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HomeMy WebLinkAbout03-5478FEDERMAN 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 ATTORNEY FOR PLAINTII~F MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI 33 CENTRAL BOULEVARD CAMP HILL, PA 17011 COURT OF COMMON PLEAS CIVIL DIVISION TERM CUIvIBERLAND COUNTY Defendant(s) CIVIL ACTION - LAV~ COMPLAINT IN MORTGAGE FOgECLOSURE ( 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 wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO 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 #: 80869 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 VVRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 80869 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI 33 CENTRAL BOULEVARD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/29/2000 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. 1603, Page 268. 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 06/01/2003 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 #: 80869 The following amounts are due on the mortgage: Principal Balance Interest 05/01/2003 through 10/15/2003 (Per Diem $24.74) Attorney's Fees Cumulative Late Charges 03/29/2000 to 10/15/2003 Cost of Suit and Title Search Subtotal $92,598.09 4,156.32 1,250.00 162.40 $ 550.00 $ 98,716.81 Escrow Credit 0.00 Deficit 537.85 Subtotal $ 537.85 TOTAL $ 99,254.66 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 99,254.66, together with interest from 10/15/2003 at the rate of $24.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, Clap FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 80869 AU, THAT CERTAIfl Ir~ct ~r i~wr,~l of grm~ml ~im in Ilmmpdmn Town~ip, Cuml~dend County, Pmt.~/~b,. ,to~ Imrtfculwdy Im~ ~ d~ ~:cprdi~ to · ~ of p.P. Jtiffafltpwger, Registered Surveyor, dated Ang~t i BEGMNW6 et a point en dm Eastern ddll nf CsnL-d Bmdevard, 100 fast $oufh af rite Southeast ,',,met of th~ {nle~mction af Central 8nulevard lad Park StraeC also lit the (Jvid~g llmJ ketweml Lot ~ 2 and 3, e.~ tim lurelnuftm' nmdelld Pku ~ I, MIG tbfncs Eastwardly ailing tlm nme i.E[O feet to a pobt Bt the t~vi~Bflg I~ll kltwlim Id4 k 3 sad 14 ~ said Plerc theilef Smfthwardiy ahmg t~t saint liO ~ ti I~ fit ~ diddllg Illin liatW~ L~i~::3~ ~ BEING Lot Na. 3, ~ock I.~ a~ Phf~ g~ ~akweod Park, said Ft~ bablg reqorded in Plap Book ~, paga 50. Cumberland County Pd~dL HAW#G TI4EIF~N .E~J a mo sterY bfi~k dwdlktg Ismsf known ~s 33 Cefl~rd bekmrd, Camp Hill, Pennsyiv~'m, VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attomey for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaimiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN - CASE NO: 2003-05478 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND MORTGAGE ELECTRONIC REGISTP~AT VS MISHINISKI NICHOLAS J ET AL Thomas Kline a diligent Ro duly sworn according to law, says, that he made inquiry for the within named DEFENDANT MICHINSKI NICHOLAS J unable to locate Him in his bailiwick. COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being search and but was He therefore returns the the within named DEFENDANT 33 CENTRAL BLVD CAMP HILL, PA 17011 , NOT FOUND , MICHINSKI NICHOLAS J PROPERTY AT 33 CENTRAL BLVD CAMP HILL IS VACANT. PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit 5.00 Surcharge 10.00 .00 41.97 So answers :__~- .... 7~>?~_-r/~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 10/27/2003 Sworn and subscribed to before me this day of~~_~ A. D. notary , as to SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-05478 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS MISHINISKI NICHOLAS J ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT MISHINSKI ROSE CHRISTINE unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the the within named DEFENDANT 33 CENTRAL BLVD CAMP HILL, PA 17011 , NOT FOUND , MISHINSKI ROSE CHRISTINE 33 CENTRAL BLVD CAMP HILL IS VACANT. PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 Sheriff of Cumberland County FEDERMAN & PHELAN 10/27/2003 Sworn and subscribed to before me this ~ ~ day of~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05478 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS MISHINISKI NICHOLAS J ET AL R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT MISHINSKI NICHOLAS J but was unable to locate Him in his deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE Sheriff or Deputy Sheriff who being a diligent search and , to wit: bailiwick. He therefore County, Pennsylvania, to On October 27th , 2003 attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 31.50 .00 56.50 10/27/2003 FEDERMAN & PHELAN Sworn and subscribed to before me this day of ~ A.D. Prothonotar'y ' ' this office was in receipt of the So answers: .