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HomeMy WebLinkAbout03-0249FEDERMAN 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 INCORPORATED 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA. 22102 Plaintiff NEIL J. BEAR LOREA G. HOWE 1077-12 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. O3-' 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 WlLL BE USED FOR THAT PURPOSE. 1F 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 #:001552550-4 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 o MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INCORPORATED 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: PRINCIPAL RESIDENTIAL MORTGAGE 711 HIGH STREET DES MOINES, IA 50392-0780 The name(s) and last known address(es) of the Defendant(s) are: NEIL J. BEAR LOREA G. HOWE 1077-12 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/26/01 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CARDINAL FINANCIAL COMPANY, LTD. PARTNERSHIP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1703, Page 467. By Assignment of Mortgage recorded 06/04/02 the mortgage was assigned to PRINCIPAL RESIDENTIAL MORTGAGE 1NCORORATRED which Assignment is recorded in Assignment of Mortgage Book No. 687, Page 3353. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 09/01/2002 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 08/01/2002 through 01/15/2003 (Per Diem $14.02) Attorney's Fees Cumulative Late Charges 04/26/2001 to 01/01/2003 Cost of Suit and Title Search Subtotal $78,711.83 2,355.36 1,250.00 75.75 $ 550.00 $ 82,942.94 Escrow Credit - 92.93 Deficit 0.00 Subtotal $- 92.93 TOTAL $ 82,850.01 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to 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 $ 82,850.01, together with interest from 01/15/2003 at the rate of $14.02 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. FEDE N AND PHE , L By: ./,/~/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attomeys for Plaintiff ALE THAT CERTAIN dwelling Unit situated in Sungufld Condominium, Upper Allen Township, Cllmberland County. Pennsylvania, designs/ed as Unit No. 1077-12, in the Declaration and Dec.laratibn Plans of Sungtfilcl Condominium, dated December 6, 1979 and November 0-9, 1979, respectively, r~:corded December 12, 1979 in Cumberland County Misc. Book 2~9, Page 784, and Plan Book 37, Page 23, respectively, and Amendment to the Dcclarat/on and Declaration Plans of $unguild Condomin/um, both dated February 28, 1986, both recorded March 31:, 1986 in C'2mberland County Misc. Book 315, Page 804, and Plan Book 49, Page 129, resPectively, under the provia/ons of the Unit Property Act of the Commonwealth of Pennsylvania, (Act of July 3, 1963, P.L. No. 196). TOGETHER with all Eight of title and interest of, in and to the Common Elemerlt~ as more fully set forth in the afore.~ aid Declaration of Condomlnh~m and DecLaration Plans, as ~me~ded from time to time. Grantee, for and on behalf of the Grarl~ee and thc Grantee's heirs, personal representatives, successors and assigns, by the acceptanc~ of this Deed, covenants and agrees to pay such charges for the maint~ce of, rep~ir~ to, replacement of and expenses/n connection with the Common Elements a.~ may be assessed from time to time by the Executive Board in accor(~r~de with thc Unit Property Act o[ Pennsylvania; and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that except insofar as Section 705 and 706 of said Urdt Property Act and of applicable Section~ of the Uniform Condaxi/nium Act, ma~ relieve a subsequent Unit Owner of liab/lity for prior unpaid assessments, 2h/s covenant shall run with and bind the land or Unit hereby conveyed and ali subsequent (~vners thereof. Grantee, fbr and on i~;half or thc Grantee and the Grantee's he/rs, personal representatives, ~uceessors and assiglu s, by thc accep~c~ of this Deed, aak~lowledges that this conveyance i~ subject/n every rcspe~:t to the Dec!~eafion, the Declaration P!