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HomeMy WebLinkAbout03-5098FEDERMANA_ND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Carl Bronitsky CIVIL DIVISION : NO. 03-5098-C.T, ORDER AND NOW, this /~ day of ~w , 2004, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GR3kNTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount October 1, 2004 through June 9, 2004 Per Diem $96.95 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc, Credits Appraisal/BPO Escrow Credit Deficit TOTAL 362,930.69 59,687.43 157.26 1,250.00 1,597.50 0.00 530.30 0.00 0.00 (0.00) 115.00 0.00 6,892.44 $433,160.62 Plus interest percent. NOTE: per diem from June 9, 2004 through THE ABOVE FIGURE IS NOT A PAY~IFF'S c0 ssio ANE NoT I Cff i T] ovE Date of Sale at SALE COSTS FIGURES. six (6%) FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Carl Bronitsky CIVIL DIVISION NO. 03-5098-C.T. MOTION TO MAKE RULE A~SOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on April 29, 2004 and Rule was entered upon Defendant(s) Carl Bronitsky on May 5, 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of June 1, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. Attorney for P~f VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute 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. §4904 relating to unsworn falsification to authorities. DATE: June 1, 2004 E~fi~l G~. Schmie~, Esqu~/ Attorney for Plainti~ Exhibit A FEDERM~/gAND PHELAi% LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC. Carl Bronitsky ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5098-C.T. RUL~ AND NOW, this ~ day of ~ upon Carl Bronitsky , Defendant(s) to show cause Reassessment of Damages should not be entered. , 2004, a Rule is entered why the attached Order for TRUE COPY FROM RECORO Irn Te~mony wtmreof, I here unto set my han~ and the seal d said Cou~t ~t Carlls~, Pa.. Exhibit B FEDERMANA/qD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, vs. Carl Bronitsky PLEASE R TURN : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5098-C.T. CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of June 1, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 10, 2004. Carl Bronitsky 10 Crain Circle A/K/A Unit #13-A, The Woods At Bridgeport, A Condominium, Lemo!rne, PA 17043 Attorney for Pla~/~ Date: May 10, 2004 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff CARL BRONITSKY 10 CRA1N CIRCLE A/K/A UNIT #13-A, THE WOODS AT B1L1])GEPORT, A CONDOMINIUM LEMOYNE, PA 17043 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION TERM No. 05 - S'aq CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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 llNFORMATION 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 72999 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 V~ITHIN 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. File #: 72999 Plaintiffis MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: EMC MORTGAGE CORPORATION 909 HIDDEN RIDGE DR1VE, SUITE 200 IRVING, TX 75038 The name(s) and last known address(es) of the Defendant(s) are: CARL BRONITSKY 10 CRAIN CIRCLE A/K/A LrNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/12/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1727, Page 2362. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 72999 The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 09/24/2003 (Per Diem $96.95) Attorney's Fees Cumulative Late Charges 07/12/2001 to 09/24/2003 Cost of Suit and Title Search Subtotal $362,930.69 34,805.05 1,250.00 786.30 $ 550.00 $ 400,322.04 Escrow Credit - 420.19 Deficit 0.00 Subtotal $- 420.19 TOTAL $ 399,901.85 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriffs Sale. If the Mortgage is reinstated pr/or to the Sale, reasonable attorney's fees will be charged. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 399,901.85, together with interest from 09/24/2003 at the rate of $96.95 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERIvI2kN AND PHELAN, LLP , / . /s/t~rancis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 72999 ALL I~HAT CERTAIN condonaininrn tm/t situate, ly/ng and being in the Borough of Lemoyne. Cumbl,.rland County, Permsylvania, described as Unit No. 13-A, The Woods at Brldgelmrt, A Condominium, a flexible condominium. (Unit 13-A) in a Declaration of BHdgeport A.ssocia~-s, Inc. ("Declarant") and Michael L. Mart~ lnc, dated December 14, 1992, which has heretofore been sub, fitted to the prey/dons of the Uniform Condomininrn Au-t, Act of July 2, 1950, P.L. 286, No. 82 (68 P~ C.$.A. Section 3101 et s~q.) by the rcoorcN,g of the sa/d Declamtlon in the Off'ice of the Recorder olDie, ds, in and for Cumbering4 County, Permsylvania, in M/sc. Book 433, Pag~ 719, as amended by First Amendment to Deelarat/on of Condorninivm ('or The Woods at Bri:lgeport, A Condonfininrn, recorded in the Office of the Recorder of Deeds in and for Cumberlan~ County, Pcrmsylvarga. in Misc. Book 460, Page 838, as amended by thc Second A. menc'~me~t to D~clarat/on of Condominium for Tl~-~'Woods at Bridgeport, A Condonfinimn, ,~_~1 February 17, 1995, and recorded in the O/~ice of the Recorder of Deeds in I and for Cumber.~and County, pennsylvania, in M/sc, Book 491, Page 413, (eee alto revised plan ~ rcoorded in Plat_ Book 69, Page 97), and as amended by thc Th/rd Amundmc~t to Declaration of Condominiun~ recorded in Misc. Book $28, Page 386, and the Declaration Plat Building Ten, The Woods at BHdgcport, A Condominium, by Harlman and As-~ciales, d_*t¢~/August 20, 1996, and recorded in thc Off/ce of the Recorder of Deeds in and 'for Cumberland County, Pen~sylvanla, in Plan Book 72, Page 134, as amended by the Fourth Amendment to Declaration of Condom/nium for The Woods at Bddgeport, a Condomlnium~ dated September 1~, 19~6, recorded in Mist Book 530, Page 988, to convert Phase ~ in its entirety to the Condomin/~n, consisting of Pha:~0 3 in its ant/rety as set ~ in the Declarat/on Plat Building Te~, The Woods I at Bridgeport, ~ Condominium, dated August 20, 1996, and recorded in Plan Book 72. Page 13~, as amended by ~he Fifth Amendment lo Dcdaralion of Condominium for Thc Woods at ; Bridgeport, A Cor~domlm'um, dated February 25, 1997 and recorded in thc Office of the Recorder o/~ Deeds in and for Cumberland County, Pennsylvania, in Iviisc. Book $41, Page 981, and the Deciarat/on Plat Bui!ding Nine, The Woods at Bridgeport, A Condominium, dated Febrtm~ 24, I997 and reexrrde,/m the Ot~cc of the Recorder of Deeds in and for Cumberland County, t Pent, sylvania in Plan Book 74, Page 34, as amended by the S/xth Amendment to Declara~on of ! Condominium for ]-he Woods at Bridgeport, A Condom/nium, da~d May 1, 1998 and recorded ! in the Of/ice of &~ Recorder o~ Deeds in and for Cumberland County, Pennsylvania, in Misc. i Book 576, Page 1076, and thc Declaration Plat Building Eigh~ The Wood~ at Bridgeport. A Condominium, dawxl Apr/] 10, !998 and recorded in the Off/ce of r. he Recorder of Deeds in and ' 1bt Cumber]and Co~mty, Pennsylvania in Right-of-Way Plan Book 1 I, Page 147, as amended by the Seventh Arnen./rnent ~o Declaration of Condominium /'or The Wood~ at Bridgeport, A Condominium, dated August 25, 1999 and recorded in the Of/ice of the Recorder of Deeds in and for CumI0erland County, Pennsylvania. in Misc. Book 62~, Page 935, and the Declaration Plat Build/ng Four, Thc Woods at Bridgepor~ A Condominium, da~ed August 25, 1999 ami recorded in the OffJ,:e of thc R~corder of Deeds in and for Cumberland County, Pcrmsylvania in Right-of-Way Plan l~ook 12, Pag~ 76, as amended by the Eighth Amendment ~o Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated Deccmb~ 7. 1999 and recorded in the Off/l~ of ~he Recor~lcr of De~ls in and for Cumberland County, Pennsylvania, in Misc. Book 633, Page 34, as am~,ded by the Ninth Amendment to Declamtlon of Condominium for The Woods at Bridgepo~ A Condominium, dated October 30, 2000 and ree~rded in the Office of thc Recorder of D~ds in and for Cumberland County, Pcmlsylvani~ in Misc. Book 659, Page 274, and the Declaration Plat Building Twelve, The Woods at Bridgeport, A Condo;:rgnium dated October 27, 2000 and recorded in the Off*icc of the Recorder of Deeds in and for C ~nberland Comity, Pennsylvania in Right-o£-Way Plan Book 12, Page l I7, as amended by tho Tenth Amondment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, ,t~t _~ February 14, 2001 and recorded in the Office of the Recorded of Dceds ia and ~or Cumberland County, Pennsylvania in Miscellaneous Book 667, Page 330 and tho Declaration Plat Building Elever~ The Woods at Brtdgcport, A CoBdominJBIH dated Febrtlal'y 15, 2001 and r~ordcd in the Office of the Recorder of Deeds in and for Cumbe. rfand County, P~msylvania in l~ight-of-Way Plaa Book 12, Pagc 126, as amended by the ]Elov~mdl Amendment to Declaration of Condominium for The Woods at Bridgepoilt, A Condomininm, dasd May 18, 2001 and record~.d ia the Office of ~ Recorded of Decds in and for Cumberland County, Pem~sylvania in b~i-. _mmll~us Book 676, Page 1075 and the Declaration Plat Building ~ The Woods at Bridgeport, A Condominium dated May 16, 2001 and_recorded h~ the Office of: the Recorder of E~ds in and for Cumberland County, Pemlsylvania in RighI-o£-Way Plan Book 12, Page 134, together with a proportionate undivided interest in the common elements (as ideflned in subject dcolaration) of $.947%. BEING A PART OF THE SAME PREMISES which Hasbrouck S. Wri/ia, et al. by deed dated lleptcmber 30, 1986' recorded May 21, 1987, in Cumberland County Recorder of Deeds Book R-32, Page 261, granted and conveyed unto Michael Q. Davis, Trustee for the