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HomeMy WebLinkAbout01-05313. ~ _ .:....W . _ .....:. i i.... _.. :.__~ ..:.:.r_.'I - ~~~ ~, F AFFIDAVIT OF SERVICE ~LAINTIFF MORTGAGE ELECTRONIC sREGISTRx1TION-SYSTEMS, INC. DEFENDANT(S) PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D.'BEAR SERVE PAUL J. BEAR, JR, A!K/A PAUL J. BEAR AT 1101 CLAREMONT RD. CARLISLE, PA 17013 CUMBERLAND COUNTY No. O1-5313 CIVIL TERM ACCT. #5.05194375 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED '/ Served and made known to ~&u ~ ~. ~~tZ ,~iC ,Defendant, on the ~ day of d ~ 2001, 1, CaR~isle. at t'n%3o ,o'clock~P.m.,at Cuwbe~rt.\aNd. ~'~Ntv fdt,iSisN ~~~~ C~aKetuoN'~' 1 .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 of business. Lt , ~'(tav i s j !,e N k , 3 P „~ _ (~ P ,,,, an officer of said Defendant(s)'s company. 5' h;~k i..ca d e ~c Other. 1 S, Cuwbevl,~awl 1~ CouN{.~ P4Cisopl t Description: Age ~/ ~ Height ~ Weight ~ Race i~ Sex ~ Other I C, aReN ce_ („ '(~ ~,~,~~ ~-~ a competent adult, being duly sworn according to law, depose and state that I personally handed a tme 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. Swom to and subscribed Che0lbe before me this 1~~day My 0010 of ®Yc~-bu- 200j. Notary: y4ta .~-~ 6. >`- On the aay NOTARIAL SEAL G. BORYAN, Notar ®OrO, Ftankli n Expires By: NOT SERVED 200_, at o'clock - m., Defendant NOT FOUND because: Moved _ Unlmown _ No Answer Vacant Other: Sworn to and subscribed before me this _ day of 200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 P~i~ u~f4ftt@~+vlSS4cawl.~eikts'u!iaatiFZ~v~tr3:,;..t;-~-~ :~~,..:,...~~ .~~~s!am~YC~f5~4 - ~.•• ~ ~.e~a~~ ~. t v P F~~..-~ P~'` ~1 C ~~ ~ ~ ~ , ~ ~~.5 } ' ~ ~ ~: ^J~ r ~~c"_ ~v fir, - ~~ :; :s..: _t. - __ t ~~ ~7 ~r, _'~_~ ~ ~: -~' ~ <: R~~' F~'~ FEDERMAN AND PHELAN . By: FRANK FEDERMAN Identification No. 12248 slttorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOAN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS MCLEAN, VA 22102 . CIVIL DIVISION Plaintiff, . v. NO. 01-5313 CIVIL TERM PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PAUL J. BEAR. JR., A/K/A PAUL J. BEAR and APRIL D. BEAR, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $94,244.98 Interest from 9/1/01 to 10(30(01 $972.32 TOTAL $95,217.30 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT D. DATE: ,,~~~~~ aU~l ~- PRO PROTIIY (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. PAUL J. BEAR, JR, A/K/A PAUL J. BEAR APRIL D. BEAR CIVII, DIVISION NO. 01-5313 CIVII, TERM Defendant(s). FRANK FEDERMAN. ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 **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 CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Notice is given that a Judgment in the above-captioned matter has been entered against you on ~~ ~ 2001 . DEPUTY If you have any questions concerning this matter, please contact: FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOAN F. KENNEDY BLVD., SUITE 1400 PffiI.ADELPffiA, PA 19103-1814 (215)563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR Defendants}. CIVIL DIVISION NO.Ol-5313 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has lrnowledge 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 PAUL J. BEAR, JR., A/K/A PAUL J. BEAR is over 18 years of age and resides at , 1101 CLAREMONT RD., CARLISLE, PA 17013 . (c) that defendant APRIL D. BEAR is over 18 years of age, and resides at , 355 N. EAST 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 '" -FEDERMAN AND PHELAN • BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-i 814 (2is~sfi~-7nno MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff vs. PAUL J. BEAR JR. A/K/A PAUL J. BEAR APRIL D. BEAR Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-5313-CIVIL ,~ ~~ ~.~_ ~` TO: PAUL J. BEAR JR. A/K/A PAUL J. BEAR 1101 CLAREMONT RD. CARLISLE PA 17013 DATE OF NOTICE: OCTOBER 16, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 dam, °~~,. Frank Federman, Esquire Attorney for Plaintiff '~EDERMAN AND PHELAN ~BY: FRANK FEDERMAN, ESQUIF2E Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (Z)Sfi~-7n~o MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff vs. PAUL J. BEAR JR. A/K/A PAUL J. BEAR APRIL D. BEA12 Defendant TO: APRIL D. BEAR 355 N. EAST STREET CARLISLE, PA 17013 DATE OF NOTICE: OCTOBER 16. 2001 ~~~~ ~~~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~~1=L_ Frank Federman, Esquire Attorney for Plaintiff Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. O1-5313-CIVIL FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ~~~SF3.7non MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff vs. PAUL J. BEAR JR. A/K/A PAUL J. BEAR APRIL D. BEAR Defendant TO: APRIL D. BEAR 755 N. EAST STREET CARLISLE, PA 17013 DATE OF NOTICE: OCTOBER 16, 2001 Attorney for Plaintiff CIVIL DIVISION COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5313-CIVIL ~ C L. 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 COLL1~CT A DEBT, HUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff i, *., >- as ~- `.J a tf e I.;-1 r.~., ~ ~ ~ ~ ^~ ~ J i 1 ~ ~ ,~ -- J~ ^9 I l., ~ vla ~ ~ ,'~1j `" ~ J~1 ((yy ~!°~ ~ :.. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR No. 01-5313 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/30/01 to 3/6/02 (per diem -15.65) TOTAL $95,217.30 $1,987.SS and Costs $97,204.85 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. R z w 0 U /. U 0 H U W ra W C7 U H O H h z 0 ~' W ~ U ~ a ~~ o 1dA ~ a ~~ o W h U ~ QW, a a Cy d ~, s U f~ ao .. ~~ a~ M v ti O M ~ ~ r-+ O ~ r w~ W P. a AU F4 F z~ 0 W~~ w W ~ 6 d ~w o ti M N w a _~41 t ALL that certain tract or parcel of land and premises, situate, lying and being in MONROE TOWNSHIP, in Cumberland County, Pennsylvania, more particularly bounded and described as follows: ~ BEGINNING on the East by Mountain Street; on the South by land now or formerly of Gerald R. Bowers; on the West by a 16 foot alley and on the North by land now or formerly of 3vfitton Cameron; having a frontage on Mountain Street of I00 feet and extending at an even width, a depth of I60 feet to the alley in the rear; being improved with a 2 % story frame dwelling house known and numbered as 564 GutshaIl Road, Boiling Springs, Pennsylvania. BEING the same premises which Richard l.. Norris, single man, by his Deed dated June I2, 1995 and recorded in the Office of the Recorder of 2~eeds in and for Cumberland County, in Record Book I24, Page 130, granted and conveyed unto Paul J. Bear, Jr., marred man, Grantor herein. AND the Grantor hereby covenants and agrees that he will wan-ant specially the property hereby conveyed. PACEL # 22-31-2173-012 4rlBi`~ts`tli;}drFm4aL3!simaar ,~evn .~.uae•+~;~ .v.>. u ,;. ;. ~.-,..,~~ .c.:~xs~+r„fib ~Y :: s .~ ~ o c~ R> N ~ ~ e e ~~~ Q ~ C ' ~ ~ ~ ~~ e ~ r ;~ 1 ~ ~ ~ _~. ~' N /Q~ S N FEDERMAN and PHELAN 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. v. Plaintiff, ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION PAUL J. BEAR, JR., A/K/A PAUL J. BEAR NO. 01-5313 CIVIL TERM APRIL D. BEAR Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff v; ?_ .,; r_; ~ G -= ~r -. _ sic ~::l=i ,~ - p _1._ -__ -- ,_'1 LI ~._.~~ ti. ._..~ ~7 /+_ ~~ f` - '`~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. PAUL J. BEAR, JR, A/K/A PAUL J. BEAR APRIL D. BEAR Defendant(s). NO.Ol-5313 CIVIL TERM 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 .564 GUTSHALL ROAD, BOILING SPRINGS, PA 17007 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate} PAUL J. BEAR, JR., A/K/A PAUL J. BEAR 1101 CLAREMONT RD. APRIL D. BEAR CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVI. DIVISION CARLISLE, PA 17013 355 N. EAST STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: PAUL J. BEAR, JR., A/K/A PAUL J. BEAR 1101 CLAREMONT RD. APRIL D. BEAR CARLISLE, PA 17013 355 N. EAST STREET CARLISLE, PA 17013 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. Y~ 4. Name and address of last recorded holder of every mortgage of record: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained,, please indicate) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 564 GUTSHALL ROAD BOILING SPRINGS, PA 17007 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. October 30, 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ""ilf&Nka SVMk~ ~~sraaSe~ w _"ue~s =`~fz ~_m ~~_ r: ~. P.e ;, _,p _. a~~i 7 2 .".. ~.' a. i f~ F ~, ~~ `~ C , tD `~: •~ . ,, MORTGAGE'°ELECTRONICREGISTRATION CUMBERLAND COUNTY S.YSTEM5, INC. , +Plaintiff, No. O1-5313-CIVIL TERM v. _ PAUL J. BEAR, JR., A/If/A PAUL J. BEAR APRIL D: BEAR Defendant(s). October 30, 2001 TO: PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR 1101 CLAREMONT RD. 355 N. EAST STREET CARLISLE, PA 17013 CARLISLE, PA 17013 * *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATTON OBTAINED WILL BE USED FOR THAT PDRPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS !S NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at , 564 GUTSHALL ROAD, BOILING SPRINGS. PA 17007, is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 95,217.30 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. 