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HomeMy WebLinkAbout03-1611FEDERMAN 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 VS. Plaintiff MICHAEL E. HERR 345 NORTH MOUNTAIN ROAD NEWVILLE, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY BONNIE L. DUNFEE 345 NORTH MOUNTAIN ROAD NEWVILLE, PA 17241 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 #: 600166448 TJN 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: GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: MICHAEL E. HERR 345 NORTH MOUNTAIN ROAD NEWVILLE, PA 17241 BONNIE L. DUNFEE 345 NORTH MOUNTAIN ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 8/31/01 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. 1732, Page 3372. 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 04/07/2003 (Per Diem $23.62) Attorney's Fees Cumulative Late Charges 08/31/2001 to 04/07/2003 Cost of Suit and Title Search Subtotal $116,888.89 4,464.18 1,250.00 150.83 $ 550.00 $123,303.90 Escrow Credit 0.00 Deficit 18.76 Subtotal $ 18.76 TOTAL $123,322.66 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event ora 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. 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 $123,322.66, together with interest from 04/07/2003 at the rate of $23.62 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. FEDER~N AND PI-I~E~AN LLP?/f. By: /s/Francis S. Hallih~r[ v,,,. -. - FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL tha~ ce~n piece of land together wi~/mprovemen~ thereon situate in Upper Frankford To wnsh/p, Cumberlznd County, Permsylvan/a, bounded and described as £ollows: BI~OtNNIb/G at a ra/iroad spike in thc ccnterlin~ of Townsh/p Road No. T-423 on tho line oflar;d now or formerly of William C. Bistline; thence along the latter, South 24 de~ees 05 minutes 47 seconds East, a distance of 250.00 £ee~ to an iron pin on thc linc of Lot No. 6 o£thc hereinaf[er ment/oned Plan of Lots; thence a/ong the latter, North 62 degrees 23 minu~s 00 seconds East, a distance o1'140.00 £cct to an iron p/n on the lirte o:~'Lor No. 5 on said Plan; thence a/ong thc latter, North 24 degrees 05 minutes 47 s,~onds West, a d/stance of 250.00 feet to a nail in the centerline ot'sa~d Township R~ad; thcnec along thc latter, South 62 degrees 23 minutes 00 seconds West, a distance of 140.00 fe~t to a railroacI spikc, cbc p/ace o£BEGINNI~G. CONTAINI2qG .8020 acres ancl being improved with a bi-level dwelling house. BEING KNOIdN AS 345 NORTH MOUNTAIN ROAD VERIFICATION Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAc MOR;GAGE CORPORATION mortgage servicing agent for Plaintiff in this raa '~' · authorized to take t/tis Ver/ficat/on, and tha- -~ tter, that she is '--' - ~ me statements made in the fore~oin~ o:.., -- . ° ~ '~'~ action in Mor~ge Foreclosure are true and correct to the best of her knowledge, information, and be/icl. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Se~. 4904 relating to Unsworn falsification to authorities. DATE: --~_~/03 SHERIFF' S RETO~ - CASE NO: 2003-0161t P CoMMON~4EALTtt OF pENNSYLVANIA COUNTY OF Ci3MBERLAI~D VS ~~ sheri¢¢ or Deputy sherifi¢ ~' sworn according to laW, cumberland County pennsylvania' who being duly , waS served upon  the sayS, the within at ~ by handing to E, ADULT IN CHARGE with BONNIE DUNFE~, ~i- __.. ~ cOMPLAINT - MoRT FoRE together a true and attested copy and at the same time directing H~er attention to the contents thereof. sherif['s CostS: 18.00 Docketing 6.90 Service .00 A[fidavit 10.00 surcharge .00 9O sworn and subscribed to before ~ day of me this ~_~----- So Answers: o / v/ oo3 FEDERMAN a pHELAN By:~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-01611 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HERR MICHAEL E ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DUNFEE BONNIE L the DEFENDANT , at 345 NORTH MOUNTAIN ROAD NEWVILLE, PA 17241 at 1843:00 HOURS, on the 16th day of April , 2003 by handing to BONNIE DUNFEE a true and attested copy of COMPLAINT - MORT FORE together with 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 g ~-- day of Bt~d ~o~ A.D. t; Prothonotary So Answers: R. Thomas Kline 04/17/2003 FEDERMAN & PHELAN De iff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. MICHAEL E. HERR BONNIE L. DUNFEE Defendant(s). No. 03-1611-CV-TM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/23/03 to 9/3/03 (per diem -$20.45) TOTAL $124,385.56 d $ 2,126.80 and Costs $126,512.36 /~RANK F]~DERMAN, 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. bounded and described as follows xp, uumoer~and County, Pennsylvania, BEGINNING at a railroad spike in the centerline of Township R?ad No. ~:I~.