HomeMy WebLinkAbout03-1577FEDERMAN 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
Vo
Plaintiff
CARL BRONITSKY
10 CRAIN CIRCLE
LEMOYNE, PA 17043
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
CUMBERLAND 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 thc court
your defenses or objections to thc claims set forth against you. You arc 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 #: 6587992
JMT
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.
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:
EMC MORTGAGE CORPORATION
909 NORTH HDDEN RIDGE DRIVE, SUITE 200
IRVING, TX 75038
The name(s) and last known address(es) of the Defendant(s) are:
CARL BRONITSKY
10 CRAIN CIRCLE
LEMOYNE, PA 17043
o
°
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 7/12/01 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1727, Page 2362.
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 11/01/2002 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
10/01/2002 through 04/04/2003
(Per Diem $96.95)
Attorney's Fees
Cumulative Late Charges
07/12/2001 to 04/04/2003
Cost of Suit and Title Search
Subtotal
$362,930.69
18,032.70
1,250.00
786.30
$ 550.00
$ 383,549.69
Escrow
Credit - 420.19
Deficit 0.00
Subtotal $- 420.19
TOTAL $ 383,129.50
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.
The mortgage premises are vacant and abandoned.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 383,129.50, together with interest from 04/04/2003 at the rate of $96.95 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.
FEDERMAN AND PHELAN, LLF} ~ /7
By: /s~ra~n~'is S~. Ha~m~i7''~
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
ALL rHAT CERTALN condominium unit situate, lying and being in the Borou~h
of Lemoyne. Cumb~:rland~ County, Pennsylvania, de, scribed as Unit No. 13-A, The Woods at
Bridgeport, A Condominium, a flexible condominium, (Unit 13-A) in a Declaration of Bridgepart
..A~sociar~s, Inc. ("Declarant'9 and Michael L. Martin, Inc. dated December 14, 1992, which has
hereto/'or~ been sub~litted to the provisions of the Uniform Condominium A~t.,
1910, P.L. 28/i, No. 82 (61/ Pa. C.S.A. Section 3101 et seq.) by the r~cording of the said
Declaral/ori in th¢ Ofi~ce of the Recorder of Deeds, in and for Cumberland County, Pennsylvania,
in ,Misc. Book 433, P~g~ 719, as ame..,uied by First Amendment to Declaration of Condominium
for The Woods at Bri:tgeport, A Condominium, recorded in the Office of the l~corder of Deeds
irt and for Cumberland County, Pennsylvania. in Misc. Book 460, Page 838, as amended by the
Second Amendrn~-nt to De. claraiion o/' Condominium for The Woods at Bridgeport, A
Condominium, ,ia~:d February 17, 1995, and recorded in the O/lice of the Recorder of Deeds in
and for Cumber.~nd County, Pennsylvania, in Misc, Book 491, Page 413, (see also revised pla~
recorded in Plat. Book 69, Page 97), and as amended by the Third Amendment to Declaration
of Condominium recorded in Misc. Book ilS, Page 386, and the Declaration P[at Building Ten,
The Woods at Bridgeport, A Condominium, by Harlr~__ r~ and Associates, dated August 20, 1996,
a~.d recorded ir: thc Office of the Recorder of D¢~ds in and 'for Cumberland County,
P¢,'u~sylvania, in Plan Book 72, Page 134, as amended by the Fourth Amendment to Declaration
of Condornin/um for The Woods at Bridgeport, a Condominium,. dated September 13, 1996,
recorded in Mist Book 530, Page 915, to ¢on,~ert Phas~ 3 in its entirety to the Condominium..
consisfinl~ of Pha::o 3 in ks ea~ as set forth in th~ Declaration Pla Building Ten, The Woods
at Bridgeport, a Condominium, dated August 20, 1996, and ret. ordeal in Plan Book ?2. Pag~ I3~,
as amended by ~h¢ Fifth Amendment to Declaration of Condominium for The Woods at
Bridgeport, A Cor,dominium, dated February 25, 1997 and r¢cordexi in the Office of thc Recorder
of De~ds in and i~r Cumberland County, Pean.sylvania, in Misc. Book 541, Pa~ 9gl, and the
Declaration Plat Building Nine, The Woods at Bridgeport, A Condominium, dated Feb~_,~,ry 24,
1997 and r~corde, i in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania in Plan Book 74, Page 34, as amended by the Sixth Amendment to Declaration of
Condominium for 'l'he Woods a~ Bridgeport, A Condominium, clated May 1, 199g and recorded
in the O/rice of ~'. R~ord~r of Deeds in and for Cumberland County, P~nsylvania, in Misc.