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: (2151563-7000. 2. You maybe 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 attomey 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.) 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 (2151563-7000. 2. You maybe 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 maybe 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 _ _ __._~ _..'A~r~n' " '`' - ALL that certain tract or parcel of land and premises, situate, lying and being in MONROE TOWNSHIP, in Cumberland County, Pennsylvania, more particularly bounded and described as follows: ~ BEGINNING on the East by Mountain Street; on the South by land now or formerly of Gerald R. Bowers; on the West by a I6 foot alley and on the North by land now ar formerly of tifitton Cameron; having a frontage on Mountain Street of I00 feet and extending at an even width, a depth of I60 feet to the alley in the rear; being improved with a 2 % story frame dwelling house known and numbered as 564 GutshaIl Road, Boiling Springs, Pennsylvania. BEING the same premises which Richard L. Norris, single man, by his Deed dated June I2, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Record Book I24, Page 134, granted and conveyed unto Paul J. Bear, Jr., married man, Grantor herein. AND the Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. PACEL # 22-31-2173-012 STATE OF PENNSYLVANIA, ~ ss. COUNTY OF CUMBERLAND _--Robert P-Ziegler I~ --------- - Recorder of Deeds in and for said County and State do~hen:by certify that the Sheriffs Deed in which ________________ -------------Secretary of Veterans Affairs -------•-------------------------------------------------------- is the grantee 5th the same having bem soki to said grantee on the -------------------------°-----------------_-- day of June 2002 --_°----------------------------------- A. D., ? _--_-, under and by virtue of a writ-------__----- Execution 1st ------------------------------°---issued on the --------------------°--------------- November 200 day of __________________________ A. D., _____, out the Court of Comman Pleas of said County as of ___-Civil -------------------••-------------------------------------------------- Term,: -°--- Numher_____ 5313 - Mortgage Electronic Registration Systems Inc ---. at the suitof---------- -------------------------------------------------- Paul J Bear Jr aka Paul J & April D '--'-'--'-_---°---------'--------- against-----°--------------------------------------------- n - 1560 dulyreeordedinSheriff'sDeedBookNo.___ 252___ Page____________. IN TESTIMONY WHEREOF, I halve heaunto set my h d and seal of said office this ~y~ _ day of Deeds 2001 Mortgage Electronic Registration Systems, Inc. VS Paul J. Bear, Jr. a/k/a Paul J. Bear and April D. Bear In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5313 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 06, 2001 at 3:55 o'clock P.M., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Paul J. Bear, Jr. a/k/a Paul J. Bear, by making known unto Paul J. Bear personally, at The Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: April D. Bear, but was unable to locate her at 335 North East Street, Carlisle, Cumberland County, Pennsylvania. A further search by Deputy Shawn Harrison at the Carlisle Post Office revealed the defendant left a forwarding address of 726 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. On November 7, 2001, Deputy Dawn Kell searched 726 North Hanover Street, Carlisle, Cumberland County, Pennsylvania for the within named defendant, April D. Bear, but was unable to locate her at that address. Defendant moved again, but did not leave a forwarding address. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 04, 2002 at 3:23 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Paul J. Bear, Jr. a/k/a Paul J. Bear and April D. Bear located at 564 Gutshall Road, Boiling Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Paul J. Bear, 7r. a/k/a Paul J. Bear, by regular mail to his last known address of The Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5, 2002 at 10:00 o'clock A.M.. He sold the same for the sum of $1.00 to Attorney Frank Federman for Secretary of Veterans Affairs, an Officer of The United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, an Officer of The United States of America, of Varo Cleveland (MDP 262 PHl) P.O. Box 99640, Cleveland, OH 44199, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $757.53, it being costs. t - - - ~ Sheriffls Costs: Docketing Poundgae Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Service Certified Mail Levy Surcharge Postpone Sale Law Journal Patriot News Distribution of Proceeds Sheriffls Deed $30.00 14.85 15.00 15.00 30.00 10.00 .50 1.00 7.15 2.33 15.00 30.00 20.00 256.10 231.90 35.00 29.50 $757.53 pd by atty 6-19-02 Sworn and subscribed to before me So Y~ This ,is°'~-day of~ R. Thomas Kline, Sheriff 2002, A.D. r othonotary ~ BY ~J Rea Estate Deputy ~.~ 3~9 8'/ (,~ iaG G as MORTGAGE ELECTRONIC REGISTIL4TION 'SYSTEMS, INC. , Plaintiff, PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D: BEAR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-5313 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit 1Vo. 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 ,564 GUTSHALL ROAD. BOILING SPRINGS, PA 17007 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAUL J. BEAR, JR., A/K/A PAUL J. BEAR 1101 CLAREMONT RD. CARLISLE, PA 17013 APRIL D. BEAR 355 N. EAST STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: PAUL J. BEAR, JR, A/K/A PAUL J. BEAR 1101 CLAREMONT RD. APRIL D. BEAR CARLISLE, PA 17013 355 N. EAST STREET CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. " 4. Name and. address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has lmowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 564 GUTSHALL 120AD BOII.ING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Bos 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal Imowledge 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. October 201 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ELECTRONIC REGISTRATION SYSTEMS,-INC. `:Plaintiff, v. Defendant(s). CUMBERLAND COUNTY Na: O1-5313 CIVIL TERM October 30, 2001 PAUL. J: BEAR, JR., AlK/A PAUL. J. BEAR APRII I1I3EAR TO: PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR 1101 CLAREMONT RD. 355 N. EAST STREET CARLISLE, PA 17013 CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA7TEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at , 564 GUTSHALL ROAD, BOILING SPRINGS. PA 17007, is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 95,217.30 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. If the Sheriff's sale is postponed,'the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 2. You maybe 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.) 