°~1~; ~el~t~ndS~W or formerly of William C. Bistlxn.; , th 24 degrees 05 minut ~ distance of 250 feet to an ~ .... = ...... e~ 47 seconds East, *~,, m~n un =ne lxne of Lot No. 6 on the ~ereinaftermentioned Plan of Lots; thence alon degrees 23 minutes 00 seconda Rs,~ .... g_the latter, North 62 pin on the line of Lot No. s'-J-iil~"-?~s=ag~e o~ 1~0 fee9 to an iron u,. -=~u mlan; n~ence along the latter, North 24 degrees 05 minutes 47 seconds West, a distance of 250 feet to a nail in the centerline of said Township Road; thence along the latter, South 62 degrees 23 minutes O0 seconds West, a distance of 140 feet to a railroad spike, the place of BEGINNING. CONTAINING .8020 acres and being Improved w/Ch a bi-level dwelling house. FrA~an~EIw.N%if~sre~i~es~.ib~.d' az, s.__L~_~ .N.o..4 in .t_he Subdivision Plan for , . .r ~u~e.ne aoc~ensmit~, R.S., da~ed December 18, 1978 and recorded ~n the Off,ce of the Recorder of Deeds of Cumberland County in Plan Book 34, Page 97. BEING KNOWN AS 345 NORTH MOUNTAIN ROAD, NEWVILLE, PA 17241. TITLE TO SAID PREMISES IS VESTED IN Michael E. Herr, single man and Bonnie R. Dunfee, single woman, as joint tenants with right of survivorship by Deed from Christopher Young, single man etal dated 8/31/2001 and recorded 9/5/2001, in Deed Book 248, Page 1323. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1611 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 MICHAEL E. HERR and BONNIE L. DUNFEE, 345 N. MOUNTAIN ROAD, NEWVILLE PA 17241. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 345 N. MOUNTAIN ROAD, NEWVILLE PA 17241 (SEE ATTACHED LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $124,385.56 Interest 5/23/03 TO 9/3/03 ~ $20.45 per diem Atty's Comm % Atty Paid $132.90 PlainfiffPaid Date: May 27, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. L.L. $.50 @ $2,126.80 Due Prothy 1.00 Other Costs CURTIS R. LONG Proth ~,oh~tary Deputy Address: ONE PENN CENTER AT 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 PmLAOELPmA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, MICHAEL E. HERR BONNIE L. DUNFEE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1611-CV-TM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey 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 Ft~,D~RMA/~, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, MICHAEL E. HERR BONNIE L. DUNFEE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1611-CV-TM 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 ,345 NORTH MOUNTAIN 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) MICHAEL E. HERR BONNIE L. DUNFEE 345 NORTH MOUNTAIN ROAD NEWVILLE, PA 17241 345 NORTH MOUNTAIN 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Nalne 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: NalTle Last Known Address (if address calmot 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) None 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: Salrle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 345 NORTH MOUNTAIN 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 tree 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. May 21, 2003 DATE ~RANK~ FI~DERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. MICHAEL E. HERR BONNIE L. DUNFEE Defendant(s). TO: MICHAEL E. HERR 345 NORTH MOUNTAIN ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 03-1611-CV-TM May 21, 2003 BONNIE L. DUNFEE 345 NORTH MOUNTAIN ROAD NEWVILLE, PA 17241 **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 PROPERTK ** Your house (real estate) at ~ 345 NORTH MOUNTAIN ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriff's Sale on 9/3/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124~385.56 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. 