~n~, Code of Rc~d2tions and all amendments thereto; and the Grantee further acknowledge= that each and every provision of the foregoihg is essential to the best interest and for the benefit of all Unit Owners there/ri. The Grantee and all O ~ners of Un/ts in sa/d Condom~nixlm covenant and agree, as a covenant running with the lmud; to ab/de by each and every provision of sedd documents. BEING known and nt~nbered a~ 1077-12 Lancaster Boulevard, Mechanlc~burg, Pennsylvania, VERIFICATION TRACY MART1N, 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 unswom falsification to authorities. DATE: .. ~~\ ~ ~ \ 1 ~~ / C') C~ ts r-, ` ' ` . ~ .. T i '~ ~Y ~~f'1 ~T i ' ' ~ _'.' ` ~ ` i ~~ ~ ,,.- C ~W ~ i ." ~ `~ !~ ~ '~ ~ r v ~~ SHERIFF'S RETURN - REGULAR ~CASE NO: 2003-00249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HORTGAGE ELECTRONIC REG SYS VS BEAR NEIL J 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 BEAR NEIL J the DEFENDANT , at 1510:00 HOURS, on the 21st day of January at 1077-12 LANCASTER BLVD MECPLANICSBURG, PA 17055 by handing to JOHN P HENRY a true and attested copy of COMPLAINT - MORT FORE , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before mlthis 3~ day of ,2 3oo A.D. So Answers: R. Thomas Kline 01/28/2003 By: y /~- Xe~t~ Sh~ri f f ~ SHERIFF'S RETURN - REGULAR ~ASE NO: 2003-00249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REG SYS VS BEAR NEIL J ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOWE LOREA G the DEFENDANT , at 0953:00 HOURS, on the 28th day of January at 22 I STREET CARLISLE, PA 17013 by handing to LOREA HOWE a true and attested copy of COMPLAINT - MORT FORE 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 19.45 Sworn and Subscribed to before me this ~ I~ day of 01/28/2003 FEDERMAN & PHELAN By: ~ ~/2/ / ~epu~y~rif f FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attprney 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, Vo NEIL J. BEAR LOREA G. HOWE Defendant(s). : NO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 03-249 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against NElL J. BEAR and LOREA G HOWE, 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 Plaintiff's damages as follows: As set forth in Complaint Interest from 1/16/03 to 3/4/03 TOTAL $82,850.01 $672.96 $83,522.97 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. 4-o PRO PROTItY 'FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Idev:tification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (?~1 ~) ~6'4-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY NEIL J. BEAR LOREA G. HOWE : NO. 03-249 Defendant is) TO: NEIL J. BEAR 1077-12 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 DATE OF NOTICE: FEBRUARY 19, 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 NOTICR 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 CLSqB£~ COUNTY BAR ASSOCIATION 2 L~ERTY AVENUE CARLISLE, PA 17013 (7 ! 7) 249-3166 ~rank Federman, Esqdire Attorney for Plaintiff -FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Ideptification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2 ! 5) 56~-7000 Attomey for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. NEIL J. BEAR LOREA G. HOWE : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-249 Defendant TO: LOREA G. HOWE 22 I STREET CARLISLE, PA 17013 DATE OF NOTICE: FEBRUARY 19, 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 NOTICR 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 ASSOCIA~ON 2 LmERTY AVENUE CARLBLE, PA 17013 (717) 249-3166 - 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 NElL J. BEAR LOREA G. HOWE Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-249 VERIFICATION OF NON-MII,ITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey 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 NEIL J. BEAR is over 18 years of age and resides at, 1077-12 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055. (c) that defendant LOREA G. HOWE is over 18 years of age, and resides at, 22 I STREET, CARLISLE, PA 17013. 