~ ~/~ /~-j~ R. Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05478 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS MISHINISKI NICHOLAS J ET AL R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT MISHINSKI ROSE CHRISTINE but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT - Sheriff or Deputy Sheriff who being a diligent search and , to wit: in his bailiwick. County, MORT FORE He therefore Pennsylvania, to On October 27th , 2003 attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 10/27/2003 FEDERMAN & PHELAN Sworn and subscribed to before me this ¢ ~ day ~ A.D. ~-- Prothonotary ' , this office was in receipt of the So answers :/~ ...... ~3_.~-/~ Sheriff of Cumberland County in' The Court of Common Pleas of Cumberland County, Pennsylvania Mortga§e Electronic Registration Systems Inc VS. Nicholas J. Mishinski et al SERVE: N~cholas J. Mishinski No. 03-5478 civil NOW, October' 17, 2003 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Shoriff of Cumt~erland County, PA Now~ within upon at by handing to and made known to Sworn and subscribed before me this __ day of ,20 Affidavit of Service ,20 ._, at o'clock __ M. served the copy of the original So answl~rs ~ the contents thereof. Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255~2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : MORTGAGE ELECTRONIC REGISTRATION SYSTE vs : MISHINSKI NICHOLAS J Sheriff's Return No. 2784-T - -2003 OTHER COUNTY NO. 03 5478 AND NOW:October 21, 2003 at 9:04AMserved the within NOTICE & COMPLAINT IN MORTG FORECLOSURE MISHINSKI ROSE CATHERINE to DEF of the original upon by personally handing 1 true attested copy(ies) NOTICE & COMPLAINT IN MORTG FORECLOSURE and making known to him/her the contents thereof at 5732 CRICKET LANE HARRISBURG, PA 17112-0000 Sworn and subscribed to before me this 21ST day off ~OCTOBER, 2003 ~ \ PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. Sheriff Sheriff's Costs: $31.50 PD 10/20/2003 RCPT NO 183935 GASPICH ~n The Court of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systems Inc Nicholas J. Mishinski et al SERVE: Rose Christine Mishinski No. 03-5478 civil ~OV~, October 17, 2003 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. Sheriffof Cumt~erland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this ~XJOW~ within upon at by handing to a and made known to Affidavit of Service , 20 ., at o'clock copy of the original So answers ~ M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : MORTGAGE ELECTRONIC REGISTP~ATION SYSTE vs MISHINSKI NICHOLAS J Sheriff's Return No. 2784-T - -2003 OTHER COUNTY NO. 03 5478 AlqD NOW:October 21, 2003 at 9:04AMserved the within NOTICE & COMPLAINT IN MORTG FORECLOSURE MISHINSKI NICHOLAS J to ROSE CATHERINE MISHINSKI (WIFE) upon by personally handing 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN MORTG FORECLOSURE and rmaking known to him/her the contents thereof at 5732 CRICKET LANE HARRISBURG, PA 17112-0000 Sworn and subscribed to before me this 21ST day of~OBER, 2003 PROTHONOTARY So Answers, Sheriff of Dauphin County, Sheriff Pa. Sheriff's Costs: $31.50 PD 10/20/2003 RCPT NO 183935 GASPICH FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5478-CV 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 NICHOLAS J. MISHINSKI and ROSE CHRISTINE MISHINSKI, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/15/03 to 12/2/03 TOTAL $99,254.66 $1,212.26 $100,466.92 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAf/E~D. PRO PROTHY FEDERMAN AND PHELAN, LLP · FRANK FEDERMAN, ESQ., Id. No. 12248 'LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (~ s) s6~-7ooo MORTGAGE ELECTRONIC