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HomeMy WebLinkAbout03-6513 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 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 0.3 -jp~1J C!.J~d.J'-rE/1.> v. CUMBERLAND COUNTY MARC RINTZ 822 ROSEMONT AVENUE NEW CUMBERLAND, P A 17070 DEANA BEAVER 822 ROSEMONT AVENUE NEW CUMBERLAND, P A 17070 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 INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 80730 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 MORTGAGEELECTRON1C REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff vs. MARC RlNTZ DEANA BEAVER Defendants ATTORNEY FORPLAINTITF COURT OF COMlV10N PLEAS CIVIL DIVISION CUMBERLAND County No. 03-6513CIVIlTERM 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: Ju1v 12. 2004 Ijrh, Svc Dept File# 80730 FEDERMAN AND PHELAN, LLP ~ (') '" 0 -;:':l c~; :f2 -"I :--;., "'" r- ef'l " -. " ~) 0) File #: 80730 IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORECE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: AURORA LOAN SERVICES, INC. 601 5TH AVENUE SCOTISBLUFF, NE 69361 2. The name(s) and last known addressees) of the Defendant(s) are: MARC RINTZ 822 ROSEMONT AVENUE NEW CUMBERLAND, P A 17070 DEANA BEAVER 822 ROSEMONT AVENUE NEW CUMBERLAND, P A 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 04/17/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office ofthe Recorder of CUMBERLAND County, in Mortgage Book No. 1810, Page 4657. 4, The premises subject to said mortgage is described as attached, 5, 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 #: 80730 6, The following amounts are due on the mortgage: Principal Balance Interest 05/0112003 through 12/17/2003 (per Diem $22,15) Attorney' s Fees Cumulative Late Charges 04/17/2003 to 12/17/2003 Cost of Suit and Title Search Subtotal $98,000,00 5,116.65 1,250,00 104.82 $ 550.00 $ 105,021.47 Escrow Credit Deficit Subtotal 0,00 149,74 $ 149.74 TOTAL $ 105,171.21 7. 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, 8, 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9, 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 $ 105,171.21, together with interest from 12/17/2003 at the rate of$22.15 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~LLP ~ . ~ - By: /s/Fran1frrg,I'Uma FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 80730 ALL TBA T CERTAJN lot or tract ofland situate in the Borough of New Cumberland, County of Cumbllrland, Pennsylvania, more particularly bounded and described' as follows according to surve:-f of Roy M. Benjamin, Professional Engineer, dated May 27, 1969, to wit: BEGINNISG on the southeastern iDtenection of Wayne Avenue (SO feet wide) and RoseJllont Avenue, (50 feet wide); thence exteoltli1\g along the southerly side of said Rosemont AvenueNorlh 43 degrees 30 minutes EIlSt 67.91 fcetto a comer of Lot No. lIon thebereinafter mentioned Plan; tlleoce along the same South 46 degrees 30 minutes East 100 feet 10 a comer of Lot No.1; thence aloDg the same South 65 degrees 13 mi""tes West 100 feet to a point on the easterly side of Wayne Avenue aforesaid; thence along fue same North 24 degrees 47 minutes West 67.91 feet to the point and place of BEGINNING. -BEING Lot No, 12, Block "F" on a Plan of Lots entitled Plan No.5, Rosemont Addition, sltid Plan being recorded in the Office of the Recorder of Deeds of Cunlberland County in Plan Book 3, page 64. HAVING tbeceon erected a dwelling known and num.bered 822 Rosetnont Avenue, New Cumberland, PenlLsylvania. UNDER AIm SUBJEct 10 Aas of Assembly, county and borough ordin.......es, rights of public utility aDd public service companies, existing restrictions and eascmems, visJ'ble or of record, to the extent; that any persons or entities have acquired legal rights thereto. BEING TIllE SAME PREMISES which Brenda E. Trish, single woman, granted and conveyed unto Rotoert L. Young. Jr., It married man, by deed dated October 30, 2000, in fue Recorder of Deeds in and for York County, PA in Record Book 233, Page 47, and recorded on November I, 2000. PREMISES BEING: 822 ROSEKONT AVENUE VERIFICATION Richard T. Martin hereby states that she is SENIOR VICE PRESIDENT of AURORA LOAN SERVICES mortgage servicing agent for Plaintiff 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 unsworn falsification to authorities. c;A? J5f- 2 DATE: )(2/(( ~(S Richard T. Martin' Sr, Vice President 0.tQ. 7;('li0 \l=- -., lrt ........ tv D t; tv :u t ~ F '() ~ 7-- ~ C) c: ?-::: ....., = = <,..> CJ ~-,... , , C) o "TI ~ fil fTI -(l''ll -lC;:> C.