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 f215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed 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 maybe entitled to a shaze of the money which was paid for your house. A schedule of distribufion of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL that certain tract or parcel of land and premises, situate, lying and being in MONROE TOWNSHIP, in Cumberland County, Pennsylvania, more particularly bounded and described as follows: ~ BEGINNING on the East by Mountain Street; on the South by land now or formerly of Gerald R. Bowers; on the West by a 16 foot aitey and on the North by land now or formerly of Milton Cameron; having a frontage on Mountain St;ect of 100 feet and extending at an even width, a depth of I60 feet to the alley in the rear; being improved with a 2 % story frame dwelling house known and numbered as 564 GutshaIl Road, Boiling Springs, Pennsylvania. BEING the same premises which Richard L. Norris, single man, by his Deed dated June I2, 1995 and recorded in the Office of the Recorder pf Deeds in and for Cumberland County, in Record Book I24, Page 130, granted and conveyed unto Paul J. Bear, Jr., marred man, Grantor herein. AND the Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. PACEL # 22-31-2173-012 WRIT OF EXECUTION and/or ATTACHIIAENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Ctunberland NO. 01-5313 CIVIL t~ 'PERM CIVIL ACTION -LAW To satisfy the debt, interest and costs due Mortgage Electronic Registration Systems, Inc. from Paul J. Bear, Jr., A/K/A Paul J. Bear, 1101 Claremont Road, Carlisle, PA 17013 D. Bear, 355 N. East Street, Carlsile, PA 17013 (1) You are directed to levy upon the property of the defendant(s) and to sell See Leaal 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 gamishee(s) is/,are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendaant(s) or otherwise disposing thereof: (3) Ifpropertyofthedefendant(sinotlevieduponansubjecttoattachmentisfoundinthepossessionofanyoneother than a named garnishee, you are directedto notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. AmounlDue $95,217.30 frcxn 10/30/01 to 3/6/02 (per diem Interest 35~~i-Sl~TS~ .~~ Atty's Comm Atty Paid $122.50 Plaintiff paid Date: November 1, 2001 REQUESTING PARTY. Name Frank Federman, Esq. One Penn. Center at Su an a ion Address: ,~1,'-~ ~~ a, a „t ~,a,-,3 Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff __ Telephone: 215-563-7000 L.L. $•50 Due Prothy g] _on Other Costs Curtis R. Long Prothonot~a~ryy,~Civil Division Deputy Supreme Court ID No. 12248 ~E~AL~EST~T 5~~.~ ~~~~: a3 On November 06, 2001, the sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, known and numbered as 564 Gutshall Road, Boiling Springs, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ~ Date: November 06, 2001 By: `~ 8 ~.-( ~. ~~ ~ Real Estate Deputy ~ ~ti ~„~..1: , 4 h7 -- ao d jCa. " , 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. Roger M. Morgenthal, 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: JANUARY 25, FEBRUARY 1, 8, 2002 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. Rog r M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY, 2002 V.Q4S E. 5 ~R, ~a Public Garlisl® , Gaa+~'z h4Y Cor~ri ~ °~es 5, ItF.Ai. EBTATE SALE NO. 23 Writ No. 2001-5313 Civit Mortgage Electronic Registration Systems, Inc. vs. Paul J. Bear. Jr. a/k/a Paul J. Bear and Aprll D. Bear Atty.: Frank Federman ALL that certain tract or pazcel of ]and and premises, situate, lying and being in MONROE 'POWNSHIP, in Cumberland County, Pennsylva- nia. more particularly bounded and described as follows: BEGINNING on the East by Mountain Street; on the South by land now or formerly of Gerald R Bowers; on the West by a 16 foot alley and on the North by land now or formerly of Milton Cameron; hav- ing afrontage on Mountain Street of 100 feet and extending at an even width, a depth of 160 feet to the alley in the rear: being improved with a 2 1/2 story frame dwelling house known and numbered as 564 Gutshall Road, Boiling Springs, Pennsylvania. BEING the same premises which Richazd L. Norris, single man, by his Deed dated June 12, 1995 and recorded in the Office of the Re- corder of Deeds in and for Cum- berland County, in Record Book 124, Page 130, granted and con- veyed unto Paul J. Beaz, Jr., mar- ried man, Grantor herein. AND the Grantor hereby cov- enants and agrees that he will war- rant specially the property hereby conveyed. PARCEL # 22-31-2173-012. r , ~ , ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the 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 Streei, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunda~Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, Ccunty 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 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegaticns 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 cellaneous Book "M", Volume 14, Page 317. f , ~., PUBLICATION COPY SALE#23 22nd day >~fV 2002 A.D. Notarial Seal Tarty L Rues@II, Notary PubRe Hartiebufg, DaupMn County My Commlaslon Expires June 8, 200P NOT RY PUBLIC Member, PennayNania Associatbn of Notan~y commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMMBERLANDCOUNTYCOURTHOUSE 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 $ 230.40 Probating same Notary Fee(s) $ 1 .50 Total $ 231.90 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 .................................................................... 1013313--~-- brrti__...~. _.-~ _ aectronic ~ ~~ ystemi,lna ~eqr, JE. .......... I J. Bear 0. Bear "~` ~_.~. Federman o_r pan2l _of land and nd being ~ N]ONItOE imbedand County, ti~vlazly lwand"ed and. Richazd L ed June 12,. Jc. monied man, ovenan6 and agrees i the properly hereby FEDERMAN & PHELAN By: Daniel G. Schmieg; Esquire Identification No. 62205 One Penn Center at Suburban Station ATTORNEY FOR PETITIONER Suite 1400 Philadelphia, PA 19103 ,(215)563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. PAUL J. BEAR, JR. APRIL D. BEAR COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO.01-5313 CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a true and correct copy of Plaintiff s Motion to Confirm Sale and Divest Interest was served upon the following: Paul J. Bear, Jr. 564 Gutshall Road Boiling Springs, PA 17007 April D. Bear 564 Gutshall Road Boiling Springs, PA 17013 Paul J. Bear, Jr. April D. Bear 1104 Claremont Road 355 N. East Street Carlisle, PA 17013 Carlisle, PA 17013 Conseco Finance Consumer Discount Company f/k/a Greentree Consumer Discount Company 3401 Hartzdale Drive, Suite 132 Camp Hill, PA 17011 Kirkland and Ellis Attn: Dryden J. Liddle, Esquire Citigroup Center 153 East 53`a Street New York, NY 10022 (Continued on next page) .M Dominic Baglio and Shannon Schaefer Conseco Home Equity and Home Improvement Div. 7360 S. Kyrene Road Tempe, AZ 85283 Attorney for Plamhff Brian F. Corey, Esquire General Counsel Conseco Finance Corporation 1100 Landmark Towers 345 St. Peter Street Saint Paul, MN 55102 Becker & Poliakoss, P.A. Attn: Ivan J. Reich 3111 Sterling Road Fort Lauderdale, FL 33312-6566 Respectfully submitted: ~_ / FEDE HELAN,LLP Date: ~/ ~J ~1 By: 'el G. uire ~. .. C3 C r:, c,:: O ~ , -e~a ~ .. ~ ~; -<. ~ ~,> mac:: '_$,~ r" ^ (yy w-~ ryR L -^i ~ C ~ ~~ ....1.....~...ur.... F -~ IvL f t ~ FEDERMAN & PHELAN By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center at Suburban Station ATTORNEY FOR PETITIONER Suite 1400 Philadelphia, PA 19103 (215)563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. .. PAUL J. BEAR, JR. APRIL D. BEAR ORDER COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO.O1-5313 AND NOW, this ~- day of ~~+W~~/~/, 2003, upon consideration of Plaintiff s Motion to Confirm Sale and Divest Interest, Nunc Pro Tunc, and any response thereto, it is hereby ORDERED and DECREED that: 1 2. '~` a.~ ~.~ O The June 5, 2002 Sheriff s Sale of the property located at 564 Gutshall Road, Boiling Springs, PA 17007, is hereby CONFIRMED; and The interest of Greentree Consumer Discount Company in said property is hereby DIVESTED as though fully notified in 3129.2. Pa.R.C.P. J. y,. ~~ °"M"$El~ua~{u~a t;as:.:~. d~uv.r:~a~.-,:.~nw..so., v~ _:,: -.,, zn =~,'v_~o-w~rrswc+a' ~`itd. r'~t. ~ ~ ~~. G\ L; 7~ ~ ~ , C3 <; ~I- ~ ' ~ `j 9 . s`'l, rv ' '~~ :i. ~',: c^, ~ ' - ~ , ~~ C7 ~ ~ ~J ~~~ FEDERMAN & PHELAN By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215)563-7000 ATTORNEY FOR PETITIONER MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. PAUL J. BEAR, JR. APRIL D. BEAR COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY NO. 01-5313 MOTION TO CONFIRM SALE AND DIVEST INTEREST, NUNC PRO TUNC Plaintiff, by and through its counsel, Federman and Phelan, L.L.P., hereby Petitions this Coma to confirm the June 5, 2002 Sheriff's Sale of 564 Gutshall Road, Boiling Springs, PA 17007 (hereinafter the "Property") and to divest the interest of Greentree Consumer Discount Company, nunc pro tunc, and aver as follows: 1. On July 23, 1998, Defendants Paul 7. Bear, Jr. and April D. Bear made, executed and delivered a mortgage upon the premises known as 564 Gutshall Road, Boiling Springs, PA 17007, to Mortgage Investors Corporation which mortgage was recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No. 1470, Page 280, which Mortgage was last assigned by Assignment of Mortgage dated March 23, 2000, and recorded at Book 645, page 943 to Mortgage Electronic Registration Systems, Inc.. The Defendants defaulted on the above-referenced mortgage and, as a result of said default, Plaintiff initiated the instant mortgage foreclosure action. Attached hereto, made party hereof, and marked as Exhibit "A" is a true and correct copy of Plaintiff s Mortgage Foreclosure Complaint. 