-040 TITLE TO SAID PREMISF~S IS VESTED IN Wan'el1 P. Merkel and Debra ./. Merkc[, husband /md wife by Deed from Iohn A. Ro~anchock and Debor, th J. Romaachock, his wife dated 1011212000 and recorded ~0/18/2000, in Deed Book 231, Page 713. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03~161 Civil COUNTY OF CUMBERLAND) 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 WARREN P MERKEL DEBRA J MERKEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) (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 $132,437.81 L.L. Interest 2/22/03-6/09/04 (PER DIEM -$21.77) $10,318.98 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $ 662.94 Plaintiff Paid Date: MARCH 9, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE Other Costs CURTIS R. LONG Prothonotary By: %x_ ~, ')gq.~L~-o~ Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Snpreme Court ID No. 12248 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, Vo WARREN P. MERKEL DEBRA J. MERKEL Defendant(s). TO: WARREN P. MERKEL 371 BOB CAT ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 03-161-CV March 5, 2004 DEBRA J. MERKEL 371 BOB CAT ROAD NEWVILLE, PA 17241 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY1NFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY. ** Your house (real estate) at, 371 BOB CAT ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriff's 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 $132,437.81 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 Sheriff's 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. 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 Sheriffthe 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 Sheriffwithin 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 Sheriffwithin 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 CERTAIN b-act af land sRuale in Upper F~ankfard Townsh¥, CumbeHand County, penrl~lvania, boLmded end described as followa: BEGINNING at a point on the [ina of lands n~w ~ formerly of Claire Chmnlster, which Melvin F. ~l~e~ ~e~ al~ ~ld I~ ~ ar f~Hy of~ ~[d Melvin F. Chm~st~ ~d ~e W. P~ N~ 40 ~ 15 ~s Wes~ 353.2 ~ ~ I~e, Ia ~e I~e ~ ~s ~ ~ ~Hy ~ L~ M. Sl~er ~d Mildred S~, his ~fe; ~ ~g l~ds n~ ~ fo~ ~ I~ ~ld ~slle M. Singer and ~ a s~e ~ t~ fine ~ I~ ~ ~ f~[y ~ L~gac ~e~ a~g ~ands ~ ~ ~a~y ef ~e ~ld Un~enb~, ~ 40 d~r~s 45 minu~s East, 122 ~ a ~e ~ ~e line ~ lan~ ~ ~ fe~e~y ~ H~ ~lle~ ~en~ Sou~ ~ degrees ~ ml~ ~ ~ f~ to a sln~ ~ ~e line of I~s n~ er f~e~ ~ Ctaire 'at I~e~ wl~ ~e li~ ~l~s n~ or f~y ~l~n F. Chr~ister, ~e Place ~f BEGINNING. BEING KNOWN AS 371 BOB CAT ROAD, NEWVILLE, PA 17241. TAX PARCEL # 04-0385-040 TITLE TO SAID PREMISES I$ VESTED IN Warren P. Merkel and Debra J. Merkel, husband and wife by Deed fi.om ,tohn A. Romanchock and Deborah J. Romanchock, his wife dated 10/12/2000 and recorded 10/18/2000, in Deed Book 231, Page 713. 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, WARREN P. MERKEL DEBRA J. MERKEL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-161-CV CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (x) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQU1RE Attorney for Plaintiff IN ..~E UNITED STATES BANKRUPTCY C JRT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Debra Jean Merkel a/k/a Debra J. Merkel Warren Paul Merkel a/k/a Warren Merkei Debtors Mortgage Electronic Registration Systems, Inc. Movant Debra Jean Merkel a/k/a Debra J. Merkel Warren Paul Merkel a/k/aWarrenMerkel Respondents oioql Bk. No. 103-02621-MDF Chapter No. 13 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY AND NOW, this / ~day of aS Cf ~n ~ ~ 'K, 2003, upon Motion of Mortgage Electronic Registration Systems, Inc., (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under §362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 371 Bob Cat Road, Newville, PA 17241, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises and 'ORDERED that Rule 4001(a)(3) i~ not al~lioab~ and lx4n~g~g~' ~lectronic Registration System~, Inc. may L,anodiatoly enforec nad i.,gtc..cnt ~i~ Order granting relief from the aut~mafio stay. U.S. Bankruptcy Judge CC: Judith T. Romano, Esquire One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 Charles J. DeHart, III, Esquire (Trustee) P.O. Box 410 Hummelstown, PA 17036 Lee Eric Oesterling, Esquire 42 East Main Street Mechanicsburg, PA 17055 Debra Jean Merkel Warren Paul Merkel 371 Bobcat Road Newville, PA 17241 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, WARREN P. MERKEL DEBRA J. MERKEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-161-CV 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 Praecipc for the Writ of Execution was filed the following information concerning the real property located at, 371 BOB CAT ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WARREN P. MERKEL 371 BOB CAT ROAD NEWVILLE, PA 17241 DEBRA J. MERKEL 371 BOB CAT ROAD NEWVILLE, PA 17241 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: Nalne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Nalne 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. Nallle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 371 BOB CAT ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare 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 5. 