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 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 PIECE of land together with improvements thereon situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows= B~GINNING at a railroad spike in the centerline of Township Road No. T-423 on the line of land now or formerly of William C. Bistline; thence along the latter, South 24 degrees 05 minutes 47 seconds East, a distance of 250 feet to an iron pin on the line of l&)t No. 6 on the hereinafter mentioned Plan of Lots; thence along the latter, North 62 degrees 23 minutes 00 seconds East, a distance of 140 feet to an iron pin on the line of Lot No. 5 on said Plan; thence along the latter, North 24 degrees 05 minutes 47 seconds West, a distance of 250 feet to a nail in the centerline of said Township Road; thence along the latter, South 62 degrees 23 minutes 00 seconds West, a distance of 140 feet to a railroad spike, the place of BEGINNING. CONTAINING .80ZO acres and being improved with a bi-level dwelling house. AND BEING further described as Lot No. 4 in the Subdivision Plan for Frank W. Linsenbach, Jr. by Eugene Hockensmith, R.S., dated December 18, 1978 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 34, Page 97. BEING KNOWN AS 345 NORTH MOUNTAIN ROAD, NEWVILLE, PA 17241. TITLE TO SAID PREMISES IS VESTED IN_ Michael E. Herr, single man and Bonnie R. Dunfee, ~ingle woman, as joint tenants with right of survivorship by Deed from Christopher Young, single man etal dated 8/31/2001 and recorded 9/5/2001, in Deed Book 248, Page 1323. / FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, MICHAEL E. I:[ERR BONNIE L. DUNFEE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1611-CV-TM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MICHAEL E. HERR and BONNIE L. DUNFEE, 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 4/8/03 to 5/22/03 TOTAL $123,322.66 $ 1,062.90 $124,385.56 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 b-~EDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~-~ ~ 7-0'3 ~ PRO PROTHY iden6ficatiOn 14oKe.nnca¥ Botfi~v ~a suite 1400 1617 lohn F- philaaelphia, PA. i9103-i$14 _____ MoRTGAGe ELECTRONIC REGISTRATION s~STEMS, INC. plaintiff vs. : coURT OF COMMON pLEAS : CIVIL DiVIsION : cUMBERLAND COUNT~ : NO. 03_1615-cv-TM MicHAEL E. HERR BONNIE L. DuNFEE Defendant TO: M~C"F~ E- ~ERR 345 NORTItM0%IIlTA~N RoAD lq~-9~LLE ,PA 17241 0O3 o .o cz: EMPTSG TO COLLSCT THIS FI_RM_ IS ~S sENT TO !~q 2" ~ ~ INFO~TION I~EBTmD~,Rn~ uSED FOR ~ ~ ~HIS CORRESPOSmENCE IS FROM YOU ~l~ ~ IN B~uPTCY, RECEI~D A DISC~GE coNSTRUED TO BE ~ ATTEMPT TO COLLECT A sHoeD NOT BE LiENkGAINST PROPERTY. NOT ~ ENFORCEMENT OF DEBT, BUT ONLY AS I~ORT~OT~C~ default because y~u have ~iled to enter a written you are in b attorney andfile in writing with the .... ersonally or Y . to th~laims set forth against appearanu~ ~efenses or objectiOnS (10) d;S from th~ date court your - --ou act within ten ~ ~_ai~t you without a n you. unle~ud~ment may be ente~r ~thi important ~mght~'havgU~ notice, a o ~'~e your property _ ~+ ~e. If you ao n~ ~. . and you may z~o g~ice to a la~er~~ ~ telephone the tollow~ng a ec %tna ford onet_J%e[ $a he p: la, er ~ =~A ~ut where you ~a~ m ' office to ~ ~ ~B~ CO~oc~ON C~B~ CO~ B~ 2 L~BR~ AVB~ c~ISLE, PA 170E (717) 24%3166 rank Federman, Esquire ttorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 5) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. MICHAEL E. HERR BONNIE L. DUNFEE Attorney for Plaintiff COPY : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-1611-CV-TM Defendant TO: MICHAEL E. HERR 345 NORTH MOUNTAIN ROAD NEWVILLE ,PA 17241 DATE OF NOTICE: MAY 8 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A?TEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND A~Y 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 BEAN 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 L~ERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquzre Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 -7ooo Attorney for Plaieff .COPy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff VS. MICHAEL E. HERR BONNIE L. DUNFEE : COURT ~COMMoN PLEAs CIVIL VISION : CUMBFu~D COUNTy : NO. 1611-CV-TM Defendant TO: BONNIE L. DUNFEE 345 NORTH MOUNTAIN ROAD NEWVILLE ,. PA 17241 DATE OF NOTICE: MAY 8 2003 THIS FIRM IS A DEBT COLLECTOR A~ING TO COLLec- T THIS NOTICE IS SENT TO YOU iNA TEMPT TO C^--A DEET. INDEBTEDNESS REFERRED TO HEREIN-'~M-Y INFO U~'LECT THE , RMATIo FROM YOU WILL BE USED FOR THAT ~'IF YOU HAVE N_ OBTAINED PREVIOUSLy RECEIVED A DISCHARGE IN BANKR~ THIS CORRESPONDE -, NOT AND SHOULD NOT BE CONSTRUES _AN ATTEMp ~^ _. NCE IS AGAINST n'~T^~ COLLECT A DEBT, BUT ONLY AS ENFORCEMENT C'~ =~O~RTY' IMPORTANT failed You are in default because yo fil to enter a written appearance personally or by attor2' _ e in wri~- t notice, a Judgment may be entere~ . Without a ~ar~n~ and you may lose your propert z ~mpOrtant rights. You Y3nce. If should take this notice to a la%~ ~ . YOu~d,_o not have a lawyer or cannot afford one -~ telephone ~ne fO/lowing ' gal help: office to find out where you ca CUMB EI ASSoCIA TioN CUMBERLAND CCUE 2 LIBoi3 CA~ · ~squire 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, MICHAEL E. I-IERR BONNIE L. DUNFEE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1611-CV-TM 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 MICHAEL E. HERR is over 18 years of age and resides at, 345 NORTH MOUNTAIN ROAD, NEWVILLE, PA 17241 . (c) that defendant BONNIE L. DUNFEE is over 18 years of age, and resides at, 345 NORTH MOUNTAIN 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. [FRANK lkEDERMA~, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE DENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. MICHAEL E. HERR BONNIE L. DUNFEE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS C1VIL DIVISION CUMBERLAND COUNTY No.: 03-1611-CV-TM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale haw,· been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF COURT OF' COMMON PLEAS CIVIL DIVISION CUMBER_LA/ND COUNTY No.: 03-1611-CV-TM VS. MICHAEL E. HERR BONNIE L. DUNFEE MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically' provides: (a) If service cannot be made under the applicable role, the plaintiffmay move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendantt includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tz~x records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriffhas been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service ol? the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) MICHAEL E. HERR BONNIE L. DUNFEE SERVE MICHAEL E. HERR AT 345 NORTH MOUNTAIN ROAD NEWV1LLE, PA 17241 CUMBERLAND COUNTY No. 03-1611-CV-TM ACCT. #600166448 Type of Action - Notice of Sheriff's Sale Sale Date: 9/3/03 SERVED Served and madeknownto at , o'clock__.m., at Defendant, on the day of ,200_, , Commonwealth of Pennsylvania, in the manner described below: __ 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 ofbnsiness. an officer of said Defandant(s)'s company. Other: Description: Age .-- Height Weight__ Race Sex__ Other I, , 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 as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Onthe 3/ $~ ~/ day of Moved Unknown __ NOT SERVED ,2003, at ~: ~ ~' o'clock ~.m., Defendant NOT FOUND because: No Answer Vacant ~ Ij~Jt O~ g-C~-.{~ <~ 1st Attempt: / / Time: : 2na Attempt:_ / / Time: 3rd Attempt: / / Time: : Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. MICHAEL E. HERR BONNIE L. DUNFEE SERVE BONNIE L. DUN'FEE AT 345 NORTH MOUNTAIN ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 03-1611-CV-TM ACCT. #600166448 Type of Action - Notice of Sheriff's Sale Sale Date: 9/3/03 ICMD SERVED Served and made known to Defendant, on the day of ~., ,200_, at o'clock __.ri'L, at , Commonwealth of Pennsylvaina, in the manner described below: __ 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 __ Height Weight Race __ Sex Other I, , a competent adult, being duly sworn according ro law, depose and state that I personally handed a hue and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Onthe ,3] ~(-dayof fl/~f Moved Unknown __ No Answer Attempt: / / Time: : NOT SERVED ,200.