Book 576, Page Il)?6, and r~ Declaration Plat Building Eight, The Woods a Bridgeport. A
Condominium, dar~:d April 10, 1991/and re~orded in the Off/ce o£the Recorder of Deed~ in and
for Cumberland Co~rit~, Pennsylvania in Right-of-Way Plan Book 1 I, Page 147, as amended by
the Seventh Amendment u) Declaration of Condominium for The Woods at Bridgeport, A
Condominium, dated August 115, 1999 and recorded in the Office of the Recorder of Deeds in'
and for Cumberland County, Pennsylvania, in Misc. Book 623, Page 935, and the Declaration
?lat Building Four, The Woods at Bridgeport,. A Condominium, da:ed August 25, 1999 and
re~rded in the Offi,:e of thc R~order of Deeds in and for Cumberland County, P:rinsylvania in
Right-of-Way Plan 13ook 12, Page 75, as amended by the Eighth Amendment to Declaration of
Condominium for 'I'h~ Woods a~ Bridgeport, A Condominium, dated December 7. 1999 and
reaorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,
in Misc. Book 63'-, Page 34, as amended by the Ninth Amendment to Declaration of
C~mdominium for The Woods at Bridgeport, A Condomiriium, da~ed October 30, 2000 and
re,:orded in the Office of the Recorder of De.~is in and for Cumberland County, Perm.sylvania,
in Misc. Book 5Sc), Page 274, and thc Declaration PlaI Building Twelve, The Woods at
Bridgeport, A Condominium da~ed October 27, 2000 and r~¢ordecl in ~he Office o£ r. he
of Deeds in and for C lmberland Councy, Pennsylvania in Right-of-Way Plan Book 12, Paile 1 I7,
as amended by the T~-n~ Amemdment to Declaration of Condom/nium for The Woods at
Br/dgepon, A C,)ndominium, dated February 14, 2001 and recorded in the Office of the Recorded
of Dceds in arid ~or Cumberland County, Pennsylvania in Mis~llan¢oua Book 667, Page 330 and
the Declaration Plat Building Eleven,. The Woods at Bridgeport, A Condominium dated February
15, 2001 and r~;orded in the Office of the Recorder of Deedi in and for Cumberland County,
Pennsylvania in Righl-of-Way Plan Book 12, Page 126, as amend~l by the El~venth Amendment
to Declaration of Condominium for The Woods at Bridg~poirt, A Condominium, dar~d May 1
2001 and record-.d i~ the Office of the Reco~ of Deeds in and for Cumberland County,
Pennsylvania in Miscellaneous Book 576, Pa~¢ 1075 and the Declaration Plat Building
The Woods at Bridgeport, A Condominium claed May 16, 2001 and recorded in the Office of
the Ra~.ord~ of E~ecls in and for Cumberland County, Pennsylvania in Right-ot'-Way Plan Book
12, Page 134, together with a proportionate undivided interest in the common elements (as
defined in subject dcclaration) 0/3 5.94?%.
BEING A PART OF THE SAME PREMISES which Hasbrouck S. Wri~h~, ¢~.
aI. by deed dated llept~-mb~' 30, 1985, recorded May 21, 191/7, in Cumberland County Recorder
of Deeds Book R-32, Page 251, llrant~d and conveyed umo Michael Q. Davis, Trustce for the
incorporators of l~,-idi/epon Associates, Inc., a Pennsylvania corporation.
PREI, ilSE$ BEING: 10 CRA. IIi CIRCLE
VERIFICATION
MARY JACQUE THOMPSON hereby states that she is ASSISTANT VICE
PRESIDENT of EMC MORTGAGE CORPORATION 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 tree 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 unsworn falsification to authorities.