incorporators of Bridgeport As,sociales, Inc., a Pcrmsldvania coworafion. BEING KNOI~I AS: 10 CRAIN CIRCLE.A/K/A UNIT ti 13-A, 'rfll~ I~OODS AT BRIDGEPORT CONDONINIUH VERIFICATION MARY JACQUE THOMPSON hereby states that she is ASSISTANT VICE PRESDENT of EMC MORTGAGE CORPORATION mortgage servicing agent for Plaimift'in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-05098 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BRONITSKY CARL R. Thomas Kline duly sworn according to law, says, that he inquiry for the within named DEFENDANT BRONITSKY CARL unable to locate Him COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT , NOT FOUND , BRONITSKY CARL 10 CRAIN CIRCLE A/K/A UNIT 13A THE WOODS AT BRIDGEPORT LEMOYNE, PA 17043 PER POST OFFICE, DEFENDANT'S CURRENT ADDRESS IS 1529 EAST LUDLOW DRIVE PHOENIX, AZ 85022. Sheriff's Costs: Docketing 18.00 Service 11.73 Not Found 5.00 Surcharge 10.00 .00 44.73 So answers: P R. Thomas ~ine Sheriff of Cumberland County FEDERMAN & PHELAN 09/30/2003 Sworn and subscribed to before me this l~ day of O~ A.D. as to Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. CARL BRONITSKY COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-5098-CICIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Federman and Phelan, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by first class mail and certified mail to the Defendant at the last known address and mortgaged premises, located at 10 CRAIN CIRCLE, A/K/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM, LEMOYNE, PA 17043, and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful. The Sheriff attempted to serve the defendant at the mortgaged premises located at 10 CRAIN CIRCLE, AJK/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM, LEMOYNE, PA 17043 and no service has been made. The Sheriff conducted a postal search and a new address was provided of 1529 EAST LUDLOW DRIVE, PHOENIX, AZ 85022. The process server attempted to serve the defendant at this address and no service has been made. Return states that the neighbors H:/Main Forms/motions/county.comp have not seen him for several weeks but that is not unusual. This is a gated community. Neighbors think he is a doctor, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiffhas reviewed its internal records and has not been contacted by defendant as of November 3, 2003to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WI-IEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Federman and Phelan, LLP Attomey for Plaintiff Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: November 3, 2003 H:/Main Forms/motions/county.comp Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. CARL BRONITSKY Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-5098-CICIL TERM MEMORANDUM OF LAW Pa. R.C.P. 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 Sheriffs retom of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polls, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mmlad to last known address requires a good faith effort to discover the correct address." Adoption of Walker. 468 Pa. 165, 360 A.2d 603 (1976) An illustration of good faith effort to locate the defendant includes (I) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.FR. Part 265, (2) inquiries of relatives neighbors, fl-lends and employers of the Defendant and (3) examinations of local telephone directories, voter ragistradon records, local t,xx records, and motor vehicle records. As indicated by the attached Sheriffs Remm of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. 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". H:/Main Forms/motions/couni3,.comp WHEREFORE, Plaintiff respectfully requests this Honorable Court emer an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Federman and Phelan, LLP Attomey for Plaintiff Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: November 3, 2003 H;/Main Forms/motions/county.oomp PLAINTIFF AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. NO. 03-5089 CIVIL TERM DEFENDANT SERVE AT: CARL BRONITSKY 1529 EAST LUDLOW DRIVE PHOENIX, AZ 85022 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made known to Defendant on the __ day of o'clock, . M., at , 20 , at -- , City in the manner described belcw: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) __Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, , a competent adult, being duly sworn according to law, depose and state that I personally handed to a true and correct copy of the issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed // ~AR}GOPACO of Bef°re me this __ day, 20__. Notary: NOT SERVED On the /th day of October t /:00 sm o'clock .M., Defendant NOT FOUND because: / Moved Unknown X No Answer Vacant Other: Neighbors have not seen him for several weekslnot unusual). Hiqh income ~wated commun%ty. , Neig,hbqrs think h~ is a doctor. orn to ano SUDSCrlDeQ Before me the 10th day Of October . , ~ 0Q~_. Notary :~ ([c~ ATTORNEY OF PLAINTIFF FRANK FEDERMAN, ESQUIRE - I.D.#12248 Sui~ 1400 OnePermCe~erPlazaatSub~banStation P~lade~ha, PA 19103-1799 (215)563-700o RTIS :ICER Default EXpress Inc. 4905 Hamilton Dr. Veorheax, NJ, 08043 Phone: 888-563-4746 Fax: 2t5-563-474§ ido~,iefaultexpress.com File #: 03-10626 Firm: FEDERMAN & PHELAN Subject: Carl Bronitsl~y Current address: Property address: Mailing address: 1529 E. LudlOw Dr. Phoenix, AZ 85022 10 Crain Cr. Lemoyne, PA 17043 1529 E. Ludl*w Dr. Phoenix, AZ 85022 I Stcven M. Ruffo,being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into thc whereabouts of!the above noted individual(s) on 10/23/03 and have discovered the following I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the follmving to be true and correct Carl Bronitsky - 201-36-3601 B. EMPLOYMENT SEARCH Carl Bronitsky - Our Office was unable to verify the employment information on the credit report. C. INQUIRY OF CREDITORS On 10/23/03 our inquiry with the creditors indicate that Carl Bronitsky reside(s) at 1529 E. Ludlow Dr. Phoenix, AZ 85022 II. INQUIRY OF TELEPHONE cOMPANY A.D1RECTORY ASSISTANCE SEARCH On 10/23/03 our inquiry with the creditors indicate that Carl Bronitsky reside(s) at 1529 E. Ludlow Dr. Phoenix, AZ 85022 non published. Our office could not reach the mortgagor due to the non published number. II1. INQU1RY OF NEIGHBORS Using our Whitepages database on 10/23/03 we were unable to verify the current address with a Neighbor IV. INQUIRY OF POSTOFFICE A. NATIONAL ADDRESS UPDATE Our inquiry with National Address database on 10/23/03 indicates the following is correct Carl Bronitsky - 1529 E. Ludlow Dr. Phoenix, AZ 85022 B. ADDITIONAL ACTIVE MAiLING ADDRESS Per our inquiry with creditors on 10/23/03 the following is an active mailing address: no addresses on file. V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Arizona Departmeat of motor vehicle Carl Bronitsky has a valid identification registered with the state. VI. OTHER INQUIRIES A. DEATH RECORDS As of 10/23/03 Vital recordg has no death records on file for Carl Bronitsky B. PUBLIC LISCENSES (PILOT, KEAL ESTATE ETC.) Our office conducted a check on 10/23/03 for public licenses/records and found the following: see attached C. COUNTY VOTER REGISTRATION The Maricopa Cnty voter registration would only indicate a registration for Carl Bronitsky D. 1NTERNET All accessible public databases have been checked and cross-referenced for the above named individual(s). E. TAX ASSESSMENT OFFICE On 10/23/03 our office conducted a search of the following tax records which showed the following: Not applicable VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Carl Bronitsky- 10/14/47 B. A.K.A none The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities I hereby verify that the statemants made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unswom falsification to authorities. Default Express Services, INC. President Sworn to and subscribed before me this 23 day of Oct 2003 NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey My Commision Expires Mar. 21, 2007 VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Date: November 3, 2003 Respectfully submitted, Federman and Phelan, LLP Attomey for Plaintiff Francis S. Hallinan, Esquire H:/Main Forms/motions/county.comp By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION, iNC. Vs. CARL BRONITSKY Attomey for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-5098-CICIL TERM CERTIFICATION OF SERVICE I, Francis S. Hallinan, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. CARL BRONITSKY at: 10 CRAIN CIRCLE, A/K/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM LEMOYNE, PA 17043 AND 1529 EAST LUDLOW DRIVE PHOENIX, AZ 85022 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: November 3, 2003 Respectfully submitted, Federman and Phelan, LLP Attorney for Plaintiff Francis S. Hallinan, ~squire H:/Main Forms/motions/county.comp Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Perm Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CIVIL DIVISION VS. CARL BRONITSKY AND NOW, this CUMBERLAND COUNTY NO. 03-5098-CICIL TERM ORDER ~ day of~, 2003, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the 1. First class mail to CARL BRONITSKY at the last known address, and the mortgaged premises located at 10 CRAIN CIRCLE, A/YdA UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM, LEMOYNE, PA 17043; and 2. Certified mail to CARL BRONITSKYat the last known address and the mortgaged premises located at 10 CRAIN CIRCLE, A/K/A UNIT #13-A, H:/Main Forms/motions/county.comp THE WOODS AT BRIDGEPORT, A CONDOMINIUM, LEMOYNE, PA 17043. ~ Jo Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. COURT OF COMMON PLEAS CIVIL DIVISION VS. CUMBERLAND COUNTY cARL BRONITSKY NO. 03-5098-CICIL TERM ORDER AND NOW, this/_/__~, day of ~' 2003' up°n consideration of Plaintiffs Motion for Service pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and D.ECREE.I) t.h~ Plainti, ff m.ay ~.