~ at ~; 2'q' o'clock ~c~__.m., Dei~ndant NOT FOUND because: 2"d Attempt: / / Time: 3rd Attempt: / / Time: : Sworn to and subscri~ecd before me this ~ day Attorne'~fo ~laintiff ~ Frank Federman, Esquire - I.D. No. 12248 DEFAULT EXPRESS SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 03-8802 Attorney Firm: Federman & Phelan Subject: Michael E. Herr & Bonnie L. Dunfee Current Address: 345 North Mountain Road, Newville, PA 17241 Property Address: 345 North Mountain Road, Newville, PA 17241 Mailing Address: 345 North Mountain Road, Newvil[le, PA 17241 I Steven M. Ruffo, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) on 07/11/03 and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Michael E. Herr - 189-66-1040 Bonnie L. Dunfee - 170-62-7903 B. EMPLOYMENT SEARCH Michael E. Herr - A review of the credti report provided no employment information. Bonnie L. Dunfee - Our office was unable to verify the employment information on the credit report. C. INQUIRY OF CREDITORS On 07/11/03 our inquiry with the creditors indicate that Michael E. Herr & Bonnie L. Dunfee reside(s) at: 345 North Mountain Road, Newville, PA 17241 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 07/11/03 our office contacted directory assistance which indicated that Michael E. Herr & Bonnie L. Dunfee reside(s) at: 345 North Mountain Road, Newville, PA 17241 - non published. Our office could not reach the mortgagor due to the non published number. III. 1NQUIRY OF NEIGHBORS Using our whitepages database we were unable to verify the current address with a neighbor, on 07/11/03 and he/she verified that Michael E. Herr & Bonnie L. Dunfee reside(s) at: 345 North Mountain Road, Newville, PA 17241 IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE Our inquiry with the national address database on 07/11/03 indicates the following is correct: Michael E. Herr & Bonnie L. Dunfee - 345 North Mountain Road, Newville, PA 17241 B. ACTIVE ADDITIONAL MAILING ADDRESSES Per our inquiry with the creditors on 07/11/03 the following is an active mailing address: no addresses on file V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of Motor Vehicle Michael E. Herr & Bonnie L. Dunfee has a valid identification registered with the state. VI. OTHER INQUIRIES A. DEATH RECORDS As of June 1, 2003 Vital Records has no death record on file for Michael E. Herr & Bonnie L. Dunfee. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) Our office conducted a check on 07/11/03 for public licenses and found the following: no records on file C. COUNTY VOTER REGISTRATION The Cumberland Cnty Voter reg has a registration for Michael E. Herr & Bonnie L. Dunfee D. INTERNET All accessible pnblie databases have been checked and cross-referenced for the above named individual(s). E. TAX ASSESSMENT OFFICE On 07/11/03 our office conducted a search of the following tax records which showed the following: not applicable VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Michael E. Herr - 05/30/78 Bonnie L. Dunfee - 08/15/80 B. A.K.A. none The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT Ste/ven ~((l~ffo Default Express Services, Inc. President Sworn to and subscribed before me this 11 ___day of__Julys2003 NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey My Commissian Expires Mar. 21, 2007 DEFA UL T EXPRESS SER VICES, INC 43 WILSON DRIVE SICKLER V1LLE, NJ 08081 PHONE: (856) 740-5027 INFO~DEFA UL TEXPRESS. COM VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT 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. Sec. 4904 relating to unswom falsification to authorities. - FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. MICHAEL E. HERR BONNIE L. DUNFEE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DW[SION CUMBERLAND COUNTY No.: 03-1611-CV-TM CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on July 15, 2003. MICHAEL E. HERR 345 NORTH MOUNTAIN ROAD NEWVILLE, PA 17241 BONNIE L. DUNFEE 345 NOW[H MOUNTAIN ROAD FRANK FEDERMAN, ESQUIRE Attorney fi~r Plaintiff Date: July 15, 2003 JUL 1 7 2003 dEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO, 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. MICHAEL E. HERR BONNIE L. DUNFEE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY No.: 03-1611-CV-TM ORDER AND NOW, this /$'" day of .f,.