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION : SYSTEMS, INC. : Plaintiff, : v. : No. 03-249 : NEIL J. BEAR : LOREA G. HOWE : Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/5/03 to 6/11/03 (per diem -$13.73) TOTAL $83,522.97 $1,359.27 and Costs $84,882.24 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. ALL THAT CERTAIN dwclltn& Unit situated in Jungu/ld Condominium. Upper Alien Townahil~, Cumberland County, Pennsylva~/a, deaisnated as Unit No. 1077-15, in the Declaration and Dccla~ttion Plans of Sunl/~ild Condom/rflum, dated Dc~rnber 6, 1979 and November 29, 1979, rcapcctivcly, recorded D~cembcr 12, 1979 in Cumberland County Misc. 13ook 249, Paf~e 784, and Plan Book 37, Page 23, respectively, and Amendment to thc Decl~ration and Declaration Plans of Sun&~t/ld Condominium, both dated February :?~5, 1986, both r~corded March 31, 1986 in Cumberland Cou.qty Misc. ]~ok 315, Page 804, and Plan Book 49, Pa~c 129, respectively, under the prov/~ion~ of thc Urttt Property Act of the Commonwealth of Pennsylvania, (Act of July 3, 19{53, P.L. No. 196}. TOGETHER w/th all right of title and interest of,/n and to the Common Elements as more f~Hy set forth/n the aforesaid Declaration of Condominium and Declaration Plmas, as amended from t/zne ta t/the. BEING KNOWN AS 1077-12 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055. TAX PARCEL #42-24-0792-041 A-U107712 TITLE TO SAID PREMISES 'IS VESTED IN Nell J. Bear and Lorea G. Howe, as Joint Tenants with the Right of Survivorship by Deed from Tiffany Hops n/k/a Tiffany Bitner and Charles II. Bitner, Jr., wife and husband dated 4/26/2001, recorded 5/10/200I, in Deed Book 244, Page 470. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-249 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 NEIL J. BEAR, 1077-12 LANCASTER BLVD., MECHANICSBURG PA 17055 and LOREA G. HOWE, 22 1 STREET, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1077-12 LANCASTER BLVD., MECHANICSBURG PA 17055 (SEE ATTACHED LEGAL DESCRIPTON). (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 $83,522.97 Interest 3/5/03 TO 6/11/03 ~ $13.73 per diem Atty's Comm % Att), Paid $140.11 Plaintiff Paid Date: MARCH 4, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE Address: 1617 JFK BLVD, SUITE 1400 L.L. $.50 $1,359.27 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono~y. o By: '~. ONE PENN CENTER ~ SUBURBAN STATION 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, Ve NElL J. BEAR LOREA G. HOWE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-249 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. NElL J. BEAR LOREA G. HOWE Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-249 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 ~1077-12 LANCASTER BOUI,EVARD~ MECHANICSBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NEIL J. BEAR LOREA G. HOWE 1077-12 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 22 1 STREET CARLISLE, PA 17013 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: Nanle SUNGUILD 1/II CONDOMINIUM ASSOC. Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 662 LEMOYNE, PA 17043-0622 '4. Name and address of last recorded holder of every mortgage of record: Nallle SECRETARY OF HOUSING AND URBAN DEVELOPMENT Last Known Address (if address cannot be reasonably ascertained, please indicate) 2101 N. FRONT STREET HARRISBURG, PA 17110 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 UPPER ALLEN TOWNSHIP Last Known Address (if address cannot be reasonably ascertained, please indicate) 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 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) 1077-12 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 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_ 28, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. NEIL J. BEAR LOREA G. HOWE Defendant(s). TO: NEIL J. BEAR 1077-12 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 03-249 February 28, 2003 LOREA G. HOWE 22 1 STREET CARLISLE, PA 17013 **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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 1077-12 LANCASTER BOULEVARD~ MECHANICSBURG, PA 17055~ is scheduled to be sold at the Sheriff's 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 $83~522.97 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 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 dwelling Unit situated in Sunguild Condominium. Upper Allen Townshil~, Cumberland Cot~nty, Pennsyl%ania, de~lgnaled as Unit No. 1077-12, in t~e Declaration and Dcclaralion Plans of Sungulkt Condominium, crated D~c~mber 6, 1979 and November 29, 1979, respectively, recorded D~cemb~r 12, 1979 in Cumberland ~unty Mi.