~t~}s~ervl~ o.,f the Complmnt, t,k ~'z'e't"'"~'~.~'r'~ ~),,, ~ ~ ~ -~ ~'~ : 1. First class mail to CARL BRONITSKY at the last known address, and the mortgaged premises located at 10 CRAIN CIRCLE, A/K/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM, LEMOYNE, PA 17043; H:/Main Forms/motions/county.comp and Certified mail to CARL BRONITSKYat the last known address and the mortgaged premises located at 10 CRAIN CIRCLE, A/K/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM, LEMOYNE, PA 17043. ~ FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff VS. CARL BRONITSKY Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 03-5098 C.T. PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: December 2, 2003 FEDERMAN AND PHELAN, LLP F~JK FEDFr,R'I~AN, ESQUIRE LAWRENCE Z. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff /jrh, Svc Dept. FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. CARL BRONITSKY Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-5098 CIVIL TERM AFFIDAVIT OF SERV/CE OF COMPLAINT BY MAll, PURSUANT TO COURT ORDER I hereby certify that a tree and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, CARL BRONITSKY at 10 CRAIN CIRCLE A/K/A UNIT gl3-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM, LEMOYNE, PA 17043 at 1529 EAST LUDLOW DRIVE, PHOENIX, AZ 85022 on December 10, 2003, in accordance with the Order of Court dated November 17, 2003, The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: December l 0, 2003 c/Attorney for Plaintiff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215l 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, CARL BRONITSKY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-$098 C.T. PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against CARL BRONITSKY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale &the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/25/03 to 1/14/04 TOTAL $399,901.85 10,858.40 $410,760.25 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. I, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaimiff DAMAGES ARE HEREBY ASSESSED AS INDICATED, PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS 8. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 56%7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. CARL BRONITSKY Defendants ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS~ : CML DMSION : CUMBERLAND COUNTY : NO. 03-5098 CIVIL TERM TO: CARL BRONITSKY 10 CRAI~ CIRCLE A/K/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOM/NIUM LEMOYNE, PA 17043 DATE OF NOTICE: DECEMBER 31, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE/N 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/UDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEAR/NG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. TH/S OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1F 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUTRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CARL BRONITSKY Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-5098 C.T. 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 CARL BRONITSKY is over 18 years of age and resides at, 10 CRAIN CRCLE A/K/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM, LEMOYNE, PA 17043. 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, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CARL BRONITSKY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5098 C.T. 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: ( ) 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 unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CARL BRONITSKY Defendant(s). No. 03-5098 C.T. TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/15/04 to JUNE 9, 2004 (per diem -$67.52) TOTAL $410,760.25 $9,925.44 and Costs $420,685.69 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN condominium unit situate, lying and being in the Borough of Lemoyne, Cumberland County, Pennsylvania, described as Unit No. 13-A, The Woods at Bridgeport, a Condominium, a flexible condominium, (Unit 13-A) in a Declaration of Bridgeport Associates, [nc. ("Declarant") and Michael L. Martin, Inc. dated December 14, 1992, which has heretofore been submitted to the provisions of the Uniform Condominium Act, Act of July 2i 1980, P.L. 286, No. 82 (68 Pa C.S.A. Section 3101 et seq.) by the recording of the said Declaration in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Miscellaneous Book 433, Page 719, as amended by First Amendment to Declaratio~n_of Condominium for The Woods at Bridgeport, a Condominium, recorded in the Office of the ReC°rder of Deeds in and for Cumberland County,, Pennsylvania, in Miscellaneous Book 460, Page 838, as amended by the Second Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated February 17, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 491, Page 413, (see also revised plan recorded in Plan Book 69, Page 97) and as amended by the Third Amendment to Declaration of Condominium recorded in Miscellaneous Book 528 Page 386 and the Declaration Plat Building Ten, The Woods at Bridgeport, A Condominium, by Hartman and Associates, dated August 20, 1996, and recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan Book 72, Page 134, as amended by the Fourth Amendment to Declaration of Condominium for The Woods at Bridgeport, a Condominium, dated September 13, 1996, recorded in Miseellaneons Book 530, Page 988, to convert Phase 3 in its entirety to the Condominium, consisting of Phase 3 in its entirety as set forth in the Declaration Plat Building Ten, The Woods at Bridgeport, a Condominium, dated August 20, 1996 and recorded in Plan Book 72, ~'--P~ge l~as i~~1~1~ Arllc$1dment to D~ C~ndominium for The Woods at 1~ .! ge .port~. &t~onaomml~, dated~.F~b.._iTFary 25, 1997 and r~'lrded m the Office of the Recorder of D~eeds in and for ciimbe~nd C6fihty, i:~ennsylvania, in Mi$ceflaheous Book 541, Page 981 and the Declaration Plat Bu~ld~ng ~ine, The Woods at Bridgeport, A Condominium, dab-ed February 24, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 74, Page 34, as amended by the Sixth Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated May 1, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 576, Page 1076 and the Declaration Plat Building Eight, The Woods at Bridgeport, A Condominium, dated April 10, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right- of-Way Plan Book 11, Page 147, as amended by the Seventh Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated August 25, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 623, Page 35 and the Declaration Plat Building Four, The Woods at Bridgeport, A Condominium, dated August 25, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right-of-Way Plan Book 12, Page 76, as amended by the Eighth Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated December 7, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 633, Page 34, as amended by the Ninth Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated October 30, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 659, Page 274 and the Declaration Plat Building Twelve, The Woods at Bridgeport, A Condominium dated October 27, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right-of-Way Plan Book 12, Page 117, as amended by the Tenth Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated Febru~j 14~r .e4 ~ tJ;l~..~Of. ~ce of the ~ D~[~ds in and for Ctunberland County, Pennsylvama m ~i~si:L~qlaneou~l~dl~6b"?,~page'330~:/tn~'Y'Declarat~on Plat Building Eleven, The Woods at Bridgeport, A Condominium dated February 15, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right-of-Way Plan Book 12, Page 126, as amended by the Eleventh Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated May 18, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 676, Pal~e 1075 and the Declaration Plat Building Thirteen, The Woods at BridgeporL A Condominium dated ~Iay 16, 2001 and recorded in the Office of the Recorder of Deeds ,in and for Cumberland County, Pennsylvania in Right- of-Way Plan Book 12, Page 134, together with a p~oportionate undivided interest in the common elements (as defined in subject declaration) of 5.947%. TOGETHER with the right of ingress to and egress from said property and the right to use, for all proper purposes, in common with the Declarant and the Grantors their successors and assigns and all other occupants from time to time any and all portions of the project designated as Common Elements by the Declaration or by statute. ! F_t"I_'I]~..~_~_'3..A_.ii}_~tR]~M-' j~i!~l~ Vl~.:~l/l~J.~: ~jl~r,~, a, Adult Ind,v,dual by Deed from · , , '~,-'-~-, -.--~ , · ..~ M chael 1,. Martin, Inc., a i ennsy ~ama ( ot'por,~tm~ and~}gep ~rt Associates, Inc., a Pe~ylv~a Co~oration ~t~ 6/28/2~1 ~d r~rd~ 7/131~1 in R~rd Book 247, Page 2~8. Tax Parcel #12-20-1858-003B WRIT OF EXECUTION and/ar ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5098 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From CARL BRONITZKY (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as £ollows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is fotmd in the possession of anyone other than a named garnishee, you are directed to notify h/m/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $410,760.25 L.L. $.50 Interest FROM 1/15/04 TO 6/9/04 (PER DIEM ~ $67.52) ~ $9,925.44 AND COSTS Atty's Corem % Due Prothy $1.00 AttyPaid $126.73 Other Costs Plaintiff Paid Date: JANUARY 15, 2004 (Seal) CURTIS R. LONG Prothonotary REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBRUBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Deputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CARL BRONITSKY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5098 C.T. 