~C) ~'l_..... ;-'Z:~ , , '.:.::, :e- :< ex) 2'~: (-;:~; <Jl 8 SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-06513 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RINTZ MARC but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , RINTZ MARC 822 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 CURRENT RESIDENT ADVISED THAT DEFENDANT MOVED OUT 5 MONTHS AGO. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 12.42 5.00 10.00 .00 45.42 So answe,rs:' //-//) -----=._ ',',-),/,/,., ---;;;;;:;~,-,'~" -- ~.-- ~/ ~ /{" R :-~h~' Kline Sheriff of Cumberland County FEDERMAN & PHELAN 01/05/2004 Sworn and subscribed to before me this ...... P- ~ day of 7"A"<'<7 Jov 'f A.D. , LLJ Q ~h' ,,!L~ Prd{M~;otary . ~ . SHERIFF'S RETURN... NOT FOUND CASE NO: 2003-06513 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BEAVER DEANA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BEAVER DEANA 822 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 FORWARDING ADDRESS AT POST OFFICE IS PO BOX 86 CODORUS, PA 17311-0086. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answeJ:;S-r"'~/ // ~::' '., ,'" //;::::/...... _:2>'" .-.;;-->;.......~.../~ ~>_~.../z:_____.... 4- /... R. Thomas KI~ne Sheriff of Cumberland County /? .------ FEDERMAN & PHELAN 01/05/2004 Sworn and subscribed to before me /1 day Of~ c, /02 this .;l01J 'f A.D. ('LAoQ~~ ;;lth~otary , 1 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, SillTE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS Plaintiff CNIL DNISION CUMBERLAND County vs. MARC RINTZ DEANA BEAVER No. 03-6513CNILTERM Defendants 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. FEDERMAN AND PHELAN, LLP ~:/'. . ---- DERMAN, ESQUIRE /rA NCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Date: J anuarv 22. 2004 Ijrh, Svc Dept. 9 ?:. ~ ......, = C::;:) o .-'l"j ~ ..... -r~ l'l1F'] -om Cj)<:;J , ,~ ~~:: ():=-!-,l ;::.c; ::~j,m :;;:~:: :'-' C> (~~ ",.. -I SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RINTZ MARC but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 6th, 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 36.50 .00 73.50 02/06/2004 FEDERMAN & PHELAN So answer:s ,;' .. /~: //.ce;:.:;;~:A--';;:;;"C~. R. Thomas Kline Sheriff of Cumberland County ~ Sworn and subscribed to before me this /.1. l!;: day of J~ .).M:)'i A.D. Cl.,~ Q ~ ~, l' I Prothonotary" SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BEAVER DEANA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 6th, 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 02/06/2004 FEDERMAN & PHELAN So answers: _ ...---'" #~,~~;;;i~ R.)I'homas Kline' ( Sheriff of Cumberland County Sworn and subscribed to before me this /',;}..!30 day of j~ ;W-V3 A.D. ~Q,~,~' ' Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systems rnc VS. Marc Rintz et al SERVE: Marc Rintz No. 03-6513 civil Now, January 27,2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~ ~,..., ~.. ~-: ~...~~ _~.R Sheriff of Cum her land County, PA Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made lmown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ William T. Tully Solicitor @ffict of flr.e ~4eriff . ",y 1. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistan( Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE vs County of Dauphin SEAVER DEANA Sheriff's Return NO. 0347-T - -2004 OTHER COUNTY NO. 03-6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for RINTZ MARC the DEFENDANT named in the within REINSTATED COMPL.MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, February 3, 2004 AS PER SULA MUTEBI PERSON DOES NOT LIVE AT RESIDENCE Sworn and subscribed to jf;);L ~ ccz Sheriff of D before me this 3RD day of .f,fi~\i>>t"'P04 "' ",,.,, ",,,,,.,, ",,,,,,,,,,,,,,,..,,,,.. ~' ,"n ' fJ ~t.'l+~ , PROTHONOTARY By Sheriff's Costs: $36.50 PD 02/02/2004 RCPT NO 187470 ET r I In The Court of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systems Inc VS. Marc Rintz et al SERVE: Deana Beaver No. 03-6513 civil Now, January 27,2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .-/'7/ ~ ~~~.....r."l_~.R SberiffofCurnberland County, PA Affidavit of Service Now, ,20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sberiff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVlCE .MILEAGE AFFIDAVlT $ $ T i @ffict of tlp~ ~4P~iff William T. Tully SoHcitor J, Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant ChiefDeputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fux: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE vs County of Dauphin BEAVER DEANA Sheriff's Return No. 0347-T - -2004 OTHER COUNTY NO. 03-6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BEAVER DEANA the DEFENDANT named in the within REINSTATED COMPL.MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, February 3, 2004 AS PER SOLA MUTEBI, PERSONS DON'T LIVE AT RESIDENCE Sworn and subscribed to before me this 3RD day of FEBRUARY, 2004 &~~ PROTHONOTARY . .