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HomeMy WebLinkAbout07-4292 21298-CFC-VJ Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit #7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 FEDERAL NATIONAL MORTGAGE ASSOCIATION 1900 Market Street Suite 800 Philadelphia, PA 19103 Plaintiff V. RAYMOND S ZENEWICZ JR OR OCCUPANTS 21 North Queen Street Shippensburg, PA 17257 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS OF Cl_iMBERLAND COUNTY NO. Q'7 - ~'a ~ a. V 11/1 ( TG'I~M CIVIL ACTION - EJECTMEiV'T NOTICE ADVISO 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE Le hen demand<Edo a usted en la cone. Si usted quiere defenderse de ester demandas expuestas en 1as paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notiticacion. Hate Yalta a sentar una comparencia escrita o en persona o con un abog.ado y entregar a la torte en forma escrita sus defenses n sus c~bjeciones a las demandas en contra de su persona. Sea a visado qu? si usted no se defiende, la Corte tome ra medidas y puede continuer la demanda en contra suya sin previo aviso o nctiti~acio:~ Ac;e.nas_ la Torte puede decidir a favor del demandante y rc~quier~ d~~e usted cumpla con todas las provisioner de esta demand,:. Usted puede pFrder dinero o sus propiedades o otros de rechos importanles pa;a us~~ed. LLEVE ESTA IIEMANDA A lIN ABOGADO INMEDIAT'AItiENTF,. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO . ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CON'TRAT'AR A UN ABOGADO. SI USTED NO TIENF. E L, DINERO SUFICIENTE PARA CONTRATAR A U1V ABOGADO. I,E PODEMOS DAR INFORMACION SOBRE AGEl~iC1AS QUE PROVEEN SERVICIO LEGAL A PEltSO'WAS F4:F':G(l3C.li: PAR.A SERVICIOS A COSTO REDCJCIDCs t~ GRA'CP_JITO CUMBERLAND COUNTY E~Ak ~,~`,yOCl:~7'1GN 2 LIBERTY AVhNUI? CARLISLE, PA '.701:' 717-249-~ 165 800-990-91(IR r Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit #7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 FEDERAL NATIONAL MORTGAGE ASSOCIATION 1900 Market Street Suite 800 Philadelphia, PA 19103 Plaintiffi v RAYMOND S ZENEWICZ JR OR OCCUPANTS 21 North Queen Street Shippensburg, PA 17257 Defendant(sl 21298-CFC-VJ Attorney for Plaintiff COURT OF COMMON PLEAS OF C~iIvIBERLAND COUNTY NO CIVIL ACTION - EJk:CT'~IIIr''I' 1. Plaintiff, Federal National Mortgage Association, i5 the owner of premises known as 21 North Queen Street, Shippensburg, PA 17257, more Bally clescribPd in the legal description attached hereto as Exhibit I. 2. Plaintiff claims title to the aforesaid property by wir-tue ~ ~f a Sheriffs sale held on July 11, 2007, in the execution of a judgment in mortgage ~~~r~-~?~ ~, ~~~~~ ~ ~i~t~tined in the Court of Common Pleas of Cumberland County, Docket No. OEi-0343 ~>here ~luintiff was the successful bidder, and became the owner of the said property. 3. Plaintiff, by virtue of the aforesaid title, is the oti~nt~r in fee of the said premises, and is entitled to possession thereof. The Defendants Rayrnond S Gt.~ne~~ icz Jr or Occupants are occupying the said premises without right, and so far as the 1'i~irrtiff is informed, without claim of title. WHEREFORE, plaintiff demands judgment for possessi~-ef~l North Queen Street, Shippensburg, PA 17257. Martha , , _s i , Attorney for Plaira:f4~ r ,, VERIFICATION I verify that the statements made in the foregoing doc~~ment(s) are true and correct. I understand that false statements herein are made subiect to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. Tilartha E. Von Rosenstiel ~°~tiai7lcy for Plaintiff Dated: July 17, 2007 EXHIBIT I ALL that certain real estate and lot of ground with half of a brick. dwelling he ~~se tltCreon erected. known as Na. 2l North Queen Strtot, situate in the Harough of