~c. 15ook 0-49, Paf:e 784, and Plan Book 37, Page 23, respectively, and Amenclmenl to the Declaration and Declaration Plans of Sunguild Condominium, both dated February 28, 1986, both r~-corded March 31, 1986 in C~t~'nl~eHand County Misc. Book 315, Page 804, and Plan E~ok 49, Page 129, respectively, un~Icr the provisions of thc Unit Property Act of thc Commonwealth of Pennsylvania, (Act of July 3, 1963, P.L. No. 196]. TOO~'itF_,R with all right of title and interest of, in and to the Common l~icmcnts as more fully set forth in the aforesaid D~claratian of Condominium and Declaration Plmas, as am¢llded f~om time to time. BEING KNOWN AS 1077-12 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055. TAX PARCEL #42-24-0792-041A-U107712 TITLE TO SAID PREMIS .ES I$ VESTED IN NeiI J. Bear and Lorea G. Howe, as Joint Tenants with the Right of Survivorship by Deed from Tiffany Hops n/k/a Tiffany Bitner and Charles I-I. Bitner, Jr., wife and husband dated 4/26/2001, recorded 5/10/200I, in Deed Book 244, Page 470. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, iNC. CIVIL ACTION VS. NElL J. BEAR LOREA G. HOWE CIVIL DIVISION NO. 03-249 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 March 4, 2003 and April 22, 2003 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 '%" attached hereto. DATE: June 3, 2003 F~RANK F~EDERI~I~,~, ESQUIRE Attorney for Plaintiff MAILED FROM ZIP CODE PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.1LC.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, NEIL J. BEAR LOREA G. HOWE Defendant(s). No. 03-249-CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/5/03 to DECEMBER 10, 2003 (per diem -$13.73) TOTAL $83,522.97 $3,858.13 and Costs $87,381.10 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ALt. THAT CI~RTAII~ dweLl~ U~lit si~a~d tn ~n~d Co~omini~m. Up~ ~ To--chip. Cumbcrl~d ~, Pennsyl~a. de~ as Unit No. lO?T-2g, in ~e ~e~a~on ~d 784, ~d ~an Book 37, P~e 23, r~vely, ~d ~en~ent to ~c Decl~a~on ~d ~l~a~on Pl~ o~ ~un~ld ~ndomi~, ~ dat~ ~eb~ ~, 1986. bo~ r~rded 129. respectively, under ~c pro~sione of thc U~t Prop~ Act of ~c Co~onweal~ of P~ns~v~a. [~t o[J~y 3, 19~. P.L. No. 196). sek [or~ ~ ~e Mo~$~d D~l~ati~ of Condo~ ~d D~l~on Pl~s. ax ~cnd~ ~om ~e tn t~e. BEING KNOWN AS 1077-12 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055. TAX PARCEL #42-24-0792-041A-U107712 TITLI3 TO SAID PREMISES IS VI~STED IN Nell J. Bear and [,area G. Howe, as Joint Tenants with ~e Right of Survivorship toy Deed from Tiffany Hops n/k/a Tiffany Bitner and Charles H. Bitner, Jr., wife and husband dated 4/2612001, recorded 5110/2001, in Deed Book 244, Page 470. 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, NElL J. BEAR LOREA G. HOWE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-249-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney 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, ESQUIRE Attorney for Plaintiff L ~ ~ i - ara ; ~ _ _~ ~~. ~} - : < ~ ~, rn .,~ ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, NEIL J. BEAR LOREA G. HOWE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS C1VIL DIVISION NO. 03-249-CIVIL 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 ~1077-12 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055. I, Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NElL J. BEAR 1077-12 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 LOREA G. HOWE 22 1 STREET CARLISLE, PA 17013 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: UaiTle SUNGUILD I/II CONDOMINIUM ASSOC. Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 662 LEMOYNE, PA 17043-0622 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) SECRETARY OF HOUSING AND URBAN DEVELOPMENT 2101 N. FRONT STREET HARRISBURG, PA 17110 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. Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 7. Name and address of every other person of whom the plaintiffhas 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 1077-12 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 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. September 8, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff •. ua ._.~ ('i3t7- rrt '. ~ ~ ~, ~ ~ ~ ,.~.p T. ,. p i. 3 U? .." -/ ,, C. G7 ; -=i ~. 't~. ' ~'~ ~,~, ~-~ i"'r't L r '"" -{ --1 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, NEIL J. BEAR LOREA G. HOWE Defendam(s). TO: NEIL J. BEAR 107%12 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 03-249-CIVIL September 8, 2003 LOREA G. HOWE 22 1 STREET CARLISLE, PA 17013 **THIS FIRM IS A DEB T COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY 1NFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED 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 AGAINST PROPERTY. ** Your house (real estate) at, 107%12 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $83,522.97 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. 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 CERTAIN dwcllinz Unit situated in Sun~u/ld Condominium. Upper AUen Townahip. Cumberland County. L~ennayl~atl/a. dealg, nated as Unit No. 1077-1:2. in the Declaration and. D¢¢larax/on lalans of Sunguild Condomln/um, dated D~:ccmbcr 6, 1979 and November 29. 1979, reapectively, recorded December [2. 1979 in Cumberland County lviisc. Book 24.9. Pa£~ 784. and Plan l~ook 37, PaZe 23, re, peet/rely, and Amendmen~ to the Declaration and Dccla~afion Plans of Sungu/ld Condomittium. Both dated ~rcbrua~y ~. 1986, Both recorded 129. respect/rely, under the p~'ovi=ions of the Urflt Property Act of the Commonwealth of Pennsylvania. IAct of July 3, 1963. P.L. No. 196}. TOO~-'THER w/th all fight of rifle and [utcrest of. in and to thc Common Elements as mote set forth/n the aforesaid Declaration o/Cendomirdum and Declaration Pl~.ns, as amended from t/me to tLrae. BEING KNOWN AS 1077-12 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055. TAX PARCEL//42-24-0792-041A-U107712 TITLE TO SAID PREMISES iS VESTED 1N Neil J. Bear and Lorea G. Howe, as Ioint Tenants with the Right of Survivorship by Deed from Tiffany Hops n/k/a Tiffany Bitner and Charles H. Bitner, Jr., wife and husband dated 412612001, recorded 5/10/2001, in Deed Book 244, Page 470. .,. ~-s~t sir '-~U : ~ Z a i" - ~:` ~ s t-_ ~$~; _';j 'p L :.7 ;rl i .'1 _~, ~.--e ~4 ~~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-249 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 NEIL J. BEAR AND LOREA G. HOWE (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 garinshee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the det~ndant (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 lxas been added as a garnishee and is enjoined as above stated. Amount Due $83,522.97 L.L. Interest FROM 3/5/03 TO 12/10/03 (PER DIEM - $13.73) - $3,858.13 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $806.21 Other Costs Plaintiff Paid Date: SEPTEMBER 10, 2003 (Seal) CURTIS R. LONG Prothono~,~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE 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 ID No. 12248 Mortgage Electronic Registration Systems, Inc. VS Nell J. Bear and Lorea G. Howe In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-249 Civil Term R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 12.84 Posting Bills 15.00 Advertising 15.00 Mileage 22.08 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Postpone Sale 20.00 Law Journal 260.75 Patriot News 207. l 9 Share of Bills 25.24 $ 654.60 paid by attorney 9/8/03 Sworn and subscribed to before me This /0~ day of ~ff/7~J,,o~ 2003, A.D. %/,,~_~ ~ ~//~, ~, Prothonotary So Answers: R. Thomas Kline, Sheriff Real Es~te Deputy Real Estate Sale # 63 On March 14, 2003 the sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA known and numbered as 1077-12 Lancaster Blvd., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14, 2003 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. ~~~- Editor SWQ~RN TO AND SUBSCRIBED before me this 9 day of MAY, 2003 r fir. ~ ` U ay t a r ,.