3. Defendants failed to respond to the Complaint, and Default Judgment was entered on October 30, 2001. Attached hereto, made part hereof, and marked as Exhibit "B" is a true and correct copy of the Praecipe for Judgment. 4. Pursuant to a Writ of Execution, the Property was listed for Sheriff s Sale and Notice of Sheriff s Sale of Real Estate was sent to all lienholders appearing on record. Attached hereto, made part hereof, and marked as Exhibit "C" is a true and correct copy of Plaintiff s Affidavit pursuant to Pa. R.C.P. 3129.1. 5. The Property was first listed for Sheriff s sale for March 6, 2002 but was postponed until June 5, 2002 to make service on the Defendants. The Property was offered at Sheriff s Sale on June 5, 2002 and the Plaintiff was the sole and successful bidder of the property for the costs of sale. 6. By virtue of a mortgage dated 3une 4, 1996, Greentree Consumer Discount Company has an interest in the mortgaged premises but, through inadvertence or mistake, Greentree was not notified of the sale. A subordination agreement in favor of the mortgage on which Plaintiff foreclosed and subordinating that of Greentree's was filed of record on July 23, 1998 in Miscellaneous Book 583, page 606. 8. As there was little to no equity in the property, Greentree's interest was not adversely affected by the June 5, 2002 Sheriff s Sale. _ Al Ms 9. Greentree Consumer Discount Company has been contacted with respect to the within motion and does not object to the relief requested. 10. Due to the length of time elapsing between the mortgage date and the date of the sale, Greentree's interest was not adversely affected by this sale. 11. Plaintiff requests that the June 5, 2002 Sheriff s Sale of the Property be confirmed and that the interest of Greentree Consumer Discount Company be divested, nunc pro font. WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiff s Motion and confirm the June 5, 2002 Sheriff s Sale of the property located at 564 Gutshall Road, Boiling Springs, PA 17007. Respectfully Submitted, Federman and Phelan -----~. Date Daniel G. FEDERMAN & PHELAN By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center at Suburban Station Suite 1400 ATTORNEY FOR PETITIONER Philadelphia, PA 19103 (215)563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CIVIL DIVISION v. PAUL J. BEAR, JR. APRIL D. BEAR CUMBERLAND COUNTY NO.Ol-5313 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO CONFIRM SALE AND DIVEST INTEREST, NUNC PRO TUNC On July 23, 1998, Paul J. Bear, Jr. and April D. Bear made, executed and delivered a mortgage upon the premises known as 564 Gutshall Road, Boiling Springs, PA 17007, to Mortgage Investors Corporation which mortgage was recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No. 1470, Page 280, and which Mortgage was assigned to Mortgage Electronic Registration Systems, Inc. The Defendants defaulted on the above-referenced mortgage and, as a result of said default, Plaintiff initiated the instant mortgage foreclosure action. Following entry of Default Judgment a Writ of Execution was issued and the Property was listed for Sheriff s Sale. Notice of Sheriff s Sale of Real Estate was sent to all lienholders appearing on record. The Property was offered at Sheriff s Sale on June 5, 2002 and the Plaintiff was the sole and successful bidder of the property for the costs of sale. By virtue of a mortgage dated June 4, 1996, Greentree Consumer Discount Company has an interest in the mortgaged premises but, through inadvertence or mistake, Greentree was not notified of the sale. As there was little to no equity in the property, Greentree's interest was not adversely affected by the June 5, 2002 Sheriff s Sale. Additionally, Greentree Consumer Discount Company has been contacted with respect to the within motion and does not object to the relief requested Plaintiff is without an adequate remedy at law and will suffer irreparable harm unless the requested relief is granted as Greentree's interest remains a cloud on title. This Court has plenary power to administer equity according to well-settled principals of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. There is no equity in the property foreclosed and Greentree does not object to the relief. Respectfully submitted: AND PHELAN Date: Z 2/`~ By: Daniel G. Sc teg, E . Attorney for Plaintt FEDERMAN & PHELAN By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center at Suburban Station ATTORNEY FOR PETITIONER Suite 1400 Philadelphia, PA 19103 (215)563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. PAUL J. BEAR, JR. APRIL D. BEAR COURT OF COMMON PLEAS CIVIL DNISION CUMBERLAND COUNTY NO.OI-5313 CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a true and correct copy of Plaintiffls Motion to Confirm Sale and Divest Interest was served upon the following: Paul J. Bear, Jr. 564 Gutshall Road Boiling Springs, PA 17007 Paul J. Bear, Jr. 1104 Claremont Road Carlisle, PA 17013 April D. Bear 564 Gutshall Road Boiling Springs, PA 17013 April D. Bear 355 N. East Street Carlisle, PA 17013 Conseco Finance Consumer Discount Company ftkla Greentree Consumer Discount Company 3401 Hartzdale Drive, Suite 132 Camp Hi11, PA 17011 Kirkland and E11is Attn: Dryden J. Liddle, Esquire Citigroup Center 153 East 53rd Street New York, NY 10022 (Continued on next page) Dominic Baglio and Shannon Schaefer Conseco Home Equity and Home Improvement Div. 7360 S. Kyrene Road Tempe, AZ 85283 Brian F. Corey, Esquire General Counsel Conseco Finance Corporation 1100 Landmark Towers 345 St. Peter Street Saint Paul, MN 55102 Becker & Poliakoss, P.A. Attn: Ivan J. Reich 3111 Sterling Road Fort Lauderdale, FL 33312-6566 submitted: Date: ~ 2~~~ By: Daniel G. Schmieg, ~ Attorney for Plaintiff EXHIBIT "A" FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIItE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRNE SUITE 350 MCLEAN, VA 22102 Plaintiff v. PAUL J. BEAR, JR, A/K/A PAUL J.-BEAR APRII, D. BEAR 726 NORTH HANOVER STREET CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION m ~ '; T -.ern ,:, '~ ~L~ ~ _'_,7 r= ter: o ~~ c~ ~ TER~~M,~-,, NO. O C - .S~,~/3 testa ~~ CUMBERLAND COUN'l~w DGDQ Z~ pc Defendant(s) EQERMAN AND PH~N CIVIL ACTION -LAW A~~~S~ ~~a ~ COMPLAINT IN :~[ORTGAGE FOEtECLOSURE r~,. \ ~'~~_' -- - NOTICE **THIS F[RM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED W[LL 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A L[EN 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 afrer 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 maybe 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. We hereby Ce1tHy the CUMBERLAND COUNTY Wjtlljfl t0 be 8 tN8 8114 CUMBERLAND-COUNTY BAR ASSOCIATIO COIIeCt COpy Of the 2 LIBERTY AVENUE original filed of record CARiisLE, PA 17013 FEDERMAN Aldo PHEWN (717) 249-3166 Loan ~: 505194375BCF •. y. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIItE IDENTIFICATION NO. 1224$ ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHII,ADELPHIA, PA 19103-1814 (2151 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff v. PAUL J. BEAR, JR., A/K/A PAUL 7. BEAR APRIL D. BEAR 726 NORTH HANOVER STREET CARLISLE, PA 17013 Defendant(s) TERM NO. CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION Loan m: 50<194375BCF ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CP/IL DIVISION 2 LIBERTY AVENUE CARLISLE, PA i 7013 (717) 249-3166 We hereby the ~ ~' within to be a true correct copy of the o~rigpyina®®l filed oppfp~r.'~ecord ~Eil ryq~ 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. (1970, 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 DRNE SUITE 350 MCLEAN. VA 22102 2. 