~. . ,." .,' ..... H';'''' By Deputy Sheriff Sheriff's Costs: $36.50 PD 02/02/2004 RCPT NO 187470 ET 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 JohnF. 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. Cumberland COUNTY Marc Rintz Deana Beaver NO. 03-6513 Civil 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 :md mortgaged premises, located at 822 Rosemont Avenue, New Cumberland, P A 17070, and in support thereof avers the following: 1, Attempts to serve Defendants, Marc Rintz and Deana Beaver, with the Complaint have been unsuccessful. The Sheriff of Cumberland County was unable to obtain service on either Defendant at the above mentioned mortgage premises of 822 Rosemont Avenue, New Cumberland, P A 17070 and therefore deputized the Sheriff of Dauphin County for service on the Defendants at 231 Joy Circle, Harrisburg, PA 17112, as indicated by the Sheriff's Return of Service attached hereto as Exhibit "A". The Sheriff of Dauphin County was also unable to obtain service and filed return of service "Not Found", also indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". H:/Main Fonns/motions/county.comp 2. Pursuant to Pa,R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by defendant as of March 10,2004 to 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. WHEREFORE, 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 Attorney for Plaimiff ~~ By: / Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel Q, Schmieg, Esquire Thomas M. Federman, Esquire - Date: March 10, 2004 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 JohnF. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc, vs, COURTOFCO~ONPLEAS CrvIL DrvISION Cumberland COUNTY NO. 03-6513 Civil Term Marc Rintz Deana Beaver 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 retum of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last knO'Ml address requires a good faith effort to discover the correct address," Adootion 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 Infonnation Act, 39 e.F.R. Part 265, (2) inquiries of relatives neighbors, mends and e:nployers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return 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 Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". H:/Main Forms/motions/county.comp WHEREFORE, 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 Attorney for Plaintiff By: ~ ~~ Lawrence T. Phelan, sqUIre Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: March 10, 2004 H:/Main Forms/motions!county.comp SHERIFF'S RETURN - NOT FOUND ~ASE NO: 2003-06513 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RINTZ MARC but was unable to locate Him in his bailiwick. He ::herefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , RINTZ MARC NEW CUMBERLAND, PA 17070 822 ROSEMONT AVENUE CURRENT RESIDENT ADVISED THAT DEFENDANT MOVED OUT 5 MONTHS AGO. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 18.00 12.42 5.00 10.00 .00 45.42 1"....__ ,',.._.. .~__.'" .".., ,'"0',, ,'>:~ ~ (, -....::;.":-:;:::::~?"'":.---'r--~,.. R. Thomas Kline Sheriff of Cumberland County ------- ....;...- FEDERMAN & PHELAN 01/05/2004 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - NOT FOUND .CASE NO: 2003-06513 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly Sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BEAVER DEANA unable to locate Her in his bailiwick. He therefore returns the but was COMPLAINT - MORT FORE the within named DEFENDANT , NOT FOUND , as to , BEAVER DEANA 822 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 FORWARDING ADDRESS AT POST OFFICE IS PO BOX 86 CODORUS, PA 17311-0086. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answers_: --,~-::,-- (--" -- /,{" R. Thomas KIJ.ne Sheriff of Cumberland County FEDERMAN & PHELA~ 01/05/2004 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - OUT CF COUNTY CASE.NO: 2003-06513 P ,COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RINTZ MARC but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 6th, 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18,00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 36.50 ,00 73.50 02/06/2004 FEDERMAN & PHELAN So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of A.D. Prothonotary (@ffice of t1r~ ~4eriff William T, Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W, Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania ] 71 0] ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE County of Dauphin vs BEAVER DEANA Sheriff's Return No. 0347-T - -2004 OTHER COUNTY NO. 03-6513 I, Jack Lotwick, Sheriff of the County of I~uphin, State of Pennsylvania, do hereby certify and return, tl~t I made diligent search and inquiry for RINTZ MARC the DEFENDANT named in the within REINSTATED COMPL.MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, February 3, 21J04 AS PER SOLA MUTEBI PERSON DOES NOT LIVE AT RESIDENCE Sworn'and subscribed to jf~ before me this 3R~"C"'~~YDOffji;1;lRJJ~~,",ap04 . -~"c'...:.. , ' ,,,.;.,....." ~i '. ,:.