~ r y ~.ay 1;(3" e:tt:~a£d3 ~:ag. ~s~ tt;` '& ~'a Sao s~r,J REAL ESTATE SALE NO. 63 Writ No. 2003-249 Civil Mortgage Electronic Registration Systems, Inc. vs. NeII J. Bear and Lorea G. Howe Atty.: Frank Federman ALL THAT CERTAIN dwelling Unit situated in Sunguild Condominium, Upper Allen Township. Cumberland County, Pennsylvania, designated as Unit No. 1077-12, in the Declara- tion and Declaration Plans of Sun- guild Condominium, dated Decem- ber 6, 1979 and November 29, 1979, respectively, recorded December 12, 1979 in Cumberland County Misc. Boo'.i 249. Psge 784, ~.nd Flan Book 37, Page 23, respectively, and Amendment to the Declaration and Declaration Plans of Sunguild Con- dominium, both dated February 28, 1986, both recorded March 31. 1986 in Cumberland County Misc. $ook 315, Page 804, and Plan Book 49, Page 129, respectively, under the provisions of the Unit Property Act of the Commonwealth of Pennsyl- vania. (Act of July 3. 1963, P.L. No. 196j. TOGETHER with all right of title and interest of, in and to the Com- mon Elements as more fully set forth in the aforesaid Declaration of Con- dominium and Declaration Plans, as amended from time to time. BEING KNOWN AS 1077-12 LAN- CASTER BC>ULEVARD. MF.,CHAN 1C5BURG. PA 17055. TAX PARCEL #42-24-0792-041A- U 107712. TITLE TO SAID PREMISES I5 VESTED IN Neil J. Bear and Lorea G. Howe, as Joint Tenants with the Right of Survivorship by Deed from Tiffany Hops, n/k/a Tiffany Bitner and Charles H. Bitner. Jr., wife and husband dated 4/26/2001, record- ed 5/10/2001. in Deed Book 244, Page 470. ~S 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:l.......~....... .......~~..... COPY Sworn to and su is 14th day May.. 0 A.D. SALE #63 Notarial S ~' ~~ Tem/ L Russell, Notary Publi ~ "' City Of Hamsburg, Desp u'ne 6, 2 My CommissionExp' N TARY PUBLIC Member, Pennsylvania Association Of NotariMy 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 $ 205.44 Probating same Notary Fee(s) $ 1 .75 Total $ 207.19 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. 63 Writ No. 2003-249 Clvll Term Mortgage Electronic Reglstratlon Systems, Inc. Vs Nell J. Bear and Loren ©. Howe Atty: Frank Federman DESCRIPTION ALL THAT CERTAIN dwelling Unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County,l.'ennsylvania, designated as Unit no. 1077-12, in the Deciarauon and Declaration Plans of Sunguitd Condominium, dated December 6,1979 and November 29,1979, respectively, recorded ,December 12, 1979 in Cumberland County Misc. Book 249, Page 784, and. Plan Book 37, Page 23, respectively, and Amendment to the Declaration and Declaration Plans of Sunguild Condominium, both dated Pebntary 28, 1986, both recorded March 31, 1986 in Cumberland County Misc. Book 315, Page.804, and Plan Book 49, Page 129, respectively, under the provisions of the Unit Property Act of the Common- wealth of Pemrsylvania, (Act of July 3, 1963, P.L. No. ]96}, TOGETHER with 461 right of title and interest of, in and to the Co Elements as more fatly set forth in the aid Declaration of Condominium and i1ea~ don Plans, as amended from time to dmc: BEING KNOWN as 1077.12 Lancaster Boulevard, Mechanicsburg, PA 17055. TTAX~ARCEL #42-24-0792- 041A-UI07712. TO SAID PREMISES is vested in Neil J. Sear and Loren G. Howe, as Joint Tenants with the Right of Survivorship by Deed from Tiffany Hops a!k/a Tiffany Bitt3er and Chazles H. Bitner, lr., wife and husband, dated 4125!2(101, tecord~ 511012001, in Deed Bolt 244, Page 470. COUNTY PLAINTIFF AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND No. 03-249-CIVIL PJT DEFENDANT(S) LOREA G. HOWE SERVE LOREA G. HOWE AT 22 1 STREET CARLISLE, PA 17013 ACCT. #001552550-4 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 Served and made known to / t'l~-,k9 ~. ~¢f,d¢' ,200~ at ~_~_, o'clock/~m., at , Commonwealth of Pennsylvania, in the manner described below: SERVED . D;fendant, on the ,]27fl/ dayof ~.~ t~'~/qlt~ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging 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 9~ Heighi~¢'~'/ Weight.]