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: CTI'IMORTGAGE, INC., DB/A CITICORP MORTGAGE, INC. 27555 FARMINGTON ROAD FARMINGTON HII.LS, MI 483343357 The name(s) and last known address(es) of the Defendant(s) are: PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRII, D. BEAR 726 NORTH HANOVER STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 4. On 7/13/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION, which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1470, Page 280. By Assignment of Mortgage recorded 9/15/98 the mortgage was assigned to SOURCE ONE MORTGAGE SERVICES CORP. which Assignment is recorded in Assignment of Mortgage Book No. 588, Page 502. By Assignment of Mortgage recorded 6/6/2000 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 645, Page 943. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/01 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. 7. The following amounts are due on the mortgage: Principal Balance $85,941.03 Interest 3,048.80 3/1/01 through 9/1/01 (Per Diem $16.48) Attorney's Fees 4,000.00 Cumulative Late Charges 142.20 7/13/998 to 9/1/01 Cost of Suit and Title Search 550.00 Subtotal $93,682.03 Escrow Credit 0.00 Deficit 562.95 Subtotal $ >62.95 TOTAL $94,244.98 8. The attorney's fees set forth above are inconformity 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. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $94,244.98, together with interest from 9/1/01 at the rate of $16.48 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. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL chat certain tract or parcel of land and premises, situate, Iying and being in MONROE TOWNSHIP, is Cumberland County, Pennsylvania,.moreporticularly bounded and described as follows: ~ BEGINNING on the East by Mountain Street; on the South by land now or formerly of Gerald R. Bowers; on the West by a 16 foot al ley and on the North by land now or formerly of Ivf i hon Cameron; having a frontage on Mountain Street of F 00 feet and extending at an even widU~, a depth of i 60 feet to the alley in the rear; being improved with a 2 % story frame dwetling house known and numbered as 564 Gutshali Road, Boiling Springs, Pennsylvania. VERIFICATION PERRY POLLARD hereby states that he is NfANAGER of CITIMORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that he 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 his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 13 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: ~S/©1 EXHIBIT "B" ~,.v: FEDfi:RMAN:ICND'EBELAN • , ir~*~s Bys :FRANK FEDERMAN Identlfieation No.12248 Attor.nel , for'Pl airtiff GATE PENN: CENTER AT SUBURBAN STATION 161'7<JOIIN FE~NNEDY BIND., SUITE 1400 EPHIh;;iiDEL~IHA; PA. 19103=1814 't2Y5F':5637000 MO1TGAGE ELECTRONIC REGISTRATION SYS`T'EMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 .CUMBERLAND COUNTY COURT: OF COMMON PLEAS CIVII. DIVISION Plaintiff, v NO. 01-5313 CI VII, TERM ~ v PAU1. J. BEAR, JR., A/K/A PAUL J. BEAR ~ ~~~ .. n ~-~ APRIL D. BEAR ~~{E~Yr~'FqI~I'~. ~, ~ '';'. Q~ E~~7~ M • °~ G i ~. ~, r: M ~ = (~ c;_CJ zE ;~! 1 Defendants . ;~ PRAECIPE FOR JUDGMENT FOR FAILURE TO ~ ~ ~~ ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PAUL J. BEAR, JR.. A/K/A PAUL J. BEAR and APRIL D. BEAR, 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 9/1/01 to 10/30J01 TOTAL $94,244.98 $972.32 $95,217.30 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) aze as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~~~~ ~ ~~~~i~~ 6!'F'~l.L's3,P4 FRANK FEDERMAN, ESQUIRE ~t-~~~~ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY FEAERMANANDPHELAN, . By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN=F: KC+1Vl•TEDY 1iLVD., SUITE 1400 ' PHILADELPHIA, PA 19103-1814 (2151563-7000 MORTGAGE~EL-ECTRONIC REGISTRATION SYSTEMS, ING 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, v. , PAUL J.-BEAR, JR., A/K/A PAUL J. BEAR . APRIL D. BEAR CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5313 CIVIL TERM Defendant(s). . PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PAUL J. BEAR. JR.. A/K/A PAUL J. BEAR and APRIL D. BEAR, 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 9/1/01 to 10/30/01 TOTAL $94,244.98 $972.32 $95,217.30 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 INDICATED. DATE: PRO PROTHY (Rule of Civil Procedure No. 236) -Revised IL~THE`COURT~OF COMMON-PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. PAUL J. BEAR, JR, AIK/A PAUL J. BEAR . APRIL D. BEAR . Defendant(s). , CIVII, DIVISION NO. 01-5313 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 2001 . By: DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 **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 WA5 NOT REAFFII2MED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDE;RIVIAN:apsi 1'IELAN By: FRAM{ FEDERMAN IdceBY~on- N.o.;12248 ON~,PENIH-CFNTERAT,SUBURBAN STATION 161aJ011Pi F. I{ENNEDY BLVD., SUITE 1400 1?H[I.ADTLPHIA, PA 19103-1814 (21.~~`563=700n M01tTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, v. PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRII.D.BEAR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-5313 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PAUL J. BEAR, JR., A/K/A PAUL J. BEAR is over 18 years of age and resides at , 1101 CLAREMONT RD., CARLISLE, PA 17013 . (c) that defendant APRIL D. BEAR is over I8 years of age, and resides at, 355 N. EAST STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANKFEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMANANII PH$LAN BIF' FRANK FEDERMAN, ESQUIl2E Ideutif cation Na.:1'2248 lb t7-John E. Kennedy Boulevard Suite 1400 Phiiadzlphia;.PA 19103-1814 ~Z~sF~~~nnn MORTGAGE:EI;ECTRONIC REGISTRATION.:S`ISTEMS,INO. Plaintiff vs. PAUL J. BEAR JR. A/K/A PAUL J. BEAR APRIL D. BEAR Defendant(s) Attorney for Plaintiff COURT OF..COMMON-.PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-5313-CIVIL G ~~,,P., \~~~ TO: PAUL J. BEAR JR. A/K/A PAUL J. BEAR 1101 CLAREMONT RD. CARLISLE PA 17013 DATE OF NOTICE: OCTOBER 16, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten {10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do-not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-31b6 d,,~ ~,v.~,~ Frank Federman, Esquire Attorney for Plaintiff FED$RMAN.AND PHEI;AN BY: FRANK_FEpERNIAN,FSQUIRE Identification, IWo: 12248 :. 1617 John F: Kennedy Boulevard Suite 1400 Philadelphia;F~A.191:03-1 & 14 (?_ 15~.Sfi3-7(1(1(1 MORTGAGE EL~CTRONLC REGISTRATI.ON &YSTEMS,INC. Plaintiff vs. PAUL J. BEAR JR. A/K/A PAUL J. BEAR APRIL D. BEAR Defendant T0: APRIL D. BEAR 355 N. EAST STREET CARLISLE, PA 17013 DATE OF NOTICE: OCTOBER 16, 2001 ~~~~ ~~~~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THiS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 Frank Federman, Esquire Attorney for Plaintiff Attorney for Plaintiff COURT :OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-5313-CIVIL FEDERMAN AND PHELAN BY:.ERANK FEDERMAN, ESQUIRE Identification IVo: 12248 1612 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA-14103-1814 (21.~ 5~3=7nnn MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff vs. PAUL J. BEAR JR. A/K/A PAUL J. BEAR APRIL D. BEAR Defendant TO: APRIL D. BEAR 755 N. EAST STREET CARLISLE, PA 17013 DATE OF NOTICE: OCTOBER 16, 2001 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-5313-CIVIL ~ C 1 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS~SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLLSLE, PA 17013 (717) 249-3166 'f ,~AI.~L'~ Frank Federman, Esquire Attorney for Plaintiff EXHIBIT "C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION vs. PAUL J. BEAR, JR. ) CIVIL DIVISION APRIL D. BEAR ) NO. 01-5313 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 11/1/01 & 3118102 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 1111101 & 3/18/02 by certified mail. return receipt requested see Exhibit "B" attached hereto. DATE: April 18. 2002 F NK FEDER AN, ESQUIRE Attorney for Plaintiff 00 o. z= a `~ J N N W R o xa~ a ,~::a 0. Z i aUm ~ e 'O a W a a O o =° k'Fg a c ,, a y a ~ c Ear a ,_ Z a o L Y L y F c c x c w _Wot [i E m o F ~ .$a5 - i y ~, ~ - ~~, { -. v E. ~ A ~ F ~ A ~ ~ F ~- y~ - _ MA&I~~2~ ~ ~ i aw~Lw ~ E O .V . \\ n6 h151`? i a a - ~ ~ ~ 4t ... ~?~ 6058360 ` C O 0 R y 4 .a c u ~ ., o. C G v m o a»'a c ° i E -° u ~'° cxd~ i e E o o c ~ E v ~° ° ~ - - d~ L ' ~ , a m . - 0 0 a 8 a d~ `ce~n c rca . ~ ` = L_ c vi m d" E"'m L $ y w `~ a' a° ~ ! _ ~ E o T ~ T O, ~! ^GI atl ~ ~R_E„a c ~ . c ~ o c W ~ y y o'EiE'~ m m ~$ F G W E a E ~ ~ E ~ .~ `o ~:: ~E'o~Ed diemowE F E ~ `o E q e v u `e E y 0. 