Shippensburg, County at Ctirnberl anri and Gornmonwealth of Pennsylvania, bounded and described es follows; ON THE Walt by North Queen SU•eet; an the North by property now or Purr, :~,rly of Emory Kann and Bertha Kann, his wife; an the East by a public alley, and an the South by property ncnv c?r fcrrrnerly cif l 1. Glenn Smith and Pearl Hoch Smith, his wife; said lot having a frontage an North Queen Street aforesaid crF ninetr,En (t 9}feet nine (9j inches, more ar less, from the ccntcr of the dividing wall between the house an this IrroTsertY end the house on the property now or formerly of the said H. Glenn Smith and Pearl Hoch Smith, hi;± wkfc~, wl~iah s~tict 4rr~iti~ on the North and extending in depth Eastwardly to the alley in the reer two hundnxl sixty-nine {2~:s~r) <Fyer, ;r~c3~z o~• 1er<;. BEING the same real estate that Donald E. Sprecher and 1Jebra 1. Sl e.el~er him w-ife, by their deed dated March 1, 1990, and recorded March 13, 1990, in Cumberland Count~~ Deed B~~k 34 `l .', '"~ol:~rne ~U~, c,anveyed to bongld E. Sprecher, cone of the Grantors herein. BEING the same real estate that Donald E. Sprecher and Glenda.1v3. Sprecher, husband and wife, by their deed dated October 31,2005, and int~ding to be recorded prior hereto in the +f~ice of tl~e Recorder of Deeds in and for Cumb~iand County, Pennsyhania, conveyed to Raymond S. 7~ettewicz, 3r., and Amanda f~. er~eavicr_, husband end Wife, the Mortgagors herein. PROPERTY BEING: 2l NORTH QUEEN STRI~ET AND BEING the same premises which were sold t:~ ~EI~ERAL NATIONAL MORTGAGE ASSOCIATION, as Trustee by *l~e ~~~~,~r..~ ft ~~f ~'~ IMBERLAND County on July 11, 2007 in execution of a judgment irl mortgage foreclosure entered in the Court of Common Pleas of CUMBER_L_A_I~IT_l County in the matter of FEDERAL NATIONAL MORTGAGE AS~}t1Clr`~.Tlt~r]~.1, v. RAYMOND S ZENEWICZ JR, Docket No. 06-6343. ~-1 -O ~ "~ ~ ~ ~ ~:~: ~:: v-- i _ -= w.t f t ~+':. C~ ; O SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04292 P COMMONTWEALTH OF PENNSYLVANIA 'COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS ZENEWICZ RAYMOND S JR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ZENEWICZ RAYMOND S JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT NOT FOUND as to the within named DEFENDANT ZENEWICZ RAYMOND S JR 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge ~~~'~~ So answers : _ _ __ ..._~__.~ ,._r- ~... _,_..... _-- 18.0 0 -'" '~~ ''~ ,,~~'~ ~-- 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County MARTHA VON ROSENSTIEL 08/20/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04292 P COMMONTWEALTH OF PENNSYLVANIA 'COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS ZENEWICZ RAYMOND S JR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANTS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , NOT FOUND as to the within named DEFENDANT OCCUPANTS 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 00 8Ja~,~~~ 1~~ 2 So answers: .~ _~. ---==~~ ~'`'~---i'" ~.. --'___.. R. Thomas Kline Sheriff of Cumberland County MARTHA VON ROSENSTIEL 08/20/2007 Sworn and Subscribed to before me this day of A.D. ' 1 4 y. . . #21298CMS-VJ Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D. # 52634 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. Attorney for Plaintiff ,. r.., _..; ~ =~- ~ o -., --~ :~ ~' :~ ~- ~ ~-+~ COURT OF COMMON PLEA :~~ D, CUMBERLAND COUNTY ~. ~ o.,~ ~ T -C ~ cr NO: 07-4292 RAYMOND S ZENEWICZ JR OR OCCUPANTS Defendants MOTION FOR SPECIAL SERVICE Movant, by its counsel, Martha E. Von Rosenstiel, Esquire, moves this Honorable Court for an Order directing service of the Complaint and all subsequent notices, including, but not limited to the Writ of Possession, upon the above captioned defendant(s) by regular mail and certified mail and by posting of the premises located at 21 North Queen Street Shippensburg, PA 17257 (hereinafter "Subject Premises") and in support thereof avers the following: 1. The Plaintiff owns the premises at 21 North Queen Street Shippensburg, PA 17257 (hereinafter "Subject Premises' by virtue of a Sheriff's Sale held on 7/11/2007, in execution of a judgment in mortgage foreclosure at Docket No. 06-6343. 