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. WARREN P. MERKEL DEBRA J. MERKEL ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 03-161 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COIVIMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: 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 Sheriff's 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 $ 00.900 377 ~I~ c? 9~ 2004 AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) WARREN P. MERKEL DEBRA J. MERKEL SERVE WARREN P. MERKEL AT 371 BOB CAT ROAD NEWV1LLE, PA 17241 CUMBERLAND COUNTY PJT No. 03-161-CV ACCT. #56519 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 ~ Served and made known to ~'Mltd~ ~) V at q,~V(-.o , o'clock~.m., at ~.~ ?// Other: Description: Age SERVED (, , oefendan on the /,9 dayof/ /;' ,200 , of Permsylvania, irt the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult hi charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of hidging in which Defendant(s) res/de(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. 67 ii Height t/ Weight ~ Race /~ Sex ~ Other , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner ae tot ~rth herein, issued in the captioned case on the date and at the address indicated above, i Notarial Seal I RObelf D. StalJffer, Jr.,N~atY I~l:l#~ ~w n' u~ i' ~ omtoa as oscroeo before me this I~ day ~-PLEASE ATTEMPT ,~yER¥ICE AT LEA~T 3 ~I~ IN~ICAT~ ~AT~8 & TI~8 OF 8~R~IC[ ~T~I~, NOT SERVED '( On the day of ,200__, at X~' Moved Unknown No Answer '{"'1't Attempt: / / Time: : X,3rd Attempt: / / Time: : o'clock __.m., Defendant NOT FOUND because: Vacant 2'a Attempt: / / Time: Sworn to and subscribed before me this __ day of ,200 _. ~ Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) ~- WARKEN P. ~n~RKEL ~ DEBRA J. MERKEL ~ SERVE WARREN P. MERKEL AT 371 BOB CAT ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY PJT No. 03-161-CV ACCT. #56519 Type of Action o Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 SERVED ~Servedandmadeknownto~C~ ~ ~ ~'~k-~ ,Defendant, anthe ~ dayof/~,~/~t ,200~,' '4 at t~,~/0 , o'clock~.m., at 3'~/ ,~e2~ ~/2.~y~ J~IEQ~ ~t,~O'! / Ya'O,'~,J , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. family member with whom Defendant(s) reside(s). Relationship is ~TAdult Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodg/ng in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: ~[ Description: Age a true and correct copy of the Notice of Sh,.r;¢~'~-' in th~ manner as let forth h~}rein, issued itNa~7~i~ned case on t~e date and at the address indicatec~ above. Sworn to and subscribed ~E ATTEMP~CE AT LEA~ 3 TIMES. INDICATE DATES & TIMES OF SER~CE ATTEMPTED. Height6'~/'t Weight~(a-~ Race ~j Sex /~ Other competent adult, being duly sworn according to law, depose and state that I personally handed ~(On the _____ Moved 1st Attempt: ~3rd Attempt: Sworn to and subscribed before me this ___ day of ,200 _. Notary: day of ,200__, at Unknown No Answer / / Time: : / / Time: : NOT SERVED o'clock __,m., Defendant NOT FOUND because: Vacant ~2"d Attempt: / / Time: By: '~' Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 FEDERMANAND 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 ATTOrnEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Warren P. Merkel Debra J. Merkel : CIVIL DIVISION : NO. 03-161-CV PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon Warren P. Merkel Debra J. Merkel, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND 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 ATTOPJ~EY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC. : Warren P. Merkel Debra J. Merkel : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-161-CV 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 April 22, 2004. Warren P. Merkel Debra J. Merkel 371 Bob Cat Road, Newville, PA 17241 DATE: April 22, 2004 By: F~ AN~ELAN, L.L.P. Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (2~5) 563-7000 Mortgage Electronic Registration Systems, INC. vs. Warren P. Merkel Debra J. Merkel ATTOPd~EY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-161-CV PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES 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 21, 2003 in the amount of 132,437.81. 