DATE:
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2003-01577 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
'MORTGAGE ELECTRONIC REGISTF~AT
VS
BRONITSKY CARL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
BRONITSKY CARL
unable to locate Him in his bailiwick.
but was
He therefore returns the
COMPLAINT - MORT FORE ,
the within named DEFENDANT
, BRONITSKY CARL
10 CRAIN CIRCLE
LEMOYNE, PA 17043
PER POST OFFICE, THE DEFENDANT'S NEW ADDRESS IS
1529 EAST LUDLow DRIVE PHOENIX, AZ 85022.
, NOT FOUND , as to
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18 00
11 04
5 00
10 00
00
.44 04
answers: _~- ~~
~ R. Thomas Kl-ine
Sheriff of Cumberland County
FEDERMAN & PHELAN
O4/09/2003
Sworn and subscribed to before me
this 2SM day of
~o~J~ A.D.
Pr6tt[onotary
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
CARL BRONITSKY
10 CRAIN CIRCLE
LEMOYNE, PA 17043
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO.O
CUMBERLAND 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 ~FOP. D ONE, GO TO OR TELEPHONE THE OFVICE
We I'~l~v0~l$,tlr~ow TO FIND OUT WHEPO~ YOU CAN GET LEGAL HELP.
wllNn to be a true end
conect copy of the CtmmERLAND COmqTY
CUMBERLAND COUNTY BAR ASSOCIATION
~ ~ of record 2 LIBERTY AVENUE
F~.~N~ PI'Il=_ l_~Jll] CARLISLE, PA 17013
(717) 249-3166
Loan #: 6587992
JMT
TRUE COPY FROM RECORD
i~ T~sthflogty wi'",,~rlj~(d, t here unto set my haod
~ '74-~ dayltct:ll.m.~~-" ' '
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:
EMC MORTGAGE CORPORATION
909 NORTH HIDDEN RIDGE DRIVE, SUITE 200
IRVING, TX 75038
The name(s) and last known address(es) of the Defendant(s) are:
CARL BRONITSKY
10 CRAIN CIRCLE
LEMOYNE, PA 17043
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 7/12/0 ! mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1727, Page 2362.
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 11/01/2002 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.
6. The following amounts are due on the mortgage:
Principal Balance
Interest
10/01/2002 through 04/04/2003
(Per Diem $96.95)
Attorney's Fees
Cumulative Late Charges
07/12/2001 to 04/04/2003
Cost of Suit and Title Search
Subtotal
$362,930.69
18,032.70
1,250.00
786.30
$ 550.00
$ 383,549.69
Escrow
Credit - 420.19
Deficit 0.00
Subtotal $- 420.19
TOTAL $ 383,129.50
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.
The mortgage premises are vacant and abandoned.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 383,129.50, together with interest from 04/04/2003 at the rate of $96.95 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.