2. Plaintiff, as owner of the Subject Premises filed its Complaint in Ejectment against the Raymond S Zenewicz Jr or Occupants on or about July 20, 2007, seeking possession of the property that it owns. ~~ ~~ 3. Plaintiff has been unable to complete service of its Complaint in Ejectment. The Sheriffs Return of Service is attached hereto made part hereof and marked as Exhibit A. 4. Pursuant to Pennsylvania Rules of Civil Procedure 430, Plaintiffhas made a good faith effort to locate the Defendant(s). 5. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefore is attached hereto made part hereof and marked as Exhibit B. WHEREFORE, as Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint in Ejectment and all subsequent notices by certified and regular mail at the last known address, 21 North Queen Street, Shippensburg, PA 17257 and by posting of the Subject P~mises. Martha E. Von Rosenstiel Attorney for Plaintiff Date: August 22, 2007 '4 SHERIFF' S RE'~'~TRN - NOT FOUND CASE N0: 2007-04292 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS ZENEWICZ RAYMOND S JR ET AL R. Thomas Kline -~ Ia 9 ~ e Nc_ ~c /~ ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ZENEWICZ RAYMOND S JR unable to locate Him in his bailiwick. COMPLAINT - EJECTMENT , but was He therefore returns the ~T' 1~~ as to the within named DEFENDANT ZENEWICZ RAYMOND S JR 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. Sheriff ' s Costs : So answers : ~~,,~,_.---:--~_~ Docketing 18.00 ,~""~ •--""~~--~''~ Service 38.40 Affidavit 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 71.40 MARTHA VON ROSENSTIEL 08/20/2007 Sworn and Subscribed to before me this day of A.D. ' SHERIFF' S 1ZETi7RN - NOT FOUND CASE NO: 2007-04292 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS ZENEWICZ RAYMOND S JR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANTS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , NOT FOUND as to the within named DEFENDANT OCCUPANTS 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. Sheriff ' s Costs : So answers : ~~~~ ...~-s-~-j' Docketing 6.00 ~,.., ~'""~ s~ Service . 00 -~-~ Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 MARTHA VON ROSENSTIEL 08/20/2007 Sworn and Subscribed to before me this day of A.D. FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 21298 Attorney Firm: Law Offices of Marty Von Rasenstiel Subject: Raymond S. Zenewicz Jr. Current Address: 21 North Queen Street, Shippensburg, PA 17257 Property Address: 21 North Queen Street, Shippensburg, PA 17257 Mailing Address: 21 North Queen Street, Shippensburg, PA 17257 I, Kern Smith, being duly sworn according to Iaw, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Raymond S. Zenewicz jr. -not available B. EMPLOYMENT SEARCH Raymond S. Zenewicz Jr. - A review of the credit reporting agencies provided no employment information. C. INQUIIZY OF CREDITORS Our inquiry of creditors indicated that Raymond S. Zenewicz Jr, reside(s) at: 21 North Queen Street, Shippensburg, PA 17257. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Raymond S. Zenewicz Jr. resides} at: 21 North Queen Street, Shippensburg, PA 17257.On 08-20-07 our office made a telephone call to the subject's phone number (717) 532-9874 and received the following information:. disconnected. III. INQUIRY OF NEIGHBORS On 08-21-Q7 our office made a phone call in an attempt to rnntact Carl F. Brandt (T17} 532-8076,18 North Queen Street, Shippensburg, PA 17257: spoke with an unidentified female who confirmed that Raymond S. Zenewicz Jr. reside(s) at 21 North Queen Street, Shippensburg, PA 17257. TV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 08-21-07 we reviewed the National Address database and found the following information: Raymond S. Zenewicz jr, - 21 North Queen Street, Sluppensburg, PA 17257. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of OS-21-0? Vital Records and all public databases have no death record on file for Raymond S. Zenewicz jr. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration far Raymond S. Zenewicz Jr. residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Raymond S. Zenewicz Jr. -1976 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punialunent. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the hies o 18 Pa C.S. Sec. 4904 relating to tensworn falsification to authorities. AFFIANT - Kerri Smith Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 21K day of August, 2007. The above infoni-atiae~ is obtained from available public records and we are only liable for the cost of the affidavit kls 40MMQlAN!-~~t~ V ' NOTAtnIIISEAt. RYAN P GALVBV, Fiery PtibYC t ucy d Ph;,nia, Pf~la. Cotrlty ,w ron ooottiler2i, 2009 ~n Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 7 P.O. Box. 307 Secane, PA 19018 (610) 328-2887 Attorney. LD. # 52634 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. RAYMOND S ZENEWICZ JR OR OCCUPANTS Defendants Attorney for Plaintiff #21298CMS-VJ COURT OF COMMON PLEA5 CUMBERLAND COUNTY NO: 07-4292 VERIFICATION MARTHA E. VON ROSENSTIEL, ESQUIRE, of full age, being duly sworn according to law deposes and says that she is the attorney for the Plaintiff in the foregoing action; that she is duly authorized to make this verification on behalf of the Plaintiff; that she is ful~familiar with the facts in this matter; and that the statements made in the foregoing Mot~n for Special Service are. true and correct to the best of her information and Martha E. Von Rosenstiel Dated: August 22, 2007 #21298CMS-VJ Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 32&2887 Attorney LD. # 52634 Attorney for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff : COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. RAYMOND S ZENEWICZ JR OR OCCUPANTS Defendants NO: 07-4292 BRIEF IN SUPPORT OF ITS MOTION FOR SPECIAL SERVICE Movant, by its counsel, Martha E. Von Rosenstiel, Esquire, moves this Honorable Court for an Order directing service of the Complaint in Ejectment and all subsequent notices upon the above captioned defendant(s) by regular mail and certified mail and by posting of the premises located at 21 North Queen Street Shippensburg, PA 17257 (hereinafter "Subject Premises' and in support thereof avers the following: I. FACTS The Plaintiff owns the premises at 21 North Queen Street Shippensburg, PA 17257 (hereinafter "Subject Premises") by virtue of a Sheriff s Sale held on 7/11/2007, in execution of a judgment in mortgage foreclosure at Docket No. 06-6343. The Plaintiff filed its Complaint in Ejectment against the Raymond S Zenewicz Jr or Occupants on or about July 20, 2007, seeking to obtain possession of the Subject Property. II. ARGUMENT 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. The Court in Romeo v. Looks, 369 Pa. Super 608 (19$2) stated that "Before resort to substituted service maybe had, however, a plaintiff must have demonstrated a good faith effort to locate the defendant through more direct means." An illustration of good