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 ,10 CRAIN CIRCLE AIK/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CARL BRONITSKY 10 CRAIN CRCLE A/K/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM LEMOYNE, PA 17043 2, Name and address of Defendant(s) in the judgmem: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Sallle 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: Nanle 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 mad whose interest may be affected by the sale. NaiTle 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 may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County 10 CRAIN CIRCLE A/K/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM LEMOYNE, PA 17043 Commonwealth of Pennsylvania Department of Welfare 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 unswom falsification to authorities. January 14, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CARL BRONITSKY Defendant(s). CUMBERLAND COUNTY No. 03-5098 C.T. January 14, 2004 TO: CARL BRONITSKY 10 CRAIN CRCLE A/K/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM LEMOYNE, PA 17043 **THIS F1Rkl IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPER TE. * * Your house (real estate) at, 10 CRAIN CIRCLE AJK/A UNIT #13-A, THE WOODS AT BR/DGEPORT, A CONDOMINIUM, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $410,760.25 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215} 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the fight to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share &the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 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 Sheriffwithin 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 TffAT CERTAIN condominium unit sitUate, lying' and being in the Borough of Lemoyne, Cumberland County, Pennsylvania, described as Unit No. 13-A, The Woods at Bridgeport, a Condominium, a flexible condominium, (Unit 13-A) in a Declaration of Bridgeport Associates, Inc. CDeclaratu") and Michael L. Martin, Inc. dated December 14, 1992, which has heretofore been submitted to the provisions of the Uniform Condominium Act, Act of Jniy 2,1 1980, P.L. 286, No. 82 (68 Pa C.S.A. Section 3101 et seq.) by the recording of the said Declaration in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Miscellaneous Book 433, Page 719, as amended by First Amendment to Declaratiqn. of Condominium for The Woods at Bridgeport, a Condominium, recorded in the Office of the Recorder of Deeds in and for Cumberland County,, Pennsylvania, in Miscellaneous Book 460, Page 838, as amended by the seCOnd Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated February 17, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 491, Page 413, (see also revised plan recorded in Plan Book 69, Page 97) and as amended by the Third Amendment to Declaration of Condominium recorded in Miscellaneous Book 528: Page 386 and the Declaration Plat Building Ten, The Woods at Bridgeport, A Condominium, by Hartman and Associates, dated August 20, 1996, and recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan Book 72, Page 134, as amended by the Fourth Amendment to Declaration of Condominium for The Woods at Bridgeport, a Condominium, dated September 13, 1996, recorded in Miscellaneous Book 530, Page 988, to convert Phase 3 in its entirety to the Condominium, consisting of Phase 3 in its entirety as set forth in the Declaration Plat Building Ten, The Woods at Bridgeport, a Condominium, dated August 20, 1996 and recorded in Plan Book 72, · .:-P~a.ge~' 13~r~as '~~/ftJ~, A~{i?,~lld??nt to D,~~ C~ndominium for The Woods at Bt!dgepor~t A~Condommmm, dated...F~e_b.._r,_,mry ~5, 199~'~ rec'=a~fded in the Office of the Recorder of ~D~eeds in and for 'ciimb~flfind C66~ty,-'~rennsylvania, in Miscellgneous Book ~41, Page 981 and the Declaration Plat Building ~ne, The Woods at Bridgeport, A C0adOminium, dat~ed February 24, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 74, Page 34, ns amended by the Sixth Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated May 1, 1998 and recorded in the Office of the Recorder Of Deeds ia and for Cumberland County, Pennsylvania, in Miscellaneous Book 576, Page 1076 and the Declaration Plat Building Eight, The Woods at Bridgeport, A Condominium, dated April 10, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right~ of-Way Plan Book 11, Page 147, as amended by the Seventh Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated August 25, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 623, Page 35 and the Declaration Plat Building Four, The Woods at Bridgeport, A Condominium, dated August 25, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right-of-Way Plan Book 12, Page 76, as amended by the Eighth Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated December 7, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 633, Page 34, as amended by the Ninth Amendment to Decimation of Condominium for The Woods at Bridgeport, A Condominium, dated October 30, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 659, Page 274 and the Declaration Plat Building Twelve, The Woods at Bridgeport, A Condominium dated October 27, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right-of-Way Plan Book 12, Page 117, as amended by the Tenth Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated _Fe~br, ~.t~f 14-,~,/~g.~r ~ed i~ .tl~ ~.Of~g~ of ~e ~ Dll~ds in and for Cumberland County, Penusylvama~'-~]~L~;iffin~0'k~66?,~Page-330~n'~?'Declaration Plat Building Eleven, The Woods at Bridgeport, A Condemini'um dated February 15, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right-of-Way Plan Book 12, Page 126, as amended by the Eleventh Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated May 18, 2001 and recorded in the Office of the Recorder of Deeds ia and for Cumberland County, Pennsylvania in Miscellaneous Book 676, Page 1075 and the DeClaration Plat Building Thirteen, The Woods at Bridgeport, A Condominium dated ~Iay 16, 2001 and recorded in the Office of the Recorder of Deeds ,in and for Cumberland County, Pennsylvania in Right- of-Way PIan Book 12, Page 134, together with a p?oportionate undivided interest in the common elements (as defmed in subject declaration) of 5.947%. TOGETHER with the right of ingress to and egress from said property and the right to use, for all proper purposes, in common with the Declarant and the Grantors their successors and assigns and all other occupants from time to time any and all portions of the project designated as Common Elements by the Declaration or by statute. ! D~L:~.~_'!~_A.i_I.}._. _'~R_~[M_lf4_E,~_,R'.'_.~{.~,_~I~::i~, ~, aa Adult Ind~wdual by Deed from Michael L. Martin, Inc., a Pe~msylvama Corporation and Bridgeport Assocmtes, Inc., a pennsylvania Corporation dated 6/28/2001 and recorded 7/13/2001 in Record Book 247, Page 2048. Tax Parcel #1~-20q858-OO3B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. CARL BRONITSKY CIVIL ACTION CIVIL DIVISION NO. 03-5098 C.T. 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 January 20~ 2004 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 22, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 00043003 ,~ a ~ ~' MAILED FR ~.~-~. $ 00.900 JAH 20 2004 FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC. ATTORigEY FOR PLAINTIFF : C73MBERLAND COUNTY : COURT OF COMMON PLEAS vs. Carl Bronitsky : CIVIL DIVISION : NO. 03-5098-C.T. pP. AECIPE FOR RULE TO SHOW C/~USE TO THE PROTHONOTARY: Kindly enter a Rule upon Carl Bronitsky , Defendant(s) to show cause why the attached Order for Reassessmen~of Damages should not be entered. FE~ AND/~ L.L.P. By: II \j~,__...r ~~--''' DanYel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC. vs. Carl Bronitsky ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5098-C.T. AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on ADril 28, 2004. Carl Bronitsky 10 Crain Circle A/K/A Unit #13-A, The Woods At Bridgeport, A Condominium, Lemoyne, PA 17043 DATE: April 28, 2004 ~torney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC. vs. Carl Bronitsky ATTOR/~'EY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5098-C.T. PLAINTIFF'S PETITION FOR REASSESSM~NT OF DAMAGES Plaintiff, by its Attorney, Daniel G. the Court to direct the Prothonotary to this matter, and in support thereof avers Schmieg, Esquire, moves reassess the damages in the following: 25, 2003. 2. Judgment was entered against January 15, 2004 in the amount of 410,760.25. Complaint in Mortgage Foreclosure was filed on September Defendant(s) on 3. The mortgaged premises are listed for Sheriff's Sale on June 9, 2004. 4. Additional sums have been incurred or expended on Defendant(s)' behalf since the Complaint was filed and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount October 1, 2004 through June 9, Per Diem $96.95 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit 2004 TOTAL 362,930.69 59,687.43 157.26 1,250.00 1,597.50 0.00 530.30 0.00 0.00 (0.00) 115.00 0.00 6,892.44 $433,160.62 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1727), Page (#2362), Plaintiff is entitled to judgment in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. ~torney of r Plaintiff -2- FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC. vs. Carl Bronitsky ATTORi~[EY FOR PLAINTIFF C~3MBERLAND COUNTY ,COURT OF COMMON PLEAS CIVIL DIVISION iNO. 03-5098-C.T. BRIEF OF LAW IN S~PPORT OF p?.~INTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant(s) Agreement, wherein Defendant(s) In the Agreement by Accordingly, cure the default and bring the loan current, Foreclosure Action. Judgment was subsequently entered by the is scheduled for Sheriff's Sale. entered into a Promissory Note and Mortgage agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. case sub judicia, Defendant(s) failed to abide by the Mortgage failing to tender numerous, promised monthly mortgage payments. after Plaintiff determined that Defendant(s) were not going to Plaintiff commenced a Mortgage Court, and the subject property Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that th,s Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqa~e Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super 1988). In Chase Home Mortqaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 the property. (1971). Plaintiff damages, and submits that if Plaintiff went to sale without reassessing if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely', a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reasseesment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, NO. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. By:FED~ AND/~, L.L.P. D~ie~-'9~-. Schmieg, ~s~i~_ ~ A~torney for Plaintiff ~'-~O:~.P.A.L .~ATiO.~AL ~iGRTG~GS : ,%$~OC!~T C!~./!L TRZAL Dr~.~sro~ u~on co,-~s~ id=ra*-ion o~ 2~_in~!f=, Feder~'. National ~ort-cy~qe A~$oC'ia~io~'.s Perf--ion for Reconsidera--£on Nunc .U=c ~anc cf of Defe~.daJ~.u.~, Josep?. Jefferson and Resie Jeffe--=on, it {s her~y-ORDERED and DE~'-~.-~D ex 2] ~~ru,s' Or~r of ~'o,ze~er ~V~ED and ~ntif-~' - 3) J~nt ~s ~erctlY 'increased to 5G,14~.~[. ' Because P~aiatiff was req~,ired to accept cuc'_"c:nt mortgage payments upofi ~he f.Lling of.Defendant' bankrup~ peti~ioh"and in fact did so, it is necessary =o ruassesm ~-he a~o~nt ~f damage~ that £ni~ia!~y ~ere assessed after judqm~nt by default ~as entered ~ ~his act!ea. Because Defendants ha.e not refuted ~%e s~e¢ific amcun~ claimed. VERIFICATION undersigned understands penalties of 18 Pa. authorities. Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The that this statement herein is made subject to the C.S. §4904 relating to unsworn falsification to DATE: April 28, 2004 DS~niel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 !215) 563-7000 Mortgage Electronic Registration Systems, INC. vs. Carl Bronitsky ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5098-C.T. RULE upon Carl Bronitsky Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE FEDERMANAND PHELJ~N, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC. vs. Carl Bronitsky ATTORNEY FOR PLAINTIFF CUMBERI2~ND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5098-C.T. CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of June 1, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 10~ 2004. Carl Bronit sky 10 Crain Circle A/K/A Unit #13-A, The woods At Bridgeport, A Condominium, Lemoyne, PA 17043 ~niel ~. Schmieg, Es~q~ Attorney for Pla~ Date: May 10, 2004 FEDER/~ANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Carl Bronitsky : CIVIL DIVISION : NO. 03-5098-C.T. MOTION TO MAKE RUAE ABBO~.UT~ Plaintiff, by its Attorney~ Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 2. April 29, --May 5, entered. That it is the Plaintiff in this action. A Petition for Reassessment of Damages was filed with the Court on 2004 and Rule was entered upon Defendant(s) Carl Bron~tsky on 2004 to show cause why the Order for Reassessment should not be A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of June ~, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDER AN~ E J , ~.L.P. Attorney for P~f VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute 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. §4904 relating to unsworn falsification to authorities. DATE: June 1, 2004 Dg~4iel GT. Schmie~, Esqu'~/ Attorney for Plaintiff/-~ Exhibit A FEDERMANAND PHELAN, LLP. by: Daniel G. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, INC. Carl Bronitsky ATTORNEY FOR PLAINTIFF CUMBE~ COUNTY COUI~T OF COMMON PLEAS CIVIL DIVISION NO, 03~5098-C.T. upon Carl Bronitsky , Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. ~, TRUE COPY FROM RECORO in Ta~lmomj w~tereof, I here unto set my t~r~ Exhibit B FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esqllire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, vs. Carl Bronitsky INC. EDERMAN PLEASE : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5098-C.T. CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of June 1, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 10, 2004. Carl Bronitsky 10 Crain Circle A/K/A Unit #13-A, The Woods At Bridgeport, A Condominium, Lemoyne, PA 17043 D~nlel ~ Schmieg, ESj~ Attorney for Pla~/~ Date: May 10, 2004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Thomas M Waite & Jane G is the grantee the same having been sold to said grantee on the 7th day of July A.D., 2004, under and by virtue of a writ Execution issued on the 15th day of Jan, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 509.8, at the suit ofMtg Elec Reg Systems Inc against Carl Bronitsk¥ is duly recorded in Sheriff's Deed Book No. 264, Page 3317. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /.~ day of ~ , A.D2004 ~ ~ ~,~-o/ ~ Recorder of Deeds Mortgage Electronic Registration Systems, Inc. VS Carl Bronitsky In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5098 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action in the following manner: The Sheriff mailed a notice of the action by certified mail, restricted delivery, deliver to addressee only, return receipt requested to the within named defendant, Carl Bronitsky at 1529 E. Ludlon Drive, Phoenix, AZ 85022. This letter was mailed under the date of March 03, 2004. Return receipt card was signed by Carl Bronitsky on March 18, 2004 and returned to the Sheriffs Office. Cpl. Michael Barfick, Deputy Sheriff, who being duly sworn according to law, states that on April 06, 2004 at 7:33 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Carl Bronitsky located at 10 Crain Circle a/k/a Unit 13-A The Woods at Bridgeport, Lemoyne, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendant, to wit: Carl Bronitsky, by regular mail to his last known address of 1529 E. Ludlon Drive, Phoenix, AZ 85022. This letter was mailed under the date of April 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on July 7, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $360,001.00 to Attorney Richard Connell for Thomas M. and Jane G. Waite. It being the highest bid and best price received for the same, Thomas M. and Jane G. Waite of 5009 Woodbox Lane, Mechanicsburg, PA 17055, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $374,293.79. Sheriff's Costs: Docketing $30.00 Poundage 5550.01 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 23.46 Certified Mail 8.15 Levy 15.00 Postpone Sale 20.00 Sumharge 20.00 Law Journal 911.75 Patriot News 732.49 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $ 7477.12 Sworn and subscribed to before me So Answers: This ]/,~ day of (z~,f~.a,J~ ' 2004, A.D.(~t~, ['2. ~,,~ (~-'~ R. Thomas Kline, Sheriff e~othonotau ' ' BY~~ Real Esta~ Deputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CARL BRONITSKY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5098 C.T. .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 thc rcai property located at ,10 CRAIN CIRCLE A/K/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM~ LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CARL BRONITSKY 10 CRAIN CRCLE A/FdA UNIT #13-A, THE WOODS AT BR/DGEPORT, A CONDOMINIUM LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Nam4 and last known address of everyjudgrnent creditor whose judgment is a record lien on the real property to be sold: Nalne None Last Known Address (if address cannot be reasonably ascertained, please indicate) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5098 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From CARL BRONITZKY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $410,760.25 L.L. $.50 Interest FROM 1/15/04 TO 6/9/04 (PER DIEM o $67.52) - $9,925.44 AND COSTS Atty's Corem % Due Prothy $1.00 AttyPaid $126.73 Other Costs Plaintiff Paid Date: JANUARY 15, 2004 (Seal) CURTIS R. LONG Prothonotary REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBRUBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SU1TE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215~563~7000 Supreme Court ID No. 12248 Deputy Real Estate Sale #15 On February 25, 2004 the sherifflevied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 10 Crain Circle a/k/a Unite 13-A, The Woods at Bridgeport, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. B !~ Date: February 25, 2004 ~.Y~ ~ o(~z.