~[ Race ~.&JSex-~ Other I, [,J; ]}1'~ ~, ~ i ~, a co~etent adult, being duly sworn accord~g to law, depose ~d s~ that I personally h~ded a ~e and coaect copy of the Notice of Sherifffs Sale in the met as set fo~h here~ issued in the captioned case on the ~te and at ~e address ~dicated above. Sworn to ~d subscribed ~d. J~, ~ P~ I -- before m "' I~l ~ ~,~~ I ~ ~/ oe / // PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SER~CE ATTEMPTED. NOT SERVED On the day of ,200__, at __ _ Moved __ Unknown__ No Answer 1st Attempt: / / Time: : o'clock __.m., Defimdant NOT FOUND because: Vacant 2ad Attempt:_ / / Time: 3rd Attempt: / / Time: : Sworn to and subscribed before me this __ day of ,200 _. Notary: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 By: PLAINTIFF AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUIvlBERLAND COUNTY PJT No, 03-249-CIVIL DEFENDANT(S) NEl~ J. BEAR SERVE NElL J. BEAR AT 1077-12 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 ACCT. #001552550-4 Type of Action - Notice of Sheriff's Sale SaMe Date: DECEMBER 10, 2003 Served and made known to ~[k.. ~". ~-~ SERVED, Defendant, on the ~_~O day of Oe-'['Og~. 200~_ at ~:°~O , o'clock¢.m., at [0*lf'l-t,~- L.~${"~.~ ~:'~'/~ ~.~'-:~ ~:~J~'~ fA ~"~05~, Commonwealth of Pe~ylva~a, M the ~er described below: ~ Defen~t perso~lly se~ed. - Adult f~ly me~er with whom Defen~nt(s) reside(s). Relafio~p is ~ Adult ~ c~ge of Defen~s)'s residence who rehsed to give nme or relati~o~hp. ~ Manger/Clerk of place of lodgMg in which Defendant(s) reside(s). Agent or person ~ charge of Defen~nt(s)'s o~ce or usual place of busMess. an o~cer of smd Defen~nt(s) s co~ y. Other: Description: Age ~5 Height ,~ ] O' Weight [~0 Race~ex ~ Omer I, C~ S ~. ~ ~ a co~etent adult, berg duly sworn accord~g to law, depose and s~te t~t I perso~lly handed a ~e and co~ect co y of ~e Notice of Rheri fca Sale in the ~er as s~,.~ here~ issued h the captioned case on the date and at · e ad.ess ~dicated above. I r~bed ~J, J~, before me ~s ~ ~y ] ~~,~,~ ~ 1 o ,200 n No~~ ~~ B~:~~~~ATES & T~ES OF SER~CE ATTEMPTED PLEASE ATTEMPT SER~CE AT LEAST 3 TIM ' NOT SERVED On the __ day of ,200__, at __ o'clock __.m. Defendant NOT FOUND because: Moved Unknown __ 1~t Attempt: / / Attempt: / / 3rd Sworn to and subscribed before me this day of ,200 _. Notary: No Answer Vacant Time: : 2"a AttemptL Time: : By: / / Time: : Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. NElL J. BEAR LOREA G. HOWE CIVIL ACTION CIVIL DIVISION NO. 03-249-CIVIL 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 September 9~ 2003 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: November 4, 2003 FRANK FEDERMAN, ESQUIRE Attorney for l?laintiff i Mortgage Electronic Registration Systems, Inc. VS Neil J. Bear and Lorea G. Howe In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-249 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. SherifFs Costs: Docketing 30.00 Poundage 236.02 Posting Handbills 15.00 Advertising 15.00 Mileage 20.01 Levy 15.00 Surcharge 30.00 Law Library Prothonotary 1.00 Law Journal 265.40 Patriot News 235.18 Share of Bills 28.90 $ 891.51 paid by attorney 12/22/03 Sworn and subscribed to before me So Answers: This -~'~ " day of /U~~~-C~~ ~~ ,~`.,•~-~-;.,<~ ,_ ,~_,,."~.~~.r~r.0 .:..~~ R. Thomas Kline; Sheriff 2003, A.D. ~1~,, ~.z.~. (,~ ~}~ . u.u~, _ BY ~ ~ G ~ c~SU~-~ _ Prothonotary Real E ate Deputy G`„"~ ~- ~:{~ ~i 3 ~ ~"i ~:~~, /y~5 %~~ Real Estate Sale # 72 On September 15, 2003 the sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 1077-12 Lancaster Blvd., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2003 By~ _J c c~,~, ~f ~:~u~ Real Esta~Deputy Y3 ti's /. fir. ~~~ 9I ~ ~ ~ d3s AlN(~iG, ~: _Jr~~iJ ~~12l3H~ a~3~ ~G 3;7~,~30 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: OCTOBER 17, 24, 31, 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 m time, place and character of publication are true. c ~..r sa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER, 2003 NOTARIAL SEAL. " LOTS E. SNYDER, Notary Public Carlisle f3oro, Cumberland County My Commission Expires