faith effort to locate the Defendant includes (1) inquiries 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) examination of local telephone directories, voter registration records, local tax records, and motor vehicle records. Kittanning Coal Co., Inc. v. International Mining Co.,Inc. 551 F. Supp. 834 (1982), Romeo v. Looks, 369 Pa. Super 608 (1987). As set forth in the Sheriff s Return of Service, marked Exhibit A, the Sheriff has been unable to serve the Complaint after several attempts. A good faith effort to discover the whereabouts of the defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit B. The Plaintiff submits that it has made a good faith effort to locate and serve the Defendant(s) and has been unable to do so. WHEREFORE, Plaintiff respectfully requests service of the Complaint in Ejectment and all subsequent notices by certified and regular mail. and by posting~6f the Subject Premises. Respectfully submitted, Martha E. Von Rosenstiel Attorney for Plaintiff Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610} 328-2887 Attorney LD. # .52634 #21298CMS-VJ Attorney for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. RAYMOND S ZENEWICZ JR OR OCCUPANTS Defendants COURT OF COMMO~LEAS CUMBERLAND CONY ~ ~ ~., o ~` ~r'~ NO: 07-4292 -- 1 ~i c:, ~` ~ :~ - ~ ~ ...~ ~m ~ CERTIFICATE OF SERVICE Martha E. Von Rosenstiel, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Motion for Special Service, Brief in support thereof, attached exhibits, and proposed Order in the above matter was made upon the following by regular first class mail, postage prepaid, deposited with the United States Postal Service on August 22, 2007: Raymond S Zenewicz Jr or Occupants 21 North Queen Street Shippensburg, PA 17257 This verification is made subject to the penalties of 18 Pa.C.S. §4904 relat' g to unsworn falsification to authorities. Martha E. Von Rosenstiel, Esquire Attorney for Plaintiff Dated: August 22, 2007 MARTHA E. VON ROSENSTIEL, P.C. ATTORNEY AT LAW 649 SOUTH AVENUE, SUITE 7 SECANE, PA 19018 Martha E. Von Rosenstiel, Esquire Keri P. Claeys, Esquire August 22, 2007 Prothonotary Court of Common Pleas of Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 Phone: (610) 328-2887 Fax: (610} 328-2649 RE: Federal National Mortgage Association v. Raymond S Zenewicz Jr or Occupants Our File# 21298 CCP 07-4292 Dear Sir or Madam: Enclosed please find a Motion for Special Service Pursuant to Pa.R.C.P. 403(a), which I would like to have filed with the Court. Kindly time stamp the extra face copy the Motion and return it to me in the enclosed envelope. I would appreciate it if you would transmit the Motion for Special Service Pursuant to Pa. R.C.P. 430(a) to the appropriate judge for review and decision. Thank you. Sincerely yours, Martha E. Von Rosenstiel Encls. ~'? ~ t~ ~~ ~ --{ ' rT~; ~ ~1~.; C _ -.~ rig I r7 ~.1 i ~ _Y Lt' "t~i ~L'7 • -~ ; -~_ ~..~ .J:+ .fi ~, m ` r `_ _ W ,~ !4M1 •~~~ { SEP 0 5 200? FEDERAL NATIONAL MORT 'AGE COURT OF COMMON PLEAS ASSOCIATION ~ CUMBERLAND COUNTY Plaintiff ~ VS. NO: 07-4292 RAYMOND S ZENEWICZ JR O OCCUPANTS Defendants AND NOW, this ~ day Motion for Special Service and ORDERED and DECR] Or Occupants by mailing a true subsequent notices, including, but regular, first class mail at the last ORDE1;t 2007, upon consideration of Plaintiffs response thereto (if any), it is hereby: that Plaintiff may obtain service on Raymond S Zenewicz Jr correct copy of the Complaint in Ejectment and all ~t limited to, the Writ of Possession, by certified mail and own address, 21 North Queen Street, Shippensburg, PA 17257 and by posting the premises ~f 21 1Vc c n ~,o o/ J. PA 17257. ,. 'i~ '~ ~t ~"" Q~a7 ~~UG /1GiY.d.1.,r~~;1Ji'"i~~°~_i°;;.;C7 .