~v~L3, t~ea~ estate qJeputy SCHEDULE OF DISTRIBUTION SALE NO. 15 Date Filed: July 30, 2004 Writ No. 2003-5098 Civil Term Mortgage Electronic Registration Systems, Inc. VS Carl Bronitsky Sale Date: Buyer: Bid Price: July 7, 2004 Thomas M. and Jane G. Waite $360,001.00 Real Debt: $410,760.25 Interest: 9,925.44 Attorney Costs: 126.73 Total: $420,812.42 DISTRIBUTION: Receipts: Cash on account (02/12/04): $ 1,500.00 Cash on account (07/07/04): 36,550.00 Cash on account (07/23/04): 337,743.79 Total Receipts: $375,793.79 Disbursements: Sheriff's Costs Legal Search State Transfer Tax Local Transfer Tax Faith Nicola, Tax Collector The Woods at Bridgeport Attorney Frank Federman Mortgage Electronic Registration Systems, Inc. $ 7,477.12 200.00 4,271.39 4,271.39 3,846.56 5,112.00 1,500.00 349,115.33 Total Disbursements: Balance for distribution: ($375,793.79) 0.00 So Answers; R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED, SHERIFF SALE NO. 15 Advertised for Wednesday, June 9, 2004 Date: July 9, 2004 TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year 2004, WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLA/MS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Michael L. Martin, Inc. and Bridgeport Associates, Inc., by deed dated June 28, 2001 and recorded July 13, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania. in Deed Book 247, Page 2048 granted and conveyed to Carl Bronitsky. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Under and subject to restrictions, conditions, reservations, easements, rights-of-way and set back lines as shown on or recorded with plans recorded in Plan Book 53, Page 61, Plan Book 65, Page 81, Plan Book 67, Page 43, Plan Book 69, Page 97, Plan Book 72, Page 134, Plan Book 74, Page 34, Plan Book 84, Page 67, Right of Way Plan Book 11, Page 147, Right of Way Plan Book 12, Page 76, Right of Way Plan Book 12, Page 117, Right of Way Plan Book 12, Page 126, Right of Way Plan Book 12, Page 134, and Right of Way Plan Book 13, Page 4. 6. Under and subject to Declaration of Condominium recorded in Miscellaneous Record Book 433, Page 719 and Amendments thereto recorded as follows: . Miscellaneous Record Book 460, Page 838, Miscellaneous Record Book 491, Page 413, Miscellaneous Record Book 528, Page 386, Miscellaneous Record Book 530, Page 988, Miscellaneous Record Book 541, Page 981, Miscellaneous Record Book 576, Page 1076, Miscellaneous Record Book 623, Page 935, Miscellaneous Record Book 633, Page 34, Miscellaneous Record Book 659, Page 274, Miscellaneous Record Book 667, Page 330, Miscellaneous Record Book 676, Page 1075. Miscellaneous Record Book 682, Page 4165, and Miscellaneous Record Book 685. Page 736. 7. Mortgage in the amount of $366,080.00 given by Carl Bronitsky to Mortgage Electronic Registration Systems dated July 12, 2001 and recorded July 13, 2001 in Mortgage Book 1727 Page 2362. Complaint in Mortgage foreclosure filed by Mortgage Electronic Registration Systems as Plaintiff against Carl Bronitsky as Defendant in the Office of the Prothonotary of Cumberland County to file number 2003-5098. In rem judgment in the amount of $410,760.25 entered January 15, 2004. 8. Confession of judgment entered by Mid Penn Bank as Plaintiff against Carl Bronitsky as Defendant in the Office of the Prothonotary of Cumberland County on September 27, 2001 to file number 2001-5655 in the amount of $55,741.25. 9. Rights granted to Pennsylvania American Water Company by instrument recorded in Miscellaneous Record Book 348, Page 697 and Miscellaneous Record Book 430, Page 111. 10. Rights granted to Riverton Consolidated Water Company by instrument recorded in Miscellaneous Record Book 113, Page 460 and by instrument. 11. Rights granted to Sammons Communications by instrument recorded in Miscellaneous Record Book 349, Page 70 and by instrument recorded in Miscellaneous Record Book 430, Page 328. 12. Rights granted to PPL Electric Utilities Corporation and Bell Atlantic-PA, Inc. by instrument recorded in Miscellaneous Record Book 649, Page 774. 13, Rights granted to Verizon, PA, Inc. and PP&L by instrument recorded in Miscellaneous Record Book675, Page 415. 14. Rights granted to UGI Utilities by instrument recorded in Miscellaneous Record Book 594, Page 328. 15. Rights granted to John C. Thomas for use of sewer lines and facilities by instrument recorded in Miscellaneous Record Book 350, Page 1153. 16. Rights granted to John C. Thomas for sewer lines by instrument recorded in Miscellaneous Record Book 350, Page 1161, 17. Subject to Deed of Easement and Right-of-Way for maintenance of road by instrument recorded in Miscellaneous Record Book 334, Page 113. Assigned to John C. Thomas by instrument recorded in Miscellaneous Record Book 350, Page 1176. 18. Subject to Deed of Easement for a road by instrument recorded in Miscellaneous Record Book 350, Page 1171. 19. Subject to Deed of Easement for sewer installation by instrument recorded in Miscellaneous Record Book 334, Page 142. 20. Subject to Deed of Easement for utility installation by instrument recorded in Miscellaneous Record Book 334, Page 134. 21. Subject to Parital Asssignment of Special Declarant Rights to Michale L. Martin, Inc. by instrument recorded in Miscellaneous Record Book 659, Page 265. 22. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 23. Real estate taxes accruing on and after January 1, 2005, not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental Ii--Court. Robert G. Frey, Agent / ~'~ REAL ESTATE SALE NO. 15 Writ No. 2003-5098 Civil Mortgage Electronic Registration Systems, Inc. vs. Carl Bronitsky Atty.: Frank Federman ALL THAT CERTAIN condominJ- um unit situate, lying and being in the Borough of Lemoyne, Cumber- ]and County, Pennsylvania. described as Unit No. 13-A, The Woods at Bridgeport, a Condominium, a flex- ible condominium, (Unit 13-A) in a Declaration of Bridgeport Associ- ates, Inc. ("Declarant") and Michael L. Martin, Inc. dated December 14, 1992, which has heretofore been submitted to the provisions of the Uniform Condominium Act, Act of July 2, 1980, P.L. 286, No. 82 {68 Pd. C.S.A. Section 3101 et seq.) by ti{~ recording of the said Declara- tion Lq the Office of the Recorder of Deeds, in and for Cumberland Coun- ty, Pennsylvania, in Miscellaneous Book 433, Page 719, as amended by First Amendment to Declaration of Condominium for The Woods at Bridgeport, a Condominium, re- corded 11/the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscella- neous Book 460, Page 838, as amended by the Second Amend- ment to Declaration of CondomLq- Lqm for The Woods at Bridgeport. A Condominium. dated February 17. 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania. in Miscellaneous Book 491, Page 413, (see also revised plan recorded in Plan Book 69, Page 97) and as amended by the Third Amendment to Declaration of Condominium re- corded in Miscellaneous Book 528 Page 386 and the Declaxation 151at Building Ten, The Woods at Bridge- port, A Condominium, by Hartman and Associates, dated August 20. 1996, and recorded in Lhe Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania. in Plan Book 72, Page 134, as amended by the Fourth Amendment to Declaration of Condominium for The Woods at Bridgeport, a Condo- minium, dated September 13. 1996, recorded in Miscellaneous Book 530, Page 988, to convert Phase 3 in its entirety to the Condominium, consisting of Phase 3 in its entirety as set forth Lq the Declaration Plat Building Ten, The Woods at Bridge- port, a Condominium, dated August 20, 1996 and recorded in Plan Book 72, Page 134, as amended by the Fifth Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated Febraary 25, 1997 and recorded in the Office of the Recorder of Deeds in and for Cumberland C~oun~y, Peunsylva.nia, in Miscella~neous Book 541, Page 981 and the Declaration Plat Building Nine. The Woods at Bridgeport, A Condomininm, dated February 24, 1997 and recorded ha the Office of the Recorder of Deeds In and for Cumberland County. Pennsylvania in Plan Book 74, Page 34, as amended by the Sixth Amend- ment to Declaration of CondomlnLqm for The Woods at Bridgeport, A Con- domLqlum, dated May 1, 1998 and recorded in the Office of the corder of Deeds in and For Cum- berland County, Pennsylvania, in Miscellaneous Book 576, Page 1076 and the Declaration Plat Building Eight, The Woods at Bridgeport, A CondomLqLqm, dated April 10, 1998 and recorded in the Office of the Recorder o[ Deeds in and for Cum- berland County, Pennsylvania in Right-of-Way Plan Book 11, Page 147, as amended by the Seventh Amendment to Declaration of Con- domininm for The Woods at Bridge- port, A Condominium, dated August 25, 1999 and recorded in the Of- fice of the Recorder of Deeds In and for Cumberland County, Pennsylva- nia. in Miscellaneous Book 623. Page 35 and the Declaration Plat Building Four, The Woods at Br/dge- port. A Condominium, dated August 25. 