By:
FEDERMAN AND PHELAN, LLP
/s/Francis S. Hallinan
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
ALL tHAT CERT.a..LN condominium unit situate, lying and being in the Borough
of' Lemoyne, C'ara~l~d' County, Pennsylvania, described a.s Unit No. 13-A. The Woods at
Bridgaport, A Condo rninium, a flexible condominium, (Unit 13-A) in a DeclaratiOn of Bridgeport
Acs-' ociar~, Inc. ("Declarant") and Michael L. Martim Inc. dated Decarnber 14, 1992, which has
heretofore be~n subr. fitted to the provisions of the Uniform Condominium A~., Act of July Z,
1980, P.L. 286, No. 112 (68 Pa. C.S.A. Section 3101 et seq.) by the recording of r2~ said
Declara~/on/n the O~ce of the Recorda' of Deeds, in and for Cumberland County, Permsylvania,
in Misc. Book 433, Page 7I 9, as amended by First Amendment to Declarat/on of Condominium
for The Woods at Br/:/geport, A Condominium, recorded in the Offlc~ of the Recorder of Deedz
in and for Cumberlan5 County, Pennsylvania, in M. isc. Book 460, Page 838, as amended by the
Second Ameni~nemt to Declar~oa of Condominium for The Woods at Bridgeport, A
Condominium, ,tared February 17, 1995, and recorded in the Office of the Recorder of Deeds in
and 'for Cumber.~and County, P~nnsylvania, in Misc, Book 491, Page 413, (see alto revised plan
recorded in Plan Book 69, Page 97), and as amended by the Third Amendment to Declarafiort
of' Condomin/um recorded in Mi~. Book 52tt, Page 386, and the Declaration Prat Building Ten,
The Woods at Bridgeport, A Condominium, by Haxl~_an and Associates, dated August 20, 1996,
~d recorded ir: the Office of the Recorder of Deeds in and 'for Cumberland County,
Pe,'msylvania, in Plan Book 72, Page 134, as amended by the Fourth Amendment to Declaration
of Condominium for The Woods at Bridgeport,. a Condominium,. dated September 13, 1996,
recorded ia Mist Book 530, Page 9811, to con,~ert Pha,~ 3 in its entirety to the Condominium,
consisting of Pha::~ 3 in isa entirety as set forth in tl~ Declaration Plat Building Ten, Thc Woods
at Bddgepart, a Condominium, dated August 20, 199/5, and recorded in Plan Book 72, Pag~ 134,
as amended by the Fifth Am~dment to Declaration of Condominium for Th~ Woods at
Bridgeport, A Cor~dominium, dated February 25, 1997 and recorded in the Office of the RecOrder
of Deeds in and f,r Cumberland County, Penmylvania, in .~sc. Book 541, Page 98I, and the
Declaraxion Plat Building Nine, The Woods at Bridgeport, A Condomirfium, dated February 24,
I997 and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania in Plan Book 74, Page 34, as amended ~y the Sixth Amendment to Declaration of
Condominium for 'l'he Wo~ds at Bridgeport., A Condominium, daxed May 1, 1998 and recorded
irt th, Office of' ~: Recorder o/' Deeds in and for Cumberland County, Pennsylvania, in Misc.
Book 576, Page 1076, and the Declaration Plax Building Eight, The Woods at Bddgeport, A
Condominium, dared April 10, 1998 and recorded in the Office of the Recorder of Deeds ~ and
for Cumberland Co,mw, Pennsylvania in R/ght-of-Way Plan Book 1 I, Page 147, as amended by
~e Seventh Amea/raent to Declaration of Condominium for The Woods at BHdgeport, A
Condomirfium, dated August 25, 1999 and recorded in the Office of the P, ecorder of Deeds in'
and for Cumberland County, Pennsylvania, in Misc. Book 523, Page 935, and the Declaration
Plat Building Four, The Woods at Bridgeport, A Condominium, dated August 25, 1999 and
recorded in the Offi,:e of the Recorder of Deeds in and for Cumberland County, Pennsylvania in
Right.of-Way Plan Book 12, Page 75, as mended hy the Eighth Amendment to Declaration of
Condominium for 'I'h~ Woods at Bridgeport, A Condominium, date~ December 7. 1999 and
rec~:rde,d in the Office of the Recorder of Deeds in and for Cumbertand County, Pennsylvania,
in Misc. Book 632, Page 34, as amended by the Ninth Amendment to Declaration of
Condon~inium for The Woods at Bridgeport, A Condominium, dared October 30, 2000 and
re,xorded in the Office of the Recorder of Deeds in and for Cumberland County, Permsylvania,
in Misc. Book 659, Page 27-*, and t,% Declaration Plat Building Twelve, The Woods at
Bridgeport, A Condo:ninium dated October 27, 2000 and recarded in tl:,e Office of ~e Recorder,
of Deeds in and for C xmberland Count, Pennsylvania in Right-of-Way Plan Book !2, Page 1 I7,
~ amended by the Tenth Amendment t~ Dec!ardrion of Condominium for The Woods at
Bridgeport, A Gmdominium, dated February 14, 2001 and recorded in the O~ce of~e Recorded
of Dced~ in and ~'or Camberiand CoumT, Pennsylvania in Mi~',ellaneous Book 667, Page 330 ~md
the Dectaralion Pla BuJ/ding Eleven,. The Woods at Bridgcport, A Condominium dasd Februm7
15, 2001 and re~:ordcd in the Office of the Recorder of Deeds in and for Cumberiand Count'y,
Pennsylvoaia in Right-of-Way Plan Book 12, Page 126, as amended by ~e El~'venr. h Amendment
to Declaration of Condominium for The Woods az Bridgepoirt, A Condominium. dazed May 18,
2001 and record~.d ia the Office of the R.~orded of Deeds in and for Cumberland County,
Pennsylvania in Miscellaneous Book 676, Page 1075 and the Declaration Plat Building T~
The Woods az Bffdgei:o~ A Condominium da:ed May 16, 2001 ami recorded in the Office of
the Recorder of E~ecls in and for Cumberland CountT, Pennsylvania in Pdgh~-o£-Way Plan Bo~k
12, Page I34, roger, her with a propordorm~ undivided imteresl in the common el~ (as
defined in subject declaration) of $.947%.