~.ai 11 ~~ #21298-CPG-VJ Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Suite 6 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 FEDERAL NATIONAL MORTGAGE ASSOCIATION 1900 Market Street Suite 800 Philadelphia, PA 19103 Plaintiff vs. RAYMOND S ZENEWICZ JR OR OCCUPANTS 21 North Queen Street Shippensburg, PA 17257 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 07-4292 PRAECIPE TO REINSTATE COMPLAINT IN EJECTMENT To the Prothonotary: Kindly reinstate the Complaint in Ejectment in the above matter. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: September 10, 2007 ~ °ca ~~ Q? Q ~ ...~ .~ ~-_p ~ (31 ~ ~ ~' ~ N ,-fit '' ~ ~ ~ J Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Suite 6 Secane, PA 19018 Phone: (610) 328-2887 Fax (610) 328-2649 Attorney I.D. #52634 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff vs. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 07-4292 RAYMOND S ZENEWICZ JR OR OCCUPANTS Defendant(s) CERTIFICATION OF SERVICE #21298-CPG-VJ MARTHA E. VON ROSENSTIEL, Esquire, hereby certifies that she is the attorney for the plaintiff herein, and that service of the Civil Action in Ejectment was made in the above matter on the defendants pursuant to the Court Order by certified mail and by regular mail on September 10, 2007. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,` Martha E. Von Rosenstiel Attorney for Plaintiff DATED: September 10, 2007 i:S. Post al ServiceTM CE RTIF IED MAIL R ECEIPT Provided) .(Dom estic JN aii Onty; No Insuran ce Coverage - - ..-- ------ -•--....... es e....,.,,.,..a~Q ~~ ~! m ~ i ~ Postage I~ ~ Cert'rfied Fee ° Return Reciept.Fee ° (Endorsement Requred) ° Restricted Delivery Fee rl (Endorsement Required) ~ - --, ~~ N ~ p.. ~ - -., _ , ~~ /~ ~ ~, Postmark; `= ~~ Here ~. ~ - .- ~ ;; \' ~~ ti ~< fll $ ~~ p S Total Postage 8 Fees ~~+_~ ..~~,, -- ° Sent 7o ym~ J• LG1 1e~~ ~ Street, Apt. ~orPOBox'~OI- North_Queen_street_______________________~__-. r City, State~l~ lhpensburg, PA. 17257 :.. ., U S POSTAL SERVICE l..L' K 1 llt 11.A 1 G VP nit +ii,itw Or meter postage and MAY BE USED FOR DOMESTIC AND MTERNATIONAL MAIL, DOES NOT '~ PS post mark. Inquire of PROVIDE FOR fNSURANCE-POSTMASTER ~~ T ~p postmaster for cunenl Received From: ~ / ~ =~ ~~ MARTHA VON R '0 1 P PITNEY 90WE$ OO ~ O5° _ 649 SOUTH 0002664019 . SEP 20 200% UNI MAILED FROM IPCODE19018 SECANE, PA 19018 - ,. One piece ~tf ord'oary mail addressed to: ~~F ~ F~ ~~ : ;' ' .. ~ `~ r. ' ~ ~\ / ~, ~ ~~`1 F ` _ ~ it Raymond S: Zenewicz Jr. r ccupan s. ~ North Queen Street Shippensburg, PA. 17257 - PS Form 3817, Mar.1989 U ~S~ r.a ~ ~ .~ r__ ~ J ~ 'rl C~ _ "T (~i~ ~~ _ 3~ ~ J~ i 1 _ j ~~ s '~ SHERIFF'S RETURN - REGULAR CASE N0: 2007-04292 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS ZENEWICZ RAYMOND S JR ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT ZENEWICZ RAYMOND S JR was served upon the DEFENDANT at 2000:00 HOURS, on the 21st day of September, 2007 at 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 by handing to 21 NORTH QUEEN STREET SHIPPENSBURG - POSTED a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 20.16 Posting 6.00 Surcharge 10.00 .00 C~,,M, >0~0~16~ 54.16 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/25/2007 MARTHA VON ROSENSTIEL By . ~~~~ ~~ Deputy Sheriff of A.D. / l~ L 21298CFJ-VJ Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney LD.# 52634 FEDERAL NATIONAL MORTGAGE ASSOCIATION 1900 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 PLAINTIFF VS. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO: 07-4292 RAYMOND S ZENEWICZ JR OR : OCCUPANTS : 21 NORTH QUEEN STREET SHIPPENSBURG PA 17257 DEFENDANT(S) PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Enter judgment in the above captioned Ejectment action for failure of the above named defendants to file an answer within twenty days from date of service thereof. I hereby certify that Notice as provided in Rule 237.5 has been duly given, and that the time limits provided for in that notice have expired as evidenced by the attached Exhibit I. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: October 22, 2007 ;• ~. Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, P.O. Box 307 Attorney for Plaintiff 21298CTD-VJ Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 FEDERAL NATIONAL MORTGAGE ASSOCIATION PLAINTIFF VS. RAYMOND S ZENEWICZ JR OR OCCUPANTS 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 DEFENDANT TO: Raymond S Zenewicz Jr or Occupants 21 North Queen Street Shippensburg, PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO: 07-4292 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 r', ~~< ~; s f-.. . Mtutlza E. Van Rosenstiel, Bs~. Attorney t'ar Plaintiff Dated: October 12, 2007 ~~ Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiell, Esquire 649 South Avenue, Unit #7 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 21298CTD-VJ Attorney for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION 1900 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 PLAINTIFF VS. RAYMOND S ZENEWICZ JR OR OCCUPANTS 21 NORTH QUEEN STREET SHIPPENSBURG PA 17257 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO: 07-4292 AFFIDAVIT OF NON MILITARY SERVICE MARTHA E. VON ROSENSTIEL, being duly sworn according to law deposes and says that she is the attorney for the plaintiff herein; that she is duly authorized to take this affidavit in behalf of the plaintiff, and that the defendants 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; That Raymond S Zenewicz Jr or Occupants, Defendant(s) is/are over 21 years old and reside(s) at 21 North Queen Street Shippensburg PA 17257. I understand that false statements 4904 relating to unsworn falsification to made subject to of 18 Pa C.S. Section Martha E. Von Rosenstiel Attorney for Plaintiff Dated: October 22, 2007 "b~ ;-4 'F -~ ~ ~ C~ '_ Q ? ' v rI V ~ ~ ~..,__ ._ ~_~ T_ ~ ~ ca d ~ , ~~~, ° ~~r~~ ; ce .- , ; .~ x' _, ~. ~ ^~" ~~ ,,.,~ .- ti ^ ... OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 Prothonotary Raymond S Zenewicz Jr or Occupants . 21 North Queen Street Shippensburg, PA 17257 FEDERAL NATIONAL MORTGAGE ASSOCIATION PLAINTIFF VS. RAYMOND S ZENEWICZ JR OR OCCUPANTS DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-4292 Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment for possession has been entered against you in the above proceeding as indicated below: Prothonotary Judgment by Default Money Judgment a Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration a Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney Martha E. Von Rosenstiel, Esquire at this telephone number:610-328-2887. 21298CFJ-VJ /o/sola7 ~I ~,9~1.b 1e . a~ ~ ~ 21298CPG-VJ Praecipe for Writ of Possession (Pa.R.C.P. 3160-3165) COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSOCIATION COURT OF COMMON PLEAS v. DOCKET NO. 07-4292 ATTORNEY I.D. #52634 RAYMOND S ZENEWICZ JR OR OCCUPANTS TO THE PROTHONOTARY: Kindly issue Writ of Possession in the above Ejectment matter. 21 North Queen Street`. Shippensburg, PA 17257 iviar~na r,. von xosenst~el Attorney for Plaintiff 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 ~ ~ J '~- ~ ~ C~ .