March 5, 2005 REAL ESTATE SALE NO. 72 Writ No. 2003-249 Civil Mortgage Electronic Registration Systems, lnc. vs. Nell J. Bear and Lorea G. Howe Atty.: Frank Federman ALL THAT CERTAIN dwelling Unit situated in Sunguild Condo- minium, iJpper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1077-12, in the Declaration acrd Declaration Plans of Sunguild Condominium. dated December 6, 1979 and No- vember 29, 1979, respectively, re- corded December 12, 1979 in Cum- berland County Misc. Book 249, Page 784, and Plan Bbok 37, Page 23, respectively, and Amendment to the Declaration and Declaration Plans of Sunguild Condominium. both dated Febru~uy 28, 1986, both recorded March 31, 1986 irr Cumberland County Misc. Book 315, Page 804, and Plan [3ook 49. Page 129, respectively, under the provisions of the Unit Property Act of the Commonwealth of Pennsyl- vania, (Act of July 3. 1963, P.L. No. 196). TOGETHER with all right of title and interest of, in and to the Com- mon Elements as more fully set forth in the aforesaid Declaration of Con- dominium and Declaration Plans, as amended from time to time. BEING KNOWN AS 1077- I2 LAN- CASTER BOULEVARD. MECHAN- ICSBURG, PA 17055. 1'AX PARCEL #42-24-0792-041A- U 107712. TITLE TO SAID PREMISES IS VESTED IN Neil J. Bear and Lorea G. Howe, as Joint Tenants with the Right of Survivorship by Deed from Tiffany Hops n/k/a Tiffany Bitner and Charles H. Bitner, Jr., wife and husband dated 4/26/2001, re- corded 5/ 10/2001, in Deed Book 244, Page 470. k 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 28th day(s) of October and the 4th and 11th day(s) of November 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 COPY SALE #72 REAL ESTATE SALE no. ~z WrR No. 2003-248 CIvI1 Term Mortgage Electronic Reglstretlon Systems, Inc. Vs Nell J. Bear and Lorca D. Howe Atty: Frank Federman DESCRIPTION ALL THAT CERTAIN dwelling Unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1077-12, in the Declaraton and Declaraton Plans of Sunguild Condominium, dated December 6,1979 and November 29, 1979, respectively, recorded December 12, 1979 in Cumberland County Misc. Book 249, Page 784, and Plan Book 37, Page 23, respectively, and Amendment to the Declaration and Declaration Plans of Sunguild Condominium, both dated February 28,1986, both recorded March 3l, 1986 in Cumberland County Misc. Book 315, Page 804, and Plan Book 49, Page 129, respectively, under the provisions of the Unit Property Act of c the Commonwealth of Pennsylvania (Act of July t 3 1963 P.L. No. 196). TOGETHER with all right of title and interest of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaraton Plans, as amended from time to time. BEING KNOWN as 1077-12 Lancaster Boulevard, Mechanicsburg, PA 17055. TAX PARCEL NO.: 42-24-0792-041A- U107712. TITLE TO SAID PREMISES is vested in Neil J. Beaz and Lorca G. Howe, as Join Tenants with the Right of Survivorship by Deed from Tiffany Hops n/k/a Tiffany Bitner and Chazles H. Bitner, Jc, wife and husband, dated 4/2612001, recorded 5/ 10/2001, in Deed Book 244, Page 470. Sworn to d s l~scribed before thi 19th day of N ember.,~0 A.D. N vial Seal ~ /~~ ,(:, Terry L. Russell, Notary Public /' / City Of Harrisburg, Dauphin County My Commission Expires June 6, 2006 NO~TA PUBLIC Member, Pennsylvania Association CM Notaries My 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 Total $ 235.18 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have By .................... FEDERMAN AND PHELAN By: DANIEL SCHMIEG IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 56q-7000 ATTORNEY FOR PLAINTIFF MERS, INC : County Plaintiff : Court of Common Pleas : CIVIL DIVISION : NO. 03-249-CIVIL Defendant(s) : VSo NELL J. BEAR LOREA G. HOWE p1R AECIPE TO VACATE .HII~GMENT MARK CASE DISCI3NTINITEI~ ANI~ WITgOUT pREJUDICE TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered on 3/4/03 against NElL J. BEAR and LOREA G. HOWE, Defendant(s), in the amount of $83,522.97 relative to the instant matter and mark this case discontinued and ended, without prejudice, upon payment of your costs only. Atto~ey for Plaintiff Dated: July 29, 2004