1999 and recorded in the Of- fice of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia in Right-of-Way Plan Book 12, Page 76, as amended by the Eighth Amendment to Declaration of Con- dominium for The Woods at Bridge- port, A Condominium, dated De- cember 7, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Miscellaneous Book 633, Page 34, as amended by the Ninth Amendment to Declara~on ( Condominium for The Woods a Bridgeport, A CondomAnium, date, October 30, 2000 and recorded /~ the Office of the Recorder of Deed: in and for Cumberland County Pennsylvania, in Miscellaneous Boot 659, Page 274 and the Declaratior Plat Bu//ding Twelve, The Woods a~ Br/dgeport, A Condominium dated October 27, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right-of-Way Plan Book 12, Page 117, as amended by the Tenth Amendment to Declara- tion of Condornirdum for The Woods at Bridgeport, A Condominium, dated February 14, 2001 and re- corded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscella- neous Book 667, Page 330 and the Declaration Plat Building Eleven, The Woods at Bridgeport, A Condo- rinnium dated February 15, 2001 and recorded In the Office of the Recorder of Deeds in and for Cum- berland County, Pennsylvania in Right-of-Way Plan Book 12, Page 126, as amended by the Eleventh Amendment to Declaration of Con- dorrdnium for The Woods at Bridge- port, A Condominium, dated May 18, 2001 and recorded in the Of- rice of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia Lq Miscellaneous Book 676, Page 1075 and the Declaration Plat Build- ing Thirteen, The Woods at Bridge- port, A Condomininm dated May I6, 2001 and recorded In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right-of-Way Plan Book 12, Page 134, together with a proportionate undivided interest in the common elements (as defmed in subject dec- laration) of 5.947%. TOGETHER with the right of in- gross to and egress from said prop- erty and the right to use, for all proper purposes, In common with the Declarant and the Grmators the/r successors and assigns and all other occupants from time to time any and aL! portions of the project des- ignated as Common Elements by the Declaration or by stsinte. TITLE TO SA/D PREMISES IS VESTED rN Carl Bronitsky, an Adult Individual by Deed from Michael L. Martin, Inc., a Permsylvania Corpo- ration and Br/dgeport Associates, Inc., a Pennsylvania Corporation dated 6/28/200I and recorded 7/ 13/200i in Record Book 247, Page 2048. Tax Parcel #12-20-1858-003B. 4. Name and address of last recorded hol~ler of every mortgage of record: SalTle 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 may be affected by the sale. Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Sarne Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County 10 CRAIN CIRCLE A/K/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM LEMOYNE, PA 17043 Commonwealth of Pennsylvania Department of Welfare 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. January 14, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CARL BRONITSKY Defendant(s). CUMBERLAND COUNTY No. 03-5098 C.T. January 14, 2004 TO: CARL BRONITSKY 10 CRAIN CRCLE AJK/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM LEMOYNE, PA 17043 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY. * * Your house (real estate) at, 10 CRAIN CIRCLE A/K/A UNIT #13-A, THE WOODS AT BRIDGEPORT, A CONDOMINIUM, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $410,760.25 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215} 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able t0stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full mount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin 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 condominium unit situate, lying and being in the Borough of Lemoyne, Cumberland County, Pennsylvania, described, a~ ~Jait No. 13-A, The Woods at Bridgeport, a Condominium, a flexible condominium, (Unit 13~A) in a Declaration of Bridgeport Associates, Inc. (~Declarant") and Michael L. Martin, [nc. dated December 14, 1992, which has heretofore been submitted to the provisions of the Uniform Condominium Act, Act of July 2,1 1980, P.L. 286, No. 82 (68 Pa C.S.A. Section 3101 et seq.) by the recording of the said Declaration in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Miscellaneous Book 433, Page 719, as amended by First Amendment to Declaration_of Condominium for The Woods at Bridgeport, a Condominium, recorded in the Office of the RecOrder of Deeds in and for Cumberland County,, Pennsylvania, in Miscellaneous Book 460, Page 838, as amended by the Second Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated February 17, 1995: and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 491, Page 413, (see also revised plan recorded in Plan Book 69, Page 97) and as amended by the Third Amendment to Declaration of Condominium recorded in Miscellaneous Book 528. Page 386 and the Declaration Plat Building Ten, The Woods at Bridgeport, A Condominium, by: Hartman and Associates, dated August 20, 1996, and recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan Book 72, Page 134, as amended by the Fourth Amendment to Declaration of Condominium for The Woods at Bridgeport, a Condominium, dated September 13, 1996, recorded in Miscellaneous Book 530, Page 988, to convert Phase 3 in its entirety to the Condominium, consisting of Phase 3 in its entirety as set forth in the Declaration Plat Building Ten, The Woods at Bridgeport, a Condominium, dated August 20, 1996 and recorded in Plan Book 72, ---Pa~e 13;~v--as an~ko,~oxl'~y,.flae FiftLx Ara~/tdment to D~ Go. ndominium for The Woods at Bridgeport, A~Condom~mum, dar _ed~F~q~ruary ~5, 199~'~i~rec'~c~Yded m the Office of the Recorder of Dbeds ia fiiid for c/imbe~fiad C6h~b~', ]~ennsylvania ~ Mis_~ll~neous Book 541, Page 981 and the Declaration Plat Building NiChe, The Woods at Bridgeport, A'C0adominium, daCed February 24, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 74, Page 34, as amended by the Sixth Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated May 1, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 576, Page 1076 and the Declaration Plat Building Eight, The Woods at Bridgeport, A Condominium, dated April 10, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right- of-Way Plan Book 11, Page 147, as amended by the Seventh Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condomhfium, dated August 25, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 623, Page 35 and the Declaration Plat Building Four, The Woods at Bridgeport, A Condominium, dated August 25, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right-of-Way Plan Book 12, Page 76, as amended by the Eighth Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated December 7, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 633, Page 34, as amended by the Ninth Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated October 30, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 659, Page 274 and the Declaration Plat Building Twelve, The Woods at Bridgeport, A Condominium dated October 27, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, pennsylvania in Right-of-Way Plan Book 12, Page 117, as amended by the Tenth Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated Feb~ 14-~_a~r ...o~l .e~ ~ t~.~.ce of the ~ D~ in and for Cumberland County, ~e~ylTvam~~l~n' ~u~'B0~, ;Page-~30"~Za~nS~ll~-""Declaration Plat Building Eleven, The Woods,at Brid~eport,'A Cond0minifim dated February 15, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland CoUnty, Pennsylvania in Right-of-Way Plan Book 12, Page 126, as amended by the Eleventh Amendment to Declaration of Condominium for' The Woods at Bridgeport, A Condominium, dated May 18, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 676, Page 1075 and the Declaration Plat Building Thirteen, The Woods at bl'idg~eporL A Condominium dated May 16, 2001 and recorded in the Office of the Recorder of Deeds ,in and for Cumberland County, Pennsylvania in Right- of-Way Plan BOOk 12, Page 134, together With a proportionate undivided interest in the common elements (as defined in subject declaration) of 5.947%. TOGETHER with the right of ingress to and egress from said property and the right to use, for all! , proper purposes, in common with the Declarant and the Grantors theft successors and assigns and alii ~ other occupants from time to time any and all portions of the project designated as Common Elements by the Declaration or by statute.- "~'~--a2~_~_ l~.~-'~~~a ll~4l~lll~, an Adult Individual by Deed from Michael L. Martin, Inc., a Pennsylvania Corporation and ]l"~'dgeport Associates, Inc., a Pennsylvania Corporation dated 6/28/2001 and recorded 7/13/2001 in Record Book 247, Page 2048. Tax Parcel #1~-20-1858-003B THE PA T IOT 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 Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 271h day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said pdnted notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County~Book "M", Volume 14, Page 317. PUBLICATION REAL ESTATE ~ALE No. I~ ,~ gembo~,penr, lylvanlaA~lociatlonmINotat'J~l My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT*NEWS CO., Dr. THE PATRIOT NEWS THESUNDAY 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 Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Coun~Book "M", Volume 14, Page 317. PUBLICATION COPY Swom to an~b5EA~d efor~8~th day./of May .2/0~ A.D. ~ M~o~'l~Ts~on ~res June 6,2006 NOTARY PUBLIC ~- Y ~ember, Pennlylvlnll,*~lo¢lllJ~ll~lNotal'Jll My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 732.49 Publisher's Receipt for Advertising Cost The Patdot 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. REAL ESTATE SALE No. 15 Writ No, 2003-509B Civil Term Mortgage Electronic Registration Systems, inc. Vs Carl Bronltekv Arty= Frank Federman DES( RIPTION ALL THAT CERTAIN ¢ondon~tnium unit situate, tying ~md benin in tht Borough of Lemoyne, Cumberland County, Pat~sylvmia, d~sctibed as Unit No. 13-A, The Woods at Brldge~rt, a Condominium, a flexible condominium, (Unit 13-A) in a Declaration of Bridgeport Associates, Eac. 0D¢-elmanti) and Michael L, Malays, he, ~t¢O December 14,1992, Declaration of Condom~nim for The Woods MisceRan~ons Book 460, Page 838, as amc4 Condominium for The Woods at Co~donfi~um. dated FebrnaU 17, 1¢95 alld~ cord~ in the Office of the Recolder uf Dee~ ~ and f~' Caraberland County, Pan~ylva~ and m araended b) Cumbeflmt County, Pe~syivania, in Man Book 32, Page amended by the Fom~h September 13, 1996, Book 530, Page C~ da~ ~ ~B~k72,P Coud~m ~ 1036 m August 25, Br~.m0eY of Deeds in and County, Pctmsylvania, in 623, PaNe Four, The Woods at Bfidgepori, dated Angst 25, of tbe P County, pennsylvania in 12, Pige 76, as amclld~d Amendment to Declaration of The WOods at Bfidgepori, A Con~ Decembe 3, 1999 ~h¢ Recorder of Deeds in and County, Pennsylvania, i~ 633, Page 34, as arac~dad Amendment to Declaration of The Woods at Bridge-port, da~ Octub~ of thc Recorder of Deeds hi County, peun-syivo ,ia, in 659, Page 234 and ~ l~elve The Woods at Condomi~um dated Octob~ ~o~cd in ~ Offir~ of the g~aalde~ and fcc Cumberland P, ight~f-Way ~ B~k araended by the Teath Amendtll~l{l~ of ¢omiomimum for The Condomini~ d,~:~ ~ord~d in the Ofiice of tbe R~i~J~ ~ and for Cumberland Miscel[aaeou~ Book 667, Decimation Plat Bffflding Bridgeport, A Condul~iai,lm dtbed Fetm~ 15, 2001 and the ~o~ of [~.