~ W O _ ~ O pip ~ ~ ~ ~ r t_ ~ G Ur 8 ~ - _ ; ; ~ -o ~ c, , r,~-, ,., , ~, ~ ,, n ;"~ ~, V `°.r~ 1 1 of 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION 1900 Market Street, Suite 800 Philadelphia, PA 19103 VS. No. 07-4292 Civil Term RAYMOND S. ZENEWICZ, JR., or OCCUPANTS 21 North Queen Street Shippensburg, PA 17257 Costs Attorney's $ 273.06 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) FEDERAL NATIONAL MORTGAGE ASSOCIATION being: (Premises as follows): 21 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. C 's R. Long, Prothonota ~K@ Common Pleas Court of Cumberland County, PA Date 10/30/07 (Seal) y *~. 2of2 No 07-4292 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION VS. RAYMOND S. ZENEWICZ, JR. or OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 273.06 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: MARTHA E. VON ROSENTIEL, ESQUIRE 649 SOUTH AVENUE, UNIT #7 SECANE, PA 19018 610-328-2887 ID #52634 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of named ~ I caused the within to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this So Answers, Day of Sheriff By Prothonotary Deputy By virtue of this writ, on the day of __, I caused the within named to have possession of the premises described with the appurtenances, and _Writ of Possession returned STAYE tty on osens i 1 12/4/07 Sworn and subscribed to before me this Day of Sheriff's Returq Docketing 18.00 Surcharge 20.00 Prothy 2.00 Poundage 1:19 Milage 19.20 60.39 v 1 a ~~1 ro 7 Q,,,,, So Answer ' She ' By - Advance Costs: 150.00 Sheriff's Costs: 60.39 89.61 Refunded to Atty 12/4/07 ~ .. o. J Rte.. b ~~+, s^a ~-~~ ~. cs. f~7~~`.:::.. - i=-=-~: ~,_~ L.~ _!''~ a j a ~~ ~. 4 t ~ta~ ~~a~i ~ a ~ 2 of 2 No 07-4292 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION VS. RAYMOND S. ZENEWICZ, JR. or OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y ~ $ 273.06 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: MARTHA E. VON ROSENTIEL, ESQUIRE 649 SOUTH AVENUE, UNTT #7 SECANE, PA 19018 610-328-2887 ID #52634 Attorney for Plaintiff (s) Where papers may be served day of I caused the within _, to have possession of the premises described with the By virtue of this writ, on the named appurtenances, and Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy t . ' '' ` ~ lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION 1900 Market Street, Suite 800 Philadelphia, PA 19103 VS. No. 07-4292 Civil Term RAYMOND S. ZENEWICZ, JR., or OCCUPANTS 21 North Queen Street Shippensburg, PA 17257 Costs Attorney's $ 273.06 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) FEDERAL NATIONAL MORTGAGE ASSOCIATION being: (Premises as follows): 21 NORTH QUEEN STREET, SHIl'PENSBURG, PA 17257 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. C is R. Long, Prothonotary 4~ Common Pleas Court of Cumberland County, PA Date 10/30/07 (Seal) 2129$- CPG -VJ (vacate) Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610 328-2887 Attorney I.D. # 52634 FEDERAL NATIONAL MORTGAGE ASSOCIATION PLAINTIFF VS. RAYMOND S ZENEWICZ JR OR OCCUPANTS DEFENDANT Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-4292 PRAECIPE TO MARK CASE DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mazk this action discontinued and ended without prejudice. ~--~~~ ..-~`"' Martha E. Von Rosenstiel Attorney for Plaintiff Dated: December 13, 2007 Q -~,~_.; rnrr~ ' c ~ v~~ -r. - ~ ~~. ~_s '~ 21298- CPG -VJ (vacate) Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610 328-2887 Attorney I.D. # 52634 FEDERAL NATIONAL MORTGAGE ASSOCIATION PLAINTIFF VS. RAYMOND S ZENEWICZ JR OR OCCUPANTS Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-4292 DEFENDANTS PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate the judgment in the above-referenced action. ,.,..---'~" Martha E. on bsen Attorney for Plaintiff Dated: December 13, 2007 (x r d~ 0 o- o A d -t3 ~ .,.,,.s e~ ~ t t~`+ ~ -~ ~`, ' ('f~1r, ~ YY ~~ X"": ~. ft...' ~~^ ~ t~~t f T ~ q `/ -~ ~ ~p~t~Y r ~ / V^