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J o ~ r ~ C7 w oa ~ s~~e Nw_~K ~ 4 t ~ ~ 0. ~ V F`"~e H W V; ~ ~ N a vw ~ J O % V ~ ~ s o ~ v ~ N W ~ O t aa~8 mO ~ ~ Q O E ~ o o vv o a ~ y o°~ `~ a _ ~ C7 ~.D 9 X O ~ ~ -' x W 3 ^ egg ~ FN o w ~~~os z o ~ ~~~w~ c~ o v w o U x A .~ O o ~ ~ a ~ `A o v ~ ~ I ~ w ~ a' z ~ w ° x v H ~ ~, d ~ W ~ V V v .. o U ~ ~ a o 9 . . E" O ` a ~ ~ ~ ~ ~ ~ zv E z ~~ " z A V ~ F°. x m d ~ Z ~ M ~ U P. ~ V• ~ v c ~ ~ a w ~ v 2~; ~ I - I '~ - ~ i `' I ` µ N m <t vi li ~D I P' 00 ~i ~ 1 I o z f ', N '~ m V '~ o v . ?]~ 4575.1294.4773 3933 ~ 71U6 4575 1294 4773 394Q ~~ - ' ~, TO: PAUL J. BEAR, JR, A/K/A PAUL J_ BEAR TO: APRIL D. BEAR 1101 CLA1tEMON: RD. 355 N. EAST STREET CARLISLE, PA 17023 ~ CARLISLE, PA 17013 SENDER: LEO i ;i SENDER: " LEO REFERENCE: SALES (SOS 194375) t j REFERENCE: SALES (SOS 194375) i i { PS Farm 3800 June 2000 j.; r PS Fgrm 3800, June 2000 ~~ RETURN Postage ~ RETURN Postage i RECEIPT Certified Fee 1 SERVICE- - I RECEIPT Certified Fee - - ~ SERVICE ~ 1D Return Receipt Fee i Return Receipt Fee Resldc[ed DeBve i ry Restricted Delivery ~ ___ ' ~" Total Postage 8 Fees ~ _ ~ _ Total Postage 8 Fees US Postal Service. ~ ~~OR ~ i US Postal Service Receipt for ~ ~m C 3 ~ Receipt for ~ ~ ~~ Certified Mail `~ ~~ Certified Mail. a' ~.~ ___ ~•~,~,, ~ d d ~" !1}la ~r,, , IIN ~ N I ~ tJO Insumnce Coverage Provi e o nsurance Coverage Provided ~~ Da NM Use for mlernatbnal Mml { Do NM Use for international Mail i _., • ~ 7160 3901 9844 ?039 2470 ~ i 716Q 3901 -9844 -7039 2487 ~~~~~ ~~c" i TO: APRIL D. BEAR ~ TO: PAUL J. BEAR, JR., A/IUA PAUL J. BEAR 355 N. EAST STREET i 1101_ CLAREMONT ROAD CARLISLE, PA 17013 ! CARLISLE, PA 17013 SENDER: ~qD REFERENCE; SALES BEAR SENDER: [cMD REFERENCE: SALES BEAR i RETURN Postage I RETURN Postage j RECEIPT Certified Fee SERVICE 2.10 RECEIPT i SERVICE ~~~ Fee Return Receryi Fee r 1.90 ^T Return Receipt Fee Restruded Delivery 3.20 I i Restricted Delivery Total Postage & Fees 7.5Q Total Postage 8 Fees US Postal Service POS ~ F,p ~ ~ US Postal Service Receipt for ,g Z00~ ~ ~. Receipt for Certified Maii a ~ ~ Certified M il ~ a No Insurance Coverage Provided ~~~. ~ /~~' No Insurance Covemge provided Do Nat Use for IMernaBOnal MmT - -(J~~S ~ ~ Do Not Use for IMemational Mail i _ ?160 3901 9844 7039 2500 'O; PAUL J. BEAR, IR., A/K/A PAUL J. BEAR 544 GUTSHALL ROAD, BOILING SPRINGS, PA 17007 LENDER: KMD tEFERENCE: SALES BEAR IETURN Postage .3.4 IECFJPT Certified Fee 2.10 ERVICE Return Receipt Fee 1.90 Restricted Delivery 3.20 Total Postage & Fees ' ~ [} US postal Service PO 77M( OIV@l/q'E ~Z~ Receipt for m V~ g Certified Mail ~~ ~y ~ ~ . vs~s to Insurance Cave2ge Providetl b Not Use for International Map r 7160 3901 9844 7039 2494 TO: APRIL D. BEAR 564 GUTSHALL ROAD, BOILING SPRINGS, PA 77007 SENDER: gTvID REFERENCE: SALES BEAR ~ RETURN rostage l RECEIPT Cedified Feo SERVICE ~ Total Postage RFees US Postal Service POSI Receipt for Certified Mail No Msutance Coverage Provided S Do Not Use for International Map NV~! ., . VERIFICATION I, Daniel G. Schmieg, Esquire, hereby states that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff s Motion to Confirm Sheriff's Sale and Divest Interest, Nunc Pro Tunc, is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. /(~ s~ Y ~ ~.. ~ t : r iRr=_ _ _ '...~ `~ 1 _tl `_1 i ~'( .. -{ `~ a c LIAR q 4 Zqq[ FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC vs. PAUL J BEAR, JR., A/K/A PAUL J BEAR APRIL D BEAR ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-5313 ORDER AND NOW, this J dayof- ~~~~`n"v' ; 2002, 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), PAUL J BEAR, JR., A/K/A PAUL J BEAR and APRIL D BEAR, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and the mortgaged premises. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file witl Cam' RxS o ~-oc~~oa ~.U ~e~eR~a~ rvice. w.... ~ ~-s~~ ., r ~ ,F ,~ ~~~~~:.~~~~ '~Nn~ry`~r~i7~snn, .7 j : rJ r , ~Jyy~~~'~ ~,, ~~ ~._. . ,,,J, -. 'r,, ,-; .//~ ~~ FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC vs. PAUL 7 BEAR, 7R, A/KfA PAUL 7 BEAR APRIL D BEAR CUMBERLAND COUNTY No.: 01-5313 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 have 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 results 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 01!05:'2002 13:30 8567406845 Jar, 04 02 11:332 Mlohelle Guyton AFIrTDAV1'P Ok' SBRVtC)r PLAINTIFF MORTGAGE ELECTRONIC RECiSTRATipN SVST.~'.5.~1!?l r DEFIF.IVDAN'I'(S) YAIII..[, BK.A[L,Jtty A/14/A YAl,ll..l_ BEAR APR11, 1). BNSAB SH;kIVN: APltll. U. Rk,ARAI': ?2611ANUVElt STI;;EET r.ARtisY.uE,PA. pals PAGE 05 J P~~ 717-960-9262 CUM.L•sL12LANll CUUNI'Y ACCT. {!505194375 Type of Aolian ^ Ntlllea of Sheriff's Sxla Sxlc Dxte: MARCIi 6, 2002 aFnvF,n Served and made known to o f Prttnsylvania, in the manner described holow: p.2 Acfendan; oa the day of . ZUU_ Defendant persmutlty served. _____ Aduh fnntily mention with whutn Pcfcadnnt(s} n:sidC(s), Rclaliooship is Adn1)ittr..bar,~~s€Z~e~dp~t;s;°s^•e>idenca °altoyta 8iroe Warne ar rciation4iip. Manager/c:lerk ol'plnee of lotig~lg in which I)etendant(a) reside(s). Agert or perrnu in duvge nCDefeminnt(s)'s olYice ur ttsual plena uCbttsiru.^as. an nCficcr nfsaid Tkfendant(s)'s rumpany Other: Commonwealth Description: ARe ~_ Height _ WCigitl__ tract: _____ SCx Oihcr t, ..,._ _ . a cozapetent adui; being duly sworn ac¢ordiag ro law, dep~o DDd state tlmt 1 personally itandad a true ttrul correct copy oYS1te Notice of SharifF~s ale lu the tnmmer ns set Cordt tlen:in, iasu~d in the txpdnncd t~ vtvc nn nc~ dart and at the address indicated alwve. Sworn to and subscribed neforc tnc this _~ day of , lUU_ Nutmy: By: NOT SRI{VF.D On th~~d day nr. T,'~f]~ 200, st 11,^tU o'clockl'~,m., Defendant NO'f k'OUNU hecnuse: Moacd Utlknown _ Nn Atuwer k, l.~R Vesta `l ~~,; ~ ~ ` -~,~~ h~G~ a ~ ~.t6 - +~ adc~~s t3-~ot,sa„ San 3n ~ 001 • ~ 10C~~ Pr,etrw~Y.•et~lnnd• ig 11Q \T~ciwt, ~ot i!ti $wotn to atul subscribod ~J/ before nle dos '1 day n t y'~. pC4~'~'t of , 200? :: (~1// Nu t I'Sy: ~~atV i ~Aff~nr nip • /f I Frank pcdcfroad; Ebquirc - I.D. i~Sv.1224R • Ova Pean Cxntar ><t Sviturhstn Station 1617 Jnhn F. T~ennctly Jfottleeartl, Svlte 1400 Philadelphia, PA 191D3-1814 (210 503-7000 tacmrit~t sc:ai i ~y~ W,n ~ 6tcaawt, r;ot.~ry public ! ~i/1f'1~8~~ t1AN cr,, :^ uor+:, Wix'ah,tr.,rt:: CotmN ~11i7 fl I1 AFFIDAVIT OF SERVICE `PI.A~`i'I'IFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR SERVE APRIL D. BEAR AT 355 N. EAST STREET CARLISLE, PA 17013 Served and made known to at ,o'clock _ m., at 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 relarionship. ManagerlClerk 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 Commonwealth I, . a competent adult, being duly swam according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs 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: NOT SERVED On the J~ day of NaO'"~~ ¢'~ , 200 1_, at ~ ~ ~ 3a o'clock ~.m, Defendant NOT FOiJND because: Moved _ Unlmown! No Answer Vacant 1 \ f O er: ~0~ a~~fie.55. Cd'R.~~~S12 pa s~- o~lct aOCR~-SS ~S N°N- o2,~ve Ka ~, e- Sworn to and subscribed ` ' '~d f^r~-' l• ~G before me this t9f"r- day ~~~+ ~. 30A'f,"„1, Pdct~;~ ?eu1Se ~ of ~{7ae,t'rcbtt, 200 1. ~ G+~amu;~ aaurg 0oto. l:tanitiin ,autvy ~„ B ~y canmi~On Exq-es ~ec.15, 2~ Notary: ~.yt«.~Tb ~ ~''~ Y: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 On¢ Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 ~v p (21~ 563-7000 _'~ MIPIT "/~° ~~~_ CUMBERLAND COUNTY ~ No. 01-5313 CIVIL TERM ACCT. #505194375 Type of Action - Notice of Sheriffs Sale Sale Date:1~IARCH 6, 2002 SERVED ,Defendant, on the day of , 200_, Mortgage Electronic Registration Systems, Inc. VS Paul J. Bear, Jr. a/k/a Paul J. Bear and April D. Bear In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5313 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 06, 2001 at 3:55 o'clock P.M., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Paul J. Bear, Jr. a/k/a Paul J. Bear, by making known unto Paul J. Bear personally, at The Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: April D. Bear, but was unable to locate`her at 335-North East Street, Carlisle, Cumberland County, Pennsylvania. A further search by Deputy Shawn Harrison at the Carlisle Post Office revealed the defendant left'a foivvarding address of 726 North Hanover Street, Cazlisle, Cumberland County; ,Eennsylvana. On November 7, 2001, Deputy Dawn Kell seazched 726 North Hanover Street,,Carlisle, Cumberland County; Pennsylvania forthe within named 'defendant;, April D. Bear, but was unable to locate her at that address. Defendant moved again; but did not leave a forwarding address. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 04, 2002 at 3:23 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Faul J. Bear, Jr. a/lda Paul J. Bear and April D. Bear located at 564 vutshall Road, Boiling Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Paul J. Bear, Jr. a/k!a Paul J. Bear, by regular mail to his last known address of The Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff s Office. Swom and subscribed to before me So AnQsw~ers: This _ day of ~~~ ~~r-r-~ R. Thomas Kline, Sheriff 2002, A.D. Prothonotary BIB-~~'CLi_ ~ rG'!~Le,~ Real Estate Deputy EXHIBIT °A•• c \~ !~- ~ l r EKL DATA, INC AFFIDAVIT OF GOOD FAITH INVESTIGATION ILoan Number: File Number: Attorney Firm: Federman & Phelan Subject: April D. Bear Property Address 564 Gutshall Road Boiling Springs, PA 17007 Last Known Address: 355 N. East Street Carlisle, PA 17013 Current Address: 726 N. Hanover Street Carlisle, PA 17013 Last Known Number: 717 258-8002 George H. Lewis, III, being duly sworn according to ]aw, deposes and says L I am employed in the capacity of researcher for EKL DATA, INC. 2. On December 10, 2001, [conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: Credit Information A. Social Security Numbet 1. April D. Bear: 444-74-1963 B. Employment Search: Could not locate any employment information for the above named subject at this time. C. Inquiry of Creditors: The creditors indicated that April D. Bear resides at 726 N. Hanover Street, Carlisle, PA 17013. II. Inquiry of Telephone Company A. Directory Assistance Search: The Telephone Company has April D. Bear listed with anaddress of 726 N. Hanover Street, Carlisle, PA 17013. The phone number is 717 258-8002. Called number and verified that the above named subject does reside at 726 N. Hanover Street. III. Inquiry of Neighbors N/A IV. Inquiry of Post Office A. National Address Update: As of December t0, 2001 [he National Change of Address has no forwarding record t'or April D. Bear listed at 726 N. Hanover Street, Carlisle, PA 17013. V. Inquiry of DMV The Pennsylvania Department of Motor Vehicles has April D. Bear listed at 726 N. Hanover Street, Carlisle, PA 17013. I. ...,_ w -.. ... 14. . .._ __.• ~tvp EKL DATA, INC AFFIDAVIT OF GOOD FAITH INVESTIGATION VI. Other Inquiries A. Death Records: As of December i0, 2001 the Social Security Death Index has no death record un 1"iie fi;r Aprii .~.uear ;;,:der her social security number. B. Public Licenses None Found C. County Voter Registration: The county does have April D. Bear listed as a registered voter with an address of 726 N. Hanover Street, Carlisle, PA 17013. D. D.O.B.: April D. Bear: 12/00/1966 E. Miscellaneous Information None v~ ~--~-- George H Lewis III Subscribed and sworn before me on December 10, 2001. ~(~w~~~ (~~~"'~ r" ~ '' r`" t' Notarial Seal Notary Public Ellen K Lewis, Notary PuWk Lower Marion Twp., Morttgomerryy County My Commission Exptea Feb. 24, 2003 EICL DATA, INC. O 66 Brookline Boulevard O Havertown, PA 19053 Tel.: 1-885-829-5768 O Fax: 610-446-2779 O email: ekl-data@home.com E~~1QI°I° i5,~ FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPI3IA, PA 19103-1814 COURT OF COMMON PLEAS (2151563-7000 CIVIL DIVISION CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC No.: 01-5313 vs. PAUL J BEAR, JR., A/K/A PAUL J BEAR APRIL D BEAR MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall 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 Sheriff s'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 (197b). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoration of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriff has 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 of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: /r/~ ~,~v~___" FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAIN'T'IFF 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 unsworn falsification to authorities. RANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 1215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC vs. PAUL 7 BEAR, 3R., AJK1A PAUL 7 BEAR APRIL D BEAR ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-5313 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 February 27, 2002. PAUL J BEAR, JR., A/K/A PAUL J BEAR APRIL D BEAR 1101 CLAREMONT ROAD CARLISLE, PA 17013 RANK FEDERMAN, ESQUIItE Attorney for Plaintiff Date: February 27, 2002 i ' 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION vs. PAUL J. BEAR, JR. ) CIVIL DIVISION APRIL D. BEAR ) NO. 01-5313 AFFIDAVIT OF SERVICE PiURSUANT 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 11/1/01 & 3118/02 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 11/1101 & 3/18102 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: April 18, 2002 F NK FEDER AN, ESQUIRE Attorney for Plaintiff S P r ~.~ ~~~ xad, w -~ ,yea z 9 °i dU= Q L 4 W W •°o A o 9 ~" F os. o ~ ~ y d m a ° i v EaN W a W Z a O =~d F a c ti W °o z ~ ~ E •o o F ' e > a C N C 3 ` q~ a ~ ~, ~ ~~"~h• OSFAGL /' ff S 4 J/1v ~ ~ ~ 0 9 . ~MAftIS"J2n ~F~~~. _ a ." mt d d .: p vs a~~r., « ., a-r ° o ~.~ e d e eom ° ,duo: w o = w.W c " ° G K y ° - p . d E o e ~ i E y d O O .~ y 'J O d 0- O a«~a i'~ C C ~ j, ~ N y e O O 0 p r a ad. °' c e m ~ d o Y o a d o ° E d> .. `~ • ' y m e ~ '~ ~a EaOO~ W T > > T(~ >w,~,Ew c ca e ~ o a ~ °e e'Ew E•Em E'•s E~ a ~ d F e W E d . '~' v • E ° u E - e e i e t . „? 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Pr fR ~ w ' '3 n q ~ ~ C7 J a T a ~ a ~~_~ ~ U w o~ °~ ~ A ^~ N H ~+ P' N qL'v ~a o i L~ o ~ avxn~ a o ~.5 uaa ~ I gg '~ > W O a ~° kr O (G7~~y / Q ~ 00'04 O'F ^ N ~ W o - w ° •• E v a x w ~ 4° ~a ~' ~~~~~ w ~ `~N O ~~ z o ~ ~~~w~ ~ c ~ ~ a o Q ~ o Q z ~ E ¢ ' 6 ~ . j q .a ' F G w 'y a _ O 9L a I/ ' ~ ' - l ~A 9O j W ~ FF -lrl~~ '^~O W 00 0 a ~ i O w0 w d y ~ a d W U vv O u ti ~ ~ a. p 0 ~ Q `o ~ ~ m z~ E z S a Z Q H H v m E 7 Z ~ ~ P~ M ~ ~ V ~ ti c y L Q r_l ~W ^ N N T N t P z '' p N M 7 vl ~O r m ~ O N M V vi 5 'N' ~-~ F P ~~~,~. " ~ 7106 4575 1294 4773 3933 ~ 7106 4575 1294 4773 3940 " i T0: PAUL T. BEAR, JR, A/IUA PAUL J. BEAR i TO: APRIL D. $EAR . 1101 CLAREMON:`RD: - ~ 355 N. EAST STREET CARLISLE, PA 17013 i CARLISLE, PA 17013 i i SENDER: LEO SENDER: LEO i i REFERENCE: SALES (S0S194375) ~ REFERENCE: SALES (505194375) ~ AETURN Postage 2fl ~ AETUAN Postage, - RECEIPT Cerfified Fee i SERVICE I RECEIPT Certified Fee - ~ SERVICE ~ Return Receipt Fee 1 SO 10 j Retum Receipt Fee Restricted Delivery i Restriged Delivery ~ ~~__ ~- Total Postage RFees ~ I _ ~ ToW Postage & Fees I US Postal Service P ~ K oR i US Postal Servica ~ ~ - ~ ~ y Receipt far s ~~ 3 ! Receipt for ~ "' ~~ a ~ ; Certified Mail ~, ~~ Certified Mail aq .~ ___ $ mss,,,, ~ d'~ - ~~Ha j No Insurance Coverage Provided r LF~ j No Insurance Coverage Providetl ~ Do Nor Use for International Mail I Po Not Use for tMertytional Mail ~ `_ I ~ 7160 3901 9844 7039 2470 ~ ! 7160 3901 9844 7039 2487 i TO: APRIL D. BEAR + TO: PAUL 7. BEAR, JR., A/K/A PAUL J BEAR I 3SS N. EAST STREET . ~ 1101 CLAREMONT ROAD CARLISLE, PA 17013 CARLISLE, PA 17013 i SENDER: I~ID ! REFERENCE: SALES BEAR SENDER: KMD REFERENCE: SALES BEAR RETURN Postage - ~ RETURN Postage j RECEIPT Certified Fee SERVICE 2 10 ~ RECEIPT ~~~ Fea ! SERVICE Relum Recei Fee Pt 1.90 ~ Retum Receipt Fee ~ RestriMed Delivery 3.20 ~ Restricted belivery ~~ Total Postage & Fees ,54 Total Postage & Feea US Postal Service Po ~ Fop ~ ~ US Postal Service Receip# for ~ l~ ~ Receipt for , Certi#ied Mai! a ~ ~ ~ Certified Mail ~ ~ ~ No Insurance Coverage Provided `~. ,/p>° No Insurance Crnarage provided i Do No[ Use for International Mail (JS`ys ~ D~ 1 Do Not Use for International Mail 7160 3901 9844 7039 2500 TO: PAUL J. BEAR, 7R., A/K/A PAUL J. BEAR 564 GUTSHALL ROAD, BOILING SPRINGS, PA 17007 SENDER: ICnrID REFERENCE: SALES BEAR RETURN RECEIPT SERVICE Fee Restriced Delivery Total Postage R Fees US POStaI Service 77~ppp~~ PO K OI~'411p Receipt for ~ 8T ~VW Certified Mail ~` ~ ~~~' No Insurence Coverage Provided Do Not Us®for International Mail 7160 3901 9844 7039 2494 + TO: APRIL D. BEAR j 564 GUTSHALL ROAD, BOILING SPRINGS, PA 17007 i SENDER: ICMD REFERENCE: SALES BEAR RETURN rostage q I RECEIPT Certiged Pee 2.10 I SERVICE 1 Retum Receipt Pee 1.90 I j Restricted Delivery 0 ~ Total Postage & Fees Q~ US POSyzI Service ~ POS OR D Z Receipt for ~ ~~ ~ ~ ~ , Certified Mail y 'r~ usr~s .