BE~'G A PART OF Tw'~ SA~4,E PRE,M/SE$ which Hasbrouck S. WrighL er.
al. by deed dated llept~'mber 30, 1986, recorded May 2I, 1987, in Cumberland County Recorder
ot' Deeds Rook R-32, Page 261, granmd aud conveyed u~to Michael Q. Davis, Trust=~ for the
incorporators of B,-idg~por: A.~ociat~s, Inc., a. P=rmsylvania corporation.
PREMISES BEING: 10 CRAIN CIRCLE
VERIFICATION
MARY JACQUE THOMPSON hereby states that she is ASSISTANT VICE
PRESIDENT of EMC MORTGAGE CORPORATION 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:
PLAINTIFF
AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
NO. 03-1577
DEFENDANT
SERVE AT:
CARL BRONITSKY
1529 EAST LUDLOW DRIVE
PHOENIX, AZ 85022
TYPE OF ACTION
XX Mortgage Foreclosure
XX Civil Action
Served and made known to
Defendant on the /3
__ day of ~ , 206~, at
_ o'clock, ~. M., at /~Z~ ~ dvddow ~l~,/~Fo~/~,~Z
, City in the manner described ~elow: '
__Defendant personally served.
~<Adult family member with whom Defendant(s) reside(s).
Relationship is /~,~ .
Adult in charge of Defendant's residence who refused to give
name/relationship.
Manager/Clerk of place of lodging in which Defendant(s) reside(s)
__~gent or person in charge of Defendant's office or usual place of
business.
and officer of said defendant
company.
Other:
, ~ ~=~ , a competent adult, being duly sworn according to
law, depose and state that I personally hande~ to ~u~
a true and correct copy of the~/~W6~=/~3~w~
~ed in the captioned case on the date and at the add%ess indicated
above.
Swor ,~
n to and subs~ibed ~ .
Before me this ~5 da~ ~ ~'3s
Y 20__, at o'clock
__.M., Defendant NOT FO~D because:
__Moved __Unkno~ __No ~swer Vacant
Other:
Sworn to a~d subscribed
Before me/the day
Of , 20~,.
Notary: .....
By:
ATTORNEY OF PLAINTIFF
FRANK FEDERMAN, ESQUIRE - I.D.#12248
Suite 1400
One Penn Center Plaza at Suburban Station
Philadelphia, PA 19103-1799
FEDERMAN AND PHELAN, LLP
By: Frank Federman, Esquire I.D. No. 12248
Lawrence T. Phelan, Esquire I.D. No. 32227
Francis S. Hallinan, Esquire I.D. No. 62695
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
Plaintiff Court of Common Pleas
CUMBERLAND County
No. 03-1577
Vso
CARL BRONITSKY
Defendant(s)
PRAECIPE TO WITHDRAW COMPLAINT~ WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly withdraw the complaint filed in the instant matter, without prejudice, upon payment of your
costs only. A Chapter 13 bankruptcy was filed on 01/07/02, which invalidated the complaint.
Date Frank Federman, Esquire
Lawrence T. Phelan, Esquire
Francis S. Hallinan, Esquire
Attorneys for Plaintiff