SYSTEMS, [NC Plaintiff REGISTRATION Vs. NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIV1L DIVISION : CUMBERLAND COUNTY : NO. 03~5478-CV TO: NI ~CHOLAS J. MISHINSKI 33 CENTRAL BOULEVARD CAMP HILL, PA 17011 DATE OF NOTICE: NOVEMBER 13, 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 HERE[N, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LPeWYER, THIS OFFICI~ MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICLe~TOTELIGIBLE PERSONS:AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 COPY FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL[NAN, ESQUIRE Attorneys for Plaintiff EEDEKMAN 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 (?15) 56%7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC SYSTEMS, INC Plaintiff REGISTRATION : COURT OF COMMON PLEAS : CIVIL DIVISION VS. : CUMBERLAND COUNTY NICHOLAS J. MISHINSKI ROSE CHRISTINE MISH1NSKI Defendants : NO. 03-5478-CV TO: ROSE CHRISTINE MISHINSKI 33 CENTRAL BOULEVARD CAMP HILL, PA 17011 DATE OF NOTICE: NOVEMBER 13, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU 1N AN ATTEIV[PT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING 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. THIS OFFICE CAN PROVIDE YOU WITH iNFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO 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, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRa~NK 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 (?~ 5) 56q-7000 MORTGAGE ELECTRONIC SYSTEMS, INC Plaintiff REGISTRATION VS. NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-5478-CV TO: NICHOLAS J. MISHINSKI 5732 CRICKET LANE HARRISBURG, PA 17112 DATE OF NOTICE: NOVI~MBER 13, 2003 THIS FIRM 1S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO 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 C0, ¥ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 (715) MORTGAGE ELECTRONIC SYSTEMS, INC Plaintiff REGISTRATION Vs. NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-5478-CV TO: ROSE CHRISTINE MISHINSKI 5732 CRICKET LANE HARRISBURG, PA 17112 DATE OF NOTICE: NOVEMBER 13, 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 Al I EMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ? "- F"R~NK FEDEILMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart AssisUmt Chief Deputy Commonwealth of Pennsylvania County of Dauphin MORTGAGE ELECTRONIC REGISTP. ATION SYSTE vs MISHINSKI NICHOLAS J Sheriff's Return No. 2784-T - -2003 OTHER COUNTY NO. 03 5478 AND NOW:October 21, 2003 at 9:04AMserved the within NOTICE & COMPLAINT IN MORTG FORECLOSURE MISHINSKI ROSE CATHERINE to DEF of the original upon by personally handing 1 true attested copy(~es) NOTICE & COMPLAINT IN MORTG FORECLOSURE and making known to him/her the contents thereof at 5732 CRICKET LANE HARRISBURG, PA 17112-0000 Sworn a~d subscribed to before me this 21ST day of OCTOBER, PROTHONOTARY 2003 SO Allswers, Sheriff of Dauphin County, Sheriff Sheriff's Costs: $31.50 PD 10/20/2003 RCPT NO 183935 GASPICH FEDERM3eN and PHELAN, LLP By: FRANK FEDERMAN · Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-$478-CV VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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 NICHOLAS J. MISHINSKI is over 18 years of age and resides at, 5732 CRICKET LA_NE, HARRISBURG, PA 17112. (c) that defendant ROSE CHRISTINE MISHINSKI is over 18 years of age, and resides at, 5732 CRICKET LANE, HARRISBURG, PA 17112. This statement 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 LEGAL DESCRIPTION THENCE, ~UTHWARDLY ALONG THE SAME 60 FEET TO A POINT AT THE DrVIDIN(] LINE BETWEEN I~OT NOS. 3 AND 4 ON SAID PLAN; THENCE NORT~WAP. DLY ALONG THE SA~E FIFTY (50) FEET TO .