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 (#1-03-02621) on May 1, 2003. Relief was Granted by order of court dated December 18, 2003. The mortgaged premises are listed[ for Sheriff's 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 December 1, 2002 through June 9, Per Diem $28.47 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit 2004 121,927.42 15,579.63 192.43 1,800.00 1,517.00 1,500.00 24.50 98.06 45.00 (0.00) 0.00 0.00 4~071.12 TOTAL $146,755.16 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1646), Page (#18), Plaintiff is entitled to judgment 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. Bye' P' Daniel G. Schmieg, Esquire Attorney for Plaintiff -2- FEDERMANAND PHELAN, LLP. by: Daniel Go 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. Warren P. Merkel Debra J. Merkel ATTOP~;EY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-161-CV BRIEF OF LAW IN SUPPORT OF pT~TNTIFF' S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant(s) Agreement, wherein Defendant(s) entered into a Promissory Note and Mortgage 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 judicia, Defendant(s) failed[ to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that cure the default and bring the loan current, Foreclosure Action. Judgment was subsequently entered by the Court, is scheduled for Sheriff's Sale. Defendant(s) were not going to Plaintiff commenced a Mortgage and the subject property 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. A~GUM~ITr 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..." In the instant case, 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 chargea~Dle. 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, SteDhenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqa~e Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super 1988). In Chase Home Mortqaqe, 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 move the court to amend the judgment to add additional sums due by virtue if the 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 See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 the property. (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 Pao 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. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (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, an unreported case a copy of which is attached i~ereto, since the charges enumerated in Plaintiff's Motion for 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 PHI LA. 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 understandin9 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. FEDERMAN ~ P~{ELAN, L.L.P. D~iel G. Schmieg, Esqu. ire Attorney for Plaintiff C~U..= O? CG~-~.O~ PLEAS 2H -- L'-.O~_2 :l !A C'--VZL TRi~L Ol~ OR~-i~ A~O day Of F~dera~ fur Reconsideraui¢)n ~unc ~rc ~anc cf of' Defendants, Joseph Jefferson and Resi:: ~effe_-=om, ~t is here~.v'ORDE~-~D and DE~-~-2~ ax - fo! !o~s; [ I ~ED and ~.tai~=.~ ~' ~o~:or R-ea~sessment. of Oa~q~s i~ ]) Jd~nt La ~r~y increased to S6,t4~.Tt. Becau~e'Y:_~iatiff was r~q~,'ired to accept cuc_~ant mor~gaqe payments upofi ~he f~ting of.Defendant' bankrup=~ jud~at.by defau{~ ~as- enter~ L~ ~is act!ea. Because ~fend~n~ have not refuted ~he speckle' am~n~ 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. FEDERMANAND PHE~N, L.L.P. DATE: April 22, 2004 By: ~ ~ ~ Daniel G. Schmieg, Esqnire Attorney for Plaintiff FEDERMANAigD 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. Warren P. Merkel Debra J. Merkel ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-161-CV RULE AND NOW, this ~ ~ day of ~ 2004, a Rule is entered upon Warren P. Merkel Debra J. Merkel, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY THE COURT: 6g ~lll,4V g- ,LV~4~IOOZ 7~tONOHIO~ ~RL ~0 FEDERMANAND PHELAi~, 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. Warren P. Merkel Debra J. Merkel ATTOR/~EY FOR PLAINTIFF CUMBERLAND COUNTY ,COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-161-CV CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of May 27, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 7, 2004. Warren P. Merkel Debra J. Merkel 371 Bob Cat Road, Newville, PA 17241 Date: May 7, 2004 ~nieI G. Schmieg, Attorney for Plai~iff FEDERMAND2qD 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. Warren P. Merkel Debra J. Merkel ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-161-CV LOTION TO ~ R%-LE ABSOLUTE April 23, J. Merkel on April should not be entered. as Exhibit A. 3. The Rule Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: That it is the Plaintiff in this action. A Petition for Reassessment