~, ni Cour~, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 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. REAL F_~TAT~ [tALE NO. 15 Writ No. 2003-5098 Civil Mortgage Electronic Registration Systems, Inc. VS. Carl Bronitsky Atty.; Frank Federman ALL TI-IAT CERTAIN condomini- um unit situate, lying and being in the Borough of Lemoyne. Cumber- land County, Pennsylvania, described as Unit No. 13-A, The Woods at Bridgeport, a Condominium, a flex- Ible condominium, {Unit 13-A) in a Declaration of Bridgeport Associ- ates, Inc. ['Declarant') and Michael L, Martin, Inc. dated December 14, 1992, which has heretofore been submitted to the provisions of the Unifom Condominium Act, Act of July 2, 1980, P.L. 286, No. 82 (68 Pa. C.S.A. Sect3on 3101 et seq.) by the recording of the said Declara- tion in the Office of the Recorder cf Deeds, in and for Cumberland Coun- t~l ~Pen. ns¥1vani~a, SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 N O'~"~I~LY~EAL (J LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 Atty.: Frank Federman ALL THAT CERTAIN condomini- um unit situate, lying and being in the Borough of Lemoyne, Cumber- land County, Pennsylvania. described as Unit No. 13-A, The Woods at Bridgeport, a Condominium, a flex- ible condoralnium, (Unit 13-A) in a Declaration of Bridgeport Associ- ates, Inc. ["Declarant9 and Michael L. Martin, lnc. dated December 14, 1992, which has heretofore been submitted to the provisions of the Uniform Condominium Act, Act of July 2, 1980, P.L. 286, No. 82 (68 Pa. C.S,A. Section 3101 et seq.) by the recording of the said Deolara- tion in the Office of the Recorder of Deeds, in and for Cumberland Coun- ty, Pennsylvania, in Miscellaneous Book 433, Page 719, as amended by First Amendment to Declaration of Condominium for The Woods at Bridgeport, a Condominium, re- corded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscella- neous Book 460, Page 838, as amended by the Second Amend- ment to Declaration of Condomin- ium for The Woods at Bridgeport, A Condominium. dated February I7, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 491, Page 413. {see also revised plan recorded in Plan Book 69, Page 97) and as amended by the Third Amendment to Declaration of Condominium corded in Miscellaneous Book 529 Page 386 and the Declaration Plat Building Ten, The Woods at Bridge- port, A Condominium, by l-iartman and Associates, dated August 20, 1996, and recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan Book 72, Page 134, as amended by the Fourth Amendment to Declaration of Condominium for Tine Woods at Bridgeport, a Condo- minium, dated September 13, 1996, recorded in Miscellaneous Book 530, Page 988, to convert Phase 3 in its entirety to the Condominium, consisting of Phase 3 in its entirety as set forth in the Declaration Plat Building Ten, The Woods at Bridge- port, a Condominium, dated August 20, 1996 and recorded in Plan Book 72, Page 134, a~ amended by ihs Fifth Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated Febraary 25, 1997 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 541, Page 981 and the Declaration Plat Budding Nine, The Woods at Bridgeport, A Condominium, dated February 24, 1997 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, pennsylvania in Plan Book 74, Page 34, as amended by the Sixth Amend- ment to Declaration of Condominium for The Woods at Bridgeport, A Con- dominium, dated May 1, 1998 and recorded in the Office of the corder of Deeds in and for Cum- berland County, Pennsylvania, in Miscellaneous Book 575, Page 1076 and the Declaration Plat Building Eight, The Woods at Bridgeport, A Condominium, dated April 10, 1998 and recorded in the Office of the Recorder of Deeds in and for Cum- berland County, Pennsylvania in Right-of-Way Plan Book 11, Page 147, as amended by the Seventh Amendment to Declaration of Con- dominium for The Woods at Bridge- port. A Condominium, dated August 25, 1999 and recorded in the Of- fice of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia, in Miscellaneous Book 623, Page 35 and the Declaration Plat Building Four, The Woods at Bridge- port, A Condominium, dated August Permsylvania th Plan Book 74, Page 34, as amended by the Sixth Amend- ment to Declaration of Condominium for The Woods at Bridgeport, A Con- dorninium, dated May 1, 1996 and recorded in the Office of the corder of Deeds in and for Cum- berland County, Pennsylvania, in Miscellaneous Book 576, Page 1076 and the Declaration Plat Building Eight, The Woods at Bridgeport. A Condominium. dated April 10, 1998 and recorded in the Office of the Recorder of Deeds in and for Cum- berland County, Pennsylvania in Right-of-Way Plan Book 11. Page 147, as amended by the Seventh Amendment to Declaration of Con- domlnium for The Woods at Bz'idge- port, A Condominium, dated August 25, 1999 and recorded in the Of- flee of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia, in Miscellaneous Book 623. Page 35 and the Declaration Plat Building Four, The Woods at Bridge- port, A Condom/nium. dated August 25, 1999 and recorded in the Of- flee of the Recorder of Deeds in and for Cumberland County. Pennsylva- nia in Right-of-Way Plan Book 12. Page 76, as amended by the Eighth Amendment to Declaration of Con- dominium for The Woods at Bridge- port, A Condominium, dated De- cember 7, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Miscellaneous Book 633, Page 34. as amended by the Ninth Amendment to Declaration of Condominium for The Woods at Bridgeport, A Condominium, dated October 30, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, pennsylvania, in Miscenaneous Book 659, Page 274 and the Declaration Plat Building Twelve, The Woods at Bridgeport. A Condominium dated October 27. 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Right-of-Way Plan Book 12, Page 117, as amended by the Tenth Amendment to Declara- tion of Condominium for The Woods at Bridgeport. A Condominium. dated February 14, 2001 and re- corded in the Office of the Recorder of Deeds in and for Cumberland County, Pemlsylvania in Miscella- neous Book 667, Page 330 and the Declaration Plat Building Eleven, The Woods at Br/dgeport, A Condo- minium dated February 15, 2001 and recorded in the Office of the Recorder of Deeds in and for Cum- berland County. Pennsylvania in Right-of-Way Plan Book 12, Page 126, as amended by the Eleventh Amendment to Declaration of Con- dominium for The Woods at Bridge- port, A Condominium, dated May 18, 2001 and recorded in the Of- /ice of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia in Miscellaneous Book 676, Page 1075 and the Declaration Plat Build- ing Thirteen, The Woods at Bridge- port, A Condominium dated May 16, 2001 and recorded in the Office of the Recorder of Deeds In and for Cumberland County, Pennsylvania in Right-of-Way Plan Book 12. Page 134, together with a proportionate undivided interest in the common elements {as defined in subject dec- laration) of 5.947°/0. TOGETHER with the right of in- gress to and egress from said prop- erty and the right to use, for all proper purposes, in common with the Declarant and the Grantors their successors and assigns and all other occupants from time to time any and all portions of the project des- lgnated as Common Elements by the Declaration or by statute. TITLE TO SAID PREMISES IS VESTED IN Carl Bronitsky, an Adult Individual by Deed from Michael L. at Bridgeport, A Condominium, dated February 14, 200] and corded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miseefia- neous Book 667, Page 330 and the Declaration Plat Building Eleven, The Woods at Bridgeport, A Condo- minium dated February 15, 2001 and recto'dod in the Office of the Recorder of Deeds in and for Cum- berland County, Pennsylvania in Right-of-Way Plan Book 12, Patio 126, as amended by the Eleventh Amendment to Declaration of Con- dorrdnium for The Woods at BlJdge- port, A Condominium, dated May 18, 2001 and recorded in the Of- fice of [tie Recorder of Deeds in and for Cumberland Count5,, Permsylva- nla in Miscellaneous Book 676, Page 1075 and the Declaration Plat Butld- thg Thirteen, The Woods at Bridge- port, A Condominium dated May 16, 2001 and recorded in the Of/Ice of the Recorder of Deeds in and for Cumberland County, Pennsylvania tn Rtght*of-Way plan Book 12, Page 184, together wttha proportionate undivided interest in the common elements (as defined in subject dec- laration) of 5,947%. TOGETHER with the right of in- gress to and egress from said prop* erty and the right to use, for all proper purposes, in common with the Declarant and the Grantors their successom and assigns and all other occupants from time to time any and all portions of the project des* lgnated as Common Elements by the Declaration or by statute. TITLE TO SAID PREMISES IS VESTED IN Carl Bmnitsky, an Adult Individual by Deed from Michael L. Martin, Inc., a Permsylvarda Corpo- ration and Bridgeport Associates, Inc., a Pennsylvania Corporation dated 6/28/2001 and recorded 7/ 13/2001 in Record Book 247, Page 2048. Tax Parcel #12-20-1858-003B.