~ POINT, THE T~ ~EY NUMBER: 10-21-0277-297 PROPERTY: 33 CENTRAL BOULEVARD, CAMP HILL, PA 17011 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, NICHOLAS J. MISItINSKI ROSE CHRISTINE MISHINSKI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-5478-CV Notice is given that a Judgment in the above-captioned matter has been entered against you on 3 2oo DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI Defendant(s). No. 03-5478-CV TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/2/03 to MARCH 2, 2004 (per diem -$16.52) TOTAL $100,466.92 $1,519.84 and Costs $101,986.76 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 18 l 4 Attorney for Plaintiff Note: Please attach description of property. No. LEGAL DESCRIPTION TH~CE NORTHWARDLY ALONO THE SAME FIFTY (50) FEET TO k ~CINT, THE pLACE OF BE~INNINO. PROPERTY: 33 CENTRAL BOULEVARD, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5478 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,/NC., P/aintiff (s) From NICHOLAS J. MISH1NSKI AND ROSE CHRISTINE MISHINSKI (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 oftha 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 defkndant (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. AmountDue $100,466.92 L.L. $.50 Interest FROM 12/2/03 TO 3/2/04 ( PER DIEM - $16.52) - $1,519.84 AND COSTS Atty's Corem % Atty Paid $217.47 Plaintiff Paid Date: DECEMBER 3, 2003 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG Prothon~y q,.~By: REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN 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 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SU/TE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5478-CV 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, FRANK 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. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5478~CV VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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 NICHOLAS J. MISHINSKI is over 18 years of age and resides at, 5732 CRICKET LANE, HARRISBURG, PA 17112. (c) that defendant ROSE CHRISTINE MISHINSKI is over 18 years of age, and resides at, 5732 CRICKET LANE, HARRISBURG, PA 17112. This statement 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI De~ndam(~. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-$478-CV 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 ,33 CENTRAL BOULEVARD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI 5732 CRICKET LANE HARRISBURG, PA 17112 5732 CRICKET LANE HARRISBURG, PA 17112 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) HARIT T. TRIVEDI AND DIPTI H. TRIVEDI 1610 MATTHEW DRIVE CAMP HILL, PA 17011 KIRTI K. SHAH AND PRAGNA K. SHAH 1802 YORK STREET MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: NalTle 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. lqallle 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 33 CENTRAL BOULEVARD CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are 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. December 2, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI Defendant(s). TO: NICHOLAS J. MISHINSKI 5732 CRICKET LANE HARRISBURG, PA 17112 CUMBERLAND COUNTY No. 03-5478-CV December 2, 2003 ROSE CHRISTINE MISHINSKI 5732 CRICKET LANE HARRISBURG, PA 17112 * *THIS FIRM IS A DEBT COLLECTOR A TTEMPT1NG TO COLLECTA 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, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 33 CENTRAL BOULEVARD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on MARCH 2, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $100,466.92 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) you MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3, The sale will go through only if the buyer pays the 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 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 LEGAL DESCRIPTION THENCE EAST~A,U2DLY ALONG THE SAME 150 FEET TO A POINT AT THE DIV~DIN(3 L/NE BETWEEN LOT NOS 3 ~ 14 ON SAiD pi~; TH~qCE SOU~I~q/3LY ALONG T~E SA~4E 60 F~ET TO A POINT AT THE Di-VIDING LI/~E BETWE~ LOT NOS. 3 AND 4 ON S;~ID PLAN; T~E~CE WES~WARDLY ALONG T~ SAME 1~0 FEET TO A POINT ON TEE ~TE~ SIDE OF CENTR3%L BOULEV~qD; TPLENCE NORTHWARDLY ALONG THE $/%ME FIFTY (50) FEET TO A POINT, THE pLACE OF BEGINNING. TAX K~Y NUMBER: 10-21-0~77-297 PROPERTY: 33 CENTP. AL BOULEVARD, CAMP HILL, PA 17011 PLAINTIFF DEFENDANT (S) SERVE AT AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI 5732 CRICKET LANE HARRISBURG, PA 17112 CUMBERLAND COUNTY No. GD 03-5478-CV Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2004 SERV,ED Served and made known toj~f]O<l.e _f)~,n.t~z.