of Damages was filed with the Court on 2004 and Rule was entered upon Defendant(s) Warren p. Merkel Debra 30, 2004 to show cause why the Order for Reassessment A true and correct copy of the Rule is attached hereto to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of May 27~ 2004 . WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. ~ 7 Schmieg,--Esqui~'-/ Attorney for Plaintif~_,~/ VERIFICATION Daniel G. Schmleg, 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 Motion to Make Rule Absolute 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. DATE: June 1, 2004 Attorney for Plaintiff~,,/ FEDERMANAND 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 ATTOrnEy FOR PLAINTIFF Mortgage Electronic Registration Systems, vs. Warren P. Merkel Debra J. Merkel INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : NO. 03-161-CV AND NOW, this -~O~ day of ~ , 2004, a Rule is entered upon Warren p. Merkel Debra J. Merkel, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not: be entered. BY THE COURT: tRUE! COPy FROM m Te~llme~y w~ereef, I here m~to FEDERMANAND 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 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, vs. Warren P. Merkel Debra J. Merkel CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-161-CV CERTIFICATION OF SERVIOF I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of May 27, 2004 and a copy of Plaintiff,s Petition for Reassessment of Damages have been sent to the individuals indicated below on May 7, 2004. Warren p. Merkel Debra J. Merkel 371 Bob Cat Road, Newville, PA 17241 Date: May 7, 2004 ATTORNEy FILE COPy .~Z.nie~ G. Schmie~, J~ire Attorney for Plai~f{ FEDEI:IMAN AND PI'lEI.AN ATTORNEY FlUE COPY Mortgage Electronic Registration Systems, In The Court of Common Pleas of Inc. Cumberland County, Pennsylvania VS Writ No. 2003-161 Civil Term Warren P. Merkel and Debra J. Merkel R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 15.12 Posting Handbills 15.00 Advertising 15.00 Law Library Prothonotary 1.00 Levy 15.00 Mileage 12.42 Surcharge 30.00 Postpone Sale 20.00 Law Journal 297.95 Patriot News 290.20 Share of Bills 29.26 $770.95 Sworn and subscribed to before me So Answers: This JO 2004' A'D'~"J~'~- tf'~ ')~-q, ~ByR' Thomas Kline,jo6~q,~'~r'~Sheriff Prothonotary Real Es~te Deputy l.Crt> MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, WARREN P. MERKEL DEBRA J. MERKEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-161-CV 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, 371 BOB CAT ROAD, NEWV1LLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WARREN P. MERKEL 371 BOB CAT ROAD NEWVILLE, PA 17241 DEBRA J. MERKEL 371 BOB CAT ROAD NEWVILLE, PA 17241 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded hol~ler 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. Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 371 BOB CAT ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare 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 5, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, WARREN P. MERKEL DEBRA J. MERKEL Defendant(s). TO: WARREN P. MERKEL 371 BOB CAT ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 03-161-CV March 5, 2004 DEBRA J. MERKEL 371 BOB CAT ROAD NEWVILLE, PA 17241 **THIS FIRM IS .4 DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND .4NY INFORM.4 TION OBT/IINED WILL BE USED FOR THai T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED .4 D1SCH.4RGE IN BANKRUPTCY .4ND THIS DEBT W.4S NOT RE~4FFIRMED, THIS IS NOT .4ND SHOULD NOT BE CONSTRUED TO BE AN .4TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT 0F.4 LIEN AGAINST PROPERTY. ** Your house (real estate) at, 371 BOB CAT ROAD, NEWVILLE, PA 17241, 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 $132,437.81 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. 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. lfthe 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 Sheriffthe 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 Sheriffwithin 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 ALt. TI--I~.T CERTAIN tmc~ et I~ situate In Upper I=ran)dorU Tov~'tship, Cumbariand County, Penr~/lvanle, bo~ed and d~m:ribed as follows: BEGINNING at a point on the line ~t' lands n~w ~' formerly ~ Claire C~nlst~, ~i~ fee~ ~ ~ less, ~ .~r~i~q ~n~ ~u~ ~5 ~s ~ mi~tas W~t ~8 ~eet, mare or le~, ~ a paint Qf BEG1NN~G. BEING KNOWN AS 371 BOB CAT ROAD, NEWVILLE, PA 17241. TAX PARCEL # 04-0385-040 TITLE TO SAID PR[~MISF.,S I$ VESTED IN Warren P. Merkel and Debra $. Mcrkcl, husband aad wife by Deed fi'om $ohn A. Romanchock and Deborah ]. Romanchock, his wife dated 10112/2000 and recorded 1011812000, in D~ed Book 231, Page 713. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVA. N;IA') COUNTY OF CUMBERLAND) NO03-161 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 WARREN P MERKEL DEBRA J MERKEL (1) You are directed to levy upon the property o£the defendant (s)and to sell SEE LEGAL (2) DESCRIPTION (2) You are also directed to attach the propen'y of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an at~achraent 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 proper~ of the defendant (s) or otherwise disposing thereof; (3) If pr~perty ~f the defendant(s) n~t levied up~n an subject t~ attachment is f~und in the p~ssessi~n 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 s~ated. Amount Due $132,437.81 L.L. Interest 2/22/03-6/09/04 (PERDIEM -$21.77) $10,318.98 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $ 662.94 Plaintiff Paid Date: MARCH 9, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE Other Costs CURTIS R. LONG Prothon~m~ Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court 1D No. 12248 Real Estate Sale #70 On March I0, 2004 the sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA Known and numbered as 371 Bobcat Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10, 2004 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 Journai, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Joumai, 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. REAL F_~TATE $ALE NO. 70 Writ No. 2003-161 Civil Mortgage Electronic Registration Systems, Inc. VS, Warren P. Merkel and Debra d. Merkel Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in Upper P'rankford Town- ship. Cumberland County, Pennsyl- vmala, bounded end described as follows: BEGINNING at a point on the line of lands now or formerly of Claire Chromster, which point is also at the intersection therewith of the line of lands previously conveyed to Mel- vin F. Chronlster: thence along sad lands now or formerly of the said Melvin F. Chronister and George W. Paulus, North 40 degrees 15 mtn- t:}t~a West, 353.2 feet, more or less, SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 I~1~I~AL SEAL LOIS E, SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 Warren P. Merkel and Debra J, Merkel Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in Upper Frankford Town- si'dp, Cumberland County, pennsyl- vania, bounded end described as follows: BEGINNING at a point on the line of lands now or formerly of Claire Chronister, which point is also at the intersection therewith of the line of lands previously conveyed to Mel- vin F. ChronJster; thence along said lands now or formerly of the said Melvin F. Chronister and George W. Paulus, North 40 degrees 15 min- utes West, 353.2 feet, more or ]ess, to the line of lands now or formerly of Leslie M. Singer and Mildred A. Singer, his wife: thence along lands now or formerly of the said Leslie M. Singer and Mildred A. Singer, his wife, North 54 degrees 15 minutes East, 274 feet, more or less, to a s~ke at the line of lands now or formerly of Linchenberger, thence along lands now or formerly of the said Llnchenberger, South 40 degrees 45 minutes East, 122 feet, more or less, to a stake; thence along the same, North 28 degrees East, 300 feet to a stake at the line of lands now or formerly of Harry Keller; thence South 47 degrees 30 minutes East, 260 feet to a stone at the line of lands now or formerly of Claire ChronJster; thence South 35 degrees 45 minutes West 578 feet, more or less, to a point at intersection with the line of lands now or formerly of Melvin F. Chronister, the Place of BEGINNING. BEING KNOWN AS 371 BOB CAT ROAD, NEWVILLE, PA 17241. TAX PARCEL #04-0385-040. TITLE TO SAID PREMISES IS VESTED IN Warren P. Merkel and Debra J. Merkel, husband and wife by Deed from John A. Romanchock and Deborah J. Romanchock, his wife dated 10/12/2000 and re- corded 10/18/2000, in Deed Book 231, Page 713. SWORN TO AND SUBSCRIBED be£or 30 day of_ APRIL 2004 1~6"~I~AL SEAL ff LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission Expires Mamh 5, 2005 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 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 Co~s Book "M", Volume 14, Page 317. PUBLICATION ................................................... COPY Sworn to and subscribed b~fore~m~his 28th da)/of M/a~004 A.D. S A L E #70 NOTARIAL SEAL Terry L Russell, NotaP/Pub OlyofHarrlsburg, DauphlnCounty I N~T,~RY PUBLIC " J My Commission Exl~res June 6, 2006 J ..... Idember, PenneylvanlaMeo¢latlonolNot&rlea My commission expires June 6, 200~ 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 Total $ 290.20 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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.