~ ~ No Insurance Coveage Provided j Do Not Use for International Mall y~hb -'-xa•1i4"~~1k4Ff#+4!'F~Pg'Xi}Auk~$15rt:d'r:KtkY4~6 ~2va#:~...~e~~ d..k _s_^s. 1,.-?PJ'rv:~}L:BY`9p"£`lSd~i~~-. •~ '= 'te_ (~ i 7 ' ~- i~a in r. _, ` ~~, e.. ~ . ,.i,_ , ~;~. ' r ; o _ - C7 _.- ' y'c= .. =i ,~ w -G Q~ J~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUII2E IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CIVII. DP/ISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff v. PAUL J. BEAR, JR, A/K/A PAUL J. BEAR APRIL D. BEAR 726 NORTH HANOVER STREET CARLISLE, PA 17013 Defendant(s) NO. v- -. say TERM ~~ U i ~~~-~'1 CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFHiMED, 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 #: 505194375/BCF 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 2. 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: CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, INC. 27555 FARMINGTON ROAD FARMINGTON HILLS, MI 48334-3357 3. The name(s) and last known address(es) of the Defendant(s) aze: PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR 726 NORTH HANOVER STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 4. On 7/13/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION, which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1470, Page 280. By Assignment of Mortgage recorded 9/15/98 the mortgage was assigned to SOURCE ONE MORTGAGE SERVICES CORP. which Assignment is recorded in Assignment of Mortgage Book No. 588, Page 502. By Assignment of Mortgage recorded 6/6/2000 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 645, Page 943. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/01 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 aze collectible forthwith. The following amounts are due on the mortgage: Principal Balance $85 941.03 Interest 3,048.80 3/1/01 through 9/1/01 (Per Diem $16.48) Attorney's Fees 4,000.00 Cumulative Late Charges 142.20 7/13/998 to 9/1/01 Cost of Suit and Title Search 550.00 Subtotal $93,682.03 Escrow Credit 0.00 Deficit 562.95 Subtotal $ 562.95 TOTAL $94,244.98 8. 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. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $94,244.98, together with interest from 9/1/01 at the rate of $16.48 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. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff r~ ALL that certain tract ar parcel of land and premises, situate, lying and being in MONROE TOWNSHIP, in Cumberland County, Pennsylvania, more particularly bounded and described as follows: ~ BEGINNRJG on the East by Mountain Street; on the South by land now or formerly of Gerald R. Bowers; on the West by a 16 foot alley and on the North by land now or formerly of Milton Cameron; having a frontage on Mountain Street of 100 feet and extending at an even width, a depth of 160 feet to the alley in fhe rear; being improved with a 2 %x story frame dwelling house known and numbered as 564 Gutshall Raad, Boiling Springs, Pennsylvania. ,. r, `. VERIFICATION PERRY POLLARD hereby states that he is MANAGER of CITIMORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that ,.- the statements made in the foregoing Civil Acfion in Mortgage Foreclosure aze true and correct to the best of his 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 DATE: ~ S /~ ,, :~ ~~ ~ ,~ 1 ~ ~c h O c-> ~ ~-. c °--~ ,~ ~ ~ ?-, f , ~:~ -~ _ O ~ ~ ;~, .,.1~ U~ e... l~= /~ ~ 1 ~ ~• ~ t 'i~l V ~ AC ~ __ ~/ ~i(i z ~ ~ . ," SHERIFF'S RETURN - REGULAR CASE NO: 2001-05313 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC RESISTRATI VS BEAR PAUL J JR ET AL GERALD WORTHINGTON 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 PAUL J JR DEFENDANT the at 1551:00 HOURS, on the 12th day of September, 2001 at 1101 CLAREMONT RD CARLISLE, PA 17013 by handing to PAUL J BEAR JR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me thi9 ~ day of -~ a~ - - rothono So Answers: ~~ R. Thomas Kline 09/13/2001 FEDERMAN & PHELAN By'c ~Q~~ ~~- Deputy riff _..~., ~.___... m..~~....:_..... _ • ,; SHERIFF'S RETURN - REGULAR CASE NO: 2001-05313 P e COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC RESISTRATI VS BEAR PAUL J JR ET AL GERALD WORTHINGTON 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 APRIL D the DEFENDANT at 1559:00 HOURS, on the 12th day of September, 2001 at 355 E NORTH ST CARLISLE, PA 17013 by handing to L BEAR 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 3.25 Affidavit .00 Surcharge 10.00 .00 19.25 Sworn and Subscribed to before meQthis ~X~ day of ~ Q .~ ~ Prothonotary So Answers: ~~~ R. Thomas Kline 09/12/2001 FEDERMAN & PHELAN By ~" Deputy eriff r FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 -ONE PENN CENTER PHILADELPHIA, PA 19103 215)563-7000 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS vs. PAUL J. BEAR, JR. APRIL D. BEAR CIVIL DIVISION NO.OI-5313 I hereby certify that a true and correct copy of the Notice of Sheriff s Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) PAUL J. BEAR, JR. & APRIL D. BEAR on 3/18/02 as evidenced by the attached receipts, in accordance with the Order of Court dated, 3/5/02. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsification to authorities. I;~'. N C FEDE ~, ESQUIRE - ATTORNEY FOR PLAINTIFF DATE: March 19, 2002 ~~' ._x s ^*y~.~-. • ~,< i gg902 e~ ~~ ~`+ u~ ro y 'O ~, A ~ R °' z r N O V W V P V, Y W N ~.. ~ ~A P ~ `G ° - * * Z a n m ~ , + ~ , » °.7 ~ a. » + 3 ~ ~ m i ~ zy Rd nWa Nro n~ro ~a eou,a oaro w~ro opa m ~?~ r ~ ~n~ ~n~ A Az n A ~3 ~ ra. ra~ n~,. n~W a roP ~ ~~trJ h]77 [f l+f rn 'rL'b7 ro m'37 [~f a `A' c ~ Yy~ ~ ~~~ yy ~~77 y .. ~, _ yp Z O J ~ J t'. ~ ~. 4 '. y W y W~ ro o ro O w da m ~ a ;, i "d a o ~ e ro ~ a a o, r r 3 s ~ I ° m to d ° ~ ~ m < ~ :%'° a q H 3 m A R e ao 0 e e rvo . ~. "3r°ie3 o. ~ ~ _ = 3 ' _.ay^ a~ ° 3 3 A " 3 _ ' m ? 3 ~ ~ o 0 c~ k '2. p y 77 `< e e `e m OP3 ~.PA w ~ ' •; m N O~ A C O ^. _ ~. 6 O `< O p R o a m N 1 w m W w m ~ P _ ' ~ rt O ~ . o 6 w O VO .~ O .> O _. 3. ~ % ~ o A m, e..o m ~, 2 ~~ m y y m ° . p e m 0~;, '3A'm ~ ~~-. _ C9'_'H909 d~.~"-. obi _ f' ~ m' C O j~ ~ ~1a 13/ iW~-9d \ ' ' m°' A ~ m ~ ~ ~ ® w l8 t ~ - .~,~azasianw °[ °°' mAm ~ ° ' ~`~ ~I~Q~~'~ e s d ~ n ~ ~F, ~~- om 3 ye~m m _ F" P S O [e~ A O K ' R ~' y R .m~ y S R Paz ~o.m m?3 O q R 6 w m ~ w ~ n I o ~ aroma '-' ~ m na ,z a ~ ~° erox m N ~m r a ~z e °o 7160 3901 9844 7039 2494 ~ 7160 3901 9844 7039 2500 ' TO: APRIL D. BEAR -r®; PAUL J. BEAR, JR., A/K/A PAUL J. BEAR 564 GUTSHALL ROAD, 564 GUTSHALL ROAD, BOILING SPRINGS, PA 17007 BOILING SPRINGS, PA 17007 SENDER: KNID SENDER: I~ID REFERENCE: SALES BEAR ' REFERENCE: SALES BEAR i PS Farm 3800 June 2000 ~ PS Form 3800 June 2000 i RETURN Postage .34 "~ RETURN Postage ,3Q ~. RECEIPT SERVICE Certlfied Fee 2,10 ~, RECEIPT Cen'rfied Fee 2,10 Retum fleceipt Fee 1,90 ~, SERVICE Retum Receipt Fee 1.90 ~, Restrced Delivery 0 Restricted Delivery 3.20 ' Total Postage & Fees P ~ Total Postage & Fees e 4 US Postal Service POS OR D 2 77M(~7 US Postal Service PO K OW~ITE ~~~ Receipt for ~ n N Receipt for ~ VN ~ ~ ~ H ' y Certified Mail !` ~ ; Certified Mail ~`~ '~~ Us~~ ~ ~s;~s ~' : No Insurance Coverage Provided - No Insuance Coverage Provided Do Nat Use fw International Mail - - Do Not Use for Inernational Mail 7160 3901 9844 7039 2487 7160 3901 9844 7039 2470 TO: PAUL J. BEAR, JR., A/K/A PAUL J. BEAR ~' TO: APRIL D. BEAR 1101 CLAREMONT ROAD 355 N. EAST STREET CARLISLE, PA 17013 CARLISLE, PA 17013 SENDER: KMD SENDER: KMD REFERENCE: SALES BEAR REFERENCE: SALES BEAR PS Form 3800 June 2000 ~ PS Form 3800 June 2000 P ~; RETURN Postage ~ RETURN ostage 34 RECEIPT Certified Fee 2 ' CerYrfied Fee 2.10 ~ SERVICE - SERVICE - Retum Receipt Fee 1.91 i Retum Receipt Fee 1.90 - i 2 Restdced Delivery 3.21 Restricted Delivery 3, 0 ' T t l P t & F 4 Total Postage & Fees ] 5~ o a os age ees Q e+ v ~ US Postal Service POS K ' US Postal Service P C7 ARK ATE y qnn 77 ~ ~ Receipt for ~ >~ Receipt for ,~ ~ ~ ~ Certified Mail `~ ~~~ a~y Certified Mail ~ ~~~ ~, ~, ! y No Insurance Coverage provided No Insurance Coverage Provided Do Not Use for International Mail ~ (J~pS ° ~ ~ Do Not Use for International Mail '~O~L`411Xv'i3.Sk~i~E`65'!i`:§~d$'i?SN.:.'~Sf'b~~W'.~:N"-.~~f d ..-2.1.+~.. c~ '.::Y:25 ~i {....% l"'~ L~ ~~ 4 ~- F __ : V i-_, ~~ ~..,~. ~ ,~J f .. _ _ ~ ~ J :,~ ,. c~ -.~ 3,~