~oA a . .~ant, on the 200 at ~ ~ff>~" ', o'clock~Q.m, at ~-7 :~/,,~ Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. . Adult family member with whom Defendant(s) reside(s). Relationship is '-~; Adult in charge of Defendant(s)'s residence who refused to give name or rel~tions~p. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Aget~.~- ~' Height~¢ 3'-~Weight~'~00Race ~ Sex ~ Other au,t, n du,y to 'w, s~e that I personally po'ste~lJ~me an~correct copy of the Notice of Sheriff' s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed · of ,200 /I- [," , ! OXSV, RVED (./ On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: Moved Unknown__ No Answer __ Vacant Other: 1st attempt ,2nd attempt ,3rd attempt Date & Time Date & Time Date & Time Sworn to and subscribed before me this day of ,200 _. Notary: By: Loan #0000315100 Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station- Suite 1400 Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY No. GD 03-5478-CV DEFENDANT (S) NICHOLAS J. MISHINSKI ROSE CHRISTINE MISItINSKI Type of Action - Notice of Sheriff's Sale SERVE AT 5732 CRICKET LANE HARRISBURG, PA 17112 Sale Date: MARCH 3, 2004 SERVED Served and made known to'/~ KLt/~J~ ~,./· ,~fendant, on the /~Q~EI.~ day of ~a,~, 200g at-~, o ' c l°ck~--'m', at - ~°7-'~':'~" ~~0-~ ;~ ~ ~' f/x~x.~. Commonwealth of Pennsylvania, in the manner described below: ~ Defendant personally served. __ Adult fan~.ly member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Heigh~.~e~L;c~Weight/~t(-~l. 0a.~Race t~) Sex ~ Other Age ' L~ Description: I,/~fO.~g4~Cl/,~ J Roc4~Le~r'~ a competent adult, being duly sworn according to law, depose and sta~e that I personally po~te~Oaue ~ correct copy of the Notice of ShenW s Sale tn the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sw6rn to and subscribed . , befor6 me this ~ of ,200 , ~ :' , ~ ~ , NOT SERVED ~ ' ' *~*ATTEMPT~ SERVICE NLT T~E (3) T~ES*** On the day of ,200__, at FOUND because: o'clock __.m., Defendant NOT Moved __ Unknown__ No Answer __ Vacant Other: 1st attempt ,2nd attempt ,3rd attempt Date & Time Date & Time Date & Time Sworn to and subscribed before me this day of ,200 _. Notary: By: Loan #0000315100 Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station- Suite 1400 Philadelphia, PA 19103 (215) 563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION ) VS. NICHOLAS J. MISHINSKI ROSE CHRISTINE MISHINSKI ) CIVIL DIVISION ) NO. 03-5478-CV 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 December 4, 2003 true 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: February 9, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 0 ~ 0004300377 DEC04 2003 MAILED FROM ZIPCODE ~ 9~ 03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 3rd day of March A.D., 2004, under and by virtue of a writ Execution issued on the 3rd day of Dec, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 5478, at the suit of Mtg Electronic Ree systems Inc against Nicholas J Mishinski & rose Christine is duly recorded in Sheriff's Deed Book No. 262, Page 750. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this o~-t~ ~ , A.D2004 ~ day of D[ecorder of Deeds Mortgage Electronic Registration Systems, Inc. VS Nicholas J. Mishinski and Rose Christine Mishinski In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5478 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Nicholas J. Mishinski and Rose Christine Mishinski, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PeImsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Dauphin County Return: Served the defendants, Nicholas J. Mishinski and Rose Christine Mishinski on December 10, 2003 at 1:05 o'clock P.M., by handing to Catherine Mishinski, personally and wife of Nicholas Mishinski, at 5732 Cricket Lane, Harrisburg, PA 17112, and made known unto her the contents thereof. So answers: J.R. Lotwick, Sheriff of Dauphin County, Pennsylvania. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 1:05 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 Nicholas J. Mishinski and Rose Christine Mishinski located at 33 Central Blvd., Camp Hill, 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 defendants, to wit: Nicholas J. Mishinski and Rose Christine Mishinski, by regular mail to their last known address of 5732 Cricket Lane, Harrisburg, PA 17112. These letters were mailed under the date of January 12, 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 March 3, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $824.19, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 16.16 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 10.35 Levy 15.00 Surcharge 30.00 Out of County 9.00 Dauphin County 36.50 Law Journal 279.35 Patriot News 232.51 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 824.19 This d~t~ dayof m~---'--~ --'~'~ ~ ~ f R. Thomas Kline, Sheriff Real EstatefDeputy 3° i. s-o Real Estate Sale # 55 On December 05, 2003 the sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 33 Central Blvd., Camp Hill, more fiflly described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 05, 2003 By:~~lq Real Estaf~ Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 20th and 27th day(s) of January and the 3rd day(s) of February 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; end That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphi~}n M ~cel~neous Book 'M", PUBLICATION .............................................................. COPY Sworn to and subscribed before... ~r~is 23rd day~ 'F~'~ry 2004 A.D. ~ ~Ha~s~rg, Dau~.~ ~ NOTARY PUBLIC My ~ ~)~ commission expires June 6, 2006 · m~ J. ~ ~ CUMBER~ND ~U~ SHERIFFS OFFICE ~A~: F~k F~n CUMBERED ~ ~USE AiL ~ (~tI'AIN, uact ~ pan:el of ground situate in l-l~den Township, s~ of D~ ~, ~; ~ W~ ~g ~ ~ 1~ f~ ~ a ~t ~ ~ ~ si~~ ~b~~03/ T~ ~ NO,: ~2~-~, ~[ PA ~701L Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 232.51 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general :lge receipt of the aforesaid notice and publication costs and certifies that the same have 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 swom, 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 Joumal on the following dates, viz: JANUARY 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 tree. RE.a.L ESTATE ~ NO. 55 Wr/t No. 2003 5478 Civil Mortgage Electronic Registration Systems. Inc. VS. Nicholas J. M/shinski and Rose Christine IVlishlnski Atty.: Frank Federman LEGAL DESCRIPTION ALL 'D/AT CERTAIN tract or par- cel of ground situate in Ha~npdan Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of D.P. Raffensparger, Registered Surveyor. dated August 6. 1954, as follows: BEGINNING at a point on the eastern side of Central Boulevard. 100 feet South of the southeast cor- ner of tile intersection of Central Boulevard and Park Street; also at the dividing line between Lot Nos. 2 and 3 on the hereinafter men tioned Plan of Lots; ~TyENGE ea~Stwa~d!y alon~?d~e ' ~Lisa Made Coyne, t~ditor SWORN TO AND SUBSCRIBED before 30 .day of JANUARY 2004 NOT'~L~EAL d LOIS E, SNYDER, Nota~ Public Cadisle Bom, Cumberland County My Commission Expires March 5, 2005 me this 6, 1954, as tbtlows: BEGINNING at a point on the eastern side of Central Boulevard, 100 feet South of the southeast cot ncr of the intersection of Central Boulevard and Park Street; also at the dividing line between Lot Nos. 2 and 3 on the hereinafter men- tioned Plan of Lots; THENCE eastwardly along the same 150 feet to a point at the riding hne between Lot Nos. 3 and 14 on said Plan; thence southwardly along the same 60 feet to a point at the dividing line between Lot Nos. 3 and 4 on said Plan; THENCE westwardly along the same lB0 feet to a point on the east- ern side of Central Boulevard: THENCE northwardly along the same fifty IS01 feet to a point, the place of beginning. BEING the same property con- veyed to Nicholas Mlshinski and Rose Mishinski, husband and wife by Deed from Harit T. Trlvedi and Dlpti H. TrivedL husband and wife, as tenants by the entireties as to the one-half and Ktrti K. Si:tab and Pragna K. Shah, husband and wife, as tenants by the entireties as to the other one-half and all as ten- ants in common as to the whole. recorded 03/31/2000 in Deed Book 218 Page 479. TAX KEY NUMBER: 297. PROPERTY: 33 CENTRAL BOU- LEVARD. CAMP HILL, PA 17011. My Commission Expires Ma~ ~, ~,~,~ !