~, ,2003, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), MICHAEL E. HERR and BONNIE L. DUNFEE, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. BY THE COURT: FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. MICHAEL E. HERR BONNm L. DUNFEE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1611-CV-TM VERIFICATION I hereby certify that a tree and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, remm receipt requested, to the following person(s) MICHAEL E. HERR and BONNIE L. DUNFEE on/l_B_X_22,_20~ at 345 NORTH MOUNTAIN ROAD, NEWVILLE, PA 17241, in accordance with the Order of Court dated, 1 g: 2003. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: July 24, 2003 JUL '17 2003 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. MICHAEL E. HERR BONNIE L. DUNFEE ATTORNEY FOR PLAINTEFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 03-1611-CV-TM ORDER this L~'~ay of J_~, 2003, upon consideration of Plaintiffs NOW, Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above capti~oned Defendant(s), MICHAEL E. HERR and BONNIE L. DUNFEE, by mailing a true and gorreCt copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. BY TH.7OURT: 7160 3901 9848 0304 7299 'lO: MICHAEL E. HERR 345 NORTH MOUNTAIN ROAD NEWVILLE, PA 17241 SENDER: TEAM 2 JRL REFERENCE: 7160 3901 9848 0304 7308 TO: BONNIE L. DUNFEE 345 NORTH MOUNTAIN ROAD NEWVILLE, PA 17241 SENDER: TEAM 2 JRL REFERENCE: PS FOrm 3800, June 2000 ~ ; P~.__~.S Form 3800 _June 2000 ~ RETURN stage ~ 37 i RETURN POstage -- 37 RECEIPT i RECEIPT Cert'fied Fee -- ' -- P for : ',~ " Receipt for ' Certified Mail NO ~nsurance Coverage Provided Certified Mail No tnsurance Coverage Provided Oo Not Use for Inlernational Mail IN THE COURT OF COM3~ION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vlORTGAGE ELECTRONIC ?,_EGISTRATION SYSTEMS, INC. VS. MICHAEL E. HERR BONNIE L. DUNFEE CIVIL ACTION ) CIVIL DIVISION ) NO. 03-1611-CV-TM 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 May 23~ 2003 tree 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:~ F~ ~EDERMAN, ESQUIRE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND )~ SS: I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which GMAC Mte Corp is the grantee the same having been sold to said grantee on the 1 lth day of June A.D., 2003, under and by virtue ora writ Execution issued on the 27th day of May, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 1611, at the suit of Mortgage Elec Ree Svs Inc against Michael E Herr & Bonnie L Dunfee is duly recorde~ in Sherifffs Deed Book No. 260, Page 1903 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this t/~day of~A.D. 20~__~. Mortgage Electronic Registration Systems, Inc. VS Michael E. Herr and Bonnie L. Dunfee In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1611 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Michael E. Herr and Bormie L. Dunfee, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the within named defendant, Michael E. Herr and Bonnie L. Dunfee. The house at 345 North Mountain Road, Newville, Cumberland County, Pennsylvania appears vacant. Defendant's left a forwarding address with the Newville Post Office of 950 Walnut Bottom Rd., #15-133, Carlisle, Pennsylvania. The forwarding address is an UPS Mailbox Store, where the defendants have used a mailbox to receive mail. Defendants were served by Attorney Frank Federman pursuant to an order of court, dated July 18, 2003, which instructed the plaintiffto serve the defendants by certified and regular mail. Service was to be effective upon the mailing of such notices. Mailings were made on July 22, 2003 by Attorney Fedennan. Affidavit of mailing was flied with the Cumberland County Prothonotary's Office. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 5:20 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael E. Herr and Bonnie L. Dunfee located at 345 North Mountain Rd., Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Richard Squire for GMAC Mortgage Corporation. It being the highest bid and best price received for the same, GMAC Mortgage Corporation of 500 Enterprise Road, Suite 150, Horsham, PA 19044, being the buyer in this execution, paid to Sheriff R. Thomas Kline the s~nn of $799.38, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 15.67 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.01 Levy 15.00 Surcharge 30.00 Law Journal 297.95 Patriot News 225.85 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 799.38 Sworn and subscribed to before me So Answers: This ~? day of /~4,.,j.,.o~ ~'~'~~ f~,.4~ 2003, A.D. ~, ,~,, ~ (~ ~ t~ R. Thomas Kline, Sheriff ~Pr6thonotary ~-- BYJ~)~ Real Estate ~Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 Th~ Sunday Patriot-News newspapers of genera~ 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 July and the 5th day(s) of August 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 ............... ~YJ.~... ~..~ ......... COPY Sworn to~subsc'~rib;; bofo~~i~.D. ~ E #38 N~ar~Sea I// f.. / ~ My Con'w'~ss~ F. xplres June 6, 2006 I NrJ I Ah"~ PUBLI~ Membe~,Per~$y~vaniaAssecia~3nO{N01afles 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 Probating same Notary Fee(s) Total $ 224.10 $ 1.75 $ 225.85 No~24~ Publisher's Receipt for Advertising Cost s~ T(,~=~.I~; ~ ~ ~, o., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~62~3~ee~t.m Igc of the aforesaid notice and publication costs and certifies that the same have ~.~ ~,~m mam~ ~ ae ~: receipt ~ No~ 4 ia By .................................................................... [, in Deed Book ~18, Pa~ 1323, 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, oftbe 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: JULY 18, 25, 2003 AUGUST 1, 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. ~ ~TAT~ 8AL~ NO, ~ Writ No. 2003 1611 Civil Mortgage Electronic Registration Systems, Inc. Michael E. Herr atxd Bonnie L. Dunfee Atty.: Frank Federman ALL THAT CERTAIN PIECE of laud together vath improvements thereon situate in Upper Frankford Town- ship, Cumberland County, Pennsyl- vania, hounded and described as fallows: BEGINNING at a railroad spike in the centerline of Township Road No. T-423 on the line of land now · or formerly of William C. Bisthne; thence along the latter, South 24 degrees 05 minutes 47 seconds East. a distance of 250 feet to an hon pin on the line of Lot No. 6 on the hereinafter mentioned Plan of Lots; thence along the latter, North 62 degrees 23 minutes 00 seconds Frost, a distance of 146 feet to an iron pin on the line of Lot No. 5 on said Plan; thence along the latter, North 24 degrees 05 minutes 47 seconds West, a distance of 250 feet to a nail in the centerline of said Township Road; thence along the latter, ~outh 62 degrees ~ minutes 00 seconds West, a distance of 140 feet to a railroad spike, the place of BEGINNING. CONTAINING ,8020 acres and being improved with a bi-level dwell- ing houSe, AND BEING further described as Lot No. 4 in the Subdivision Flan *'c,v Frank W. Llnsenbaeh. Jr. by SW/L~s~(j~t~TO AND S~L,~'~tE°~B e fore me this 1 day of AUGUST, 2003 No, T-423 on the line of land now , or forInerly of Williarri C, Bistline; thence along the latter, South 24 degrees 05 minutes 47 secollds East, a distance of 250 feet to an lion pin on the line o£ Lot No. 6 on the hereinafter mentioned plan of Lots; thence along the latter, North 62 degrees 23 minutes 00 seconds East. a distailce of 140 feet to an iron pill on the line of Lot No. 5 on said Plan; thence along the latter, North 24 degrees 05 minutes 47 seconds West, a distance of 250 feet to a nail in the centerline of said Township Road: thence along the latter. South 62 degrees 23 minutes 00 seconds West, a distance of 140 feet to a railroad spire, the place o[ BEGINNING. CONTAINING .8020 acres al~d being improved with a bi level dwell- tng house. AND BEING further described as Lot No. 4 in the Subdivision Plar~ for Frank W. Linsenbach. dr, by Eu- gene Hockensmith, R.S.. dated De~ cember 18, 1978 and recorded in the Office of the Recorder of Deeds of CumberlaI~d County in plm~ Book 34, Page 97. BEING KNOWN AS 345 NORTH MOUNTAIN ROAD, NEWVILLIg. PA 17241. TITLE TO SAID PREMISES IS VESTED IN Michael E. Herr, single maI~ and Bonnie R. Dunfee, single woman, as joint tenants with right of survivorship by Deed from Chris topher Young, single man et al. dated 8/31/2001 and recorded 9/ 5/2001, lr~ Deed Book 248, Page 1325.