-... ~ "" ,.... ';",~." ", (l , I ) ,~i c'~, "" '" )" ~\ 1l'~J, ''\ht1'1'i: ' f',;" , ~rl[llfA;fiU,c' \"...!f (~I(...;\" ~..Ji{t- -- --.'~' \-_;7' \ ( PROTHONOTARY Sheriff of Di1Upl'iiif"'county; Pa.' ,-- ....".-.,--.-- ." ,- ,~'.' ,." ~ .. ,-""~.".,.~ ~ I".~' ""'f<-_,.f/"~; ,.-"1,,/ By 'd"-- ,- .,.~. ~ ,.....; /"",.~~" '-;'~"_':!'~'":;'!>(/'~'~'" Deputy Sheriff Sheriff's Costs: $36.50 PD 02/02/2004 RCPT'NO 187470 ET SHERIFF'S RETURN - OUT OF COUNTY CASE ,NO: 2003-06513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R, Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he m~de a diligent search and and inquiry for the within named DEFENDANT , to wit: BEAVER DEANA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 6th, 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10,00 .00 .00 16.00 02/06/2004 FEDERMAN & PHELAN So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of A.D. Prothonotary @ffire of tIr~ ~1reXiff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 1710 1 ph: (717) 255-2660 fux: (717) 255-288'1 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE County of Dauphin vs BEAVER DEANA Sheriff's Return NO. 0347-T - -2004 OTHER COUNTY NO. 03-6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BEAVER DEANA the DEFENDANT named in the within REINSTATED CC~PL.MORTGAGE FORECLOSpRE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, February 3, 2004 AS PER SOLA MUTEBI, PERSONS DON'T LIVE AT RESIDENCE Sworn and subscribed to So Answers, JR~ _ :) "oem ~~~ By /' Deputy Sheriff before me this 3RD day of FEBRUARY, 2004 ,~ c.. (JaMnoJ PROTHONOTARY Sheriff's Costs: $36.50 PD 02/02/2004 RCPT NO 187470 ET E20er8u.t Express Inc. 4905 Hamilton Dr. Voorhees,NJ,D8043 Phone: 888-563-4746 Fax: 215-563-4746 lnfo@defaultexpress.com File # : 03-11379 FEDERMAN & PHELAN Firm: Subject: Marc Rintz Property address: Mailing address: 822 Rosemont Ave. New Cumberland, PA 17070 822 Rosemont Ave. New Cumberland, PA 17070 822 Rosemont Ave. New Cumberland, PA 17070 Current address: 1 Steven M. Ruffo,being duly sworn according to law, do hereby depose and state as follows, 1 have conducted an investigation into the whereabouts of the above noted individual(s) on 1/16/04 and have discovered the following I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Marc Rintz - 161-66-8002 B, EMPLOYMENT SEARCH Marc Rintz - A review of the credit report provided no employment information. C. INQUIRY OF CREDITORS On 1/16/04 our inquiry with the creditors indicate that Marc Rintz reside(s) at 822 Rosemont Ave. New Cumberland, PA 17070 II, INQUIRY OF TELEPHONE COMPANY A,DIRECTORY ASSISTANCE SEARCH On 1116/04 our inquiry with the Directory Assistance indicated that Marc Rintz reside(s) at 822 Rosemont Ave. New Cumberland, PA 17070 non published. Our office could not reach the mortgagor due to the uon published number. Ill. INQUIRY OF NEIGHBORS Using our White pages database we contacted Partick Ireland 814 Rosemont Ave. on 1116/04 and helshe verified that Marc Rintz reside at 822 Rosemont Ave. New Cumberland, PA 17070. IV. INQUIRY OF POSTOFFICE A, NATIONAL ADDRESS UPDATE Our inquiry with National Address database on 1/16/04 indicates the following is correct Marc Rintz- 822 Rosemont Ave. New Cumberland, PA 17070 B. ADDITIONAL ACTIVE MAILING ADDRESS Per our inquiry with creditors on 1116/04 the following is an active mailing address: no addresses on file V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of motor vehicle Marc Rintz has a valid identification registered with the state. VI. OTHER INQUIRIES A, DEATH RECORDS As of 1116/04 Vital records has no death records on file for Marc Rintz B, POBLIC LISCENSES (PILOT, REAL ESTATE ETC,) Our office couducted a check on 1I16/04 for puhlic licenses/records and foond the following: none C. COUNTY VOTER REGISTRATION The Cumberland Cnty voter registration would only indicate a registration for Marc Rintz D, INTERNET All accessible public databases have been checked and cross-referenced for the above named individual(s). E. TAX ASSESSMENT OFFICE On 1/16/04 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 Marc Rintz - YOB - 1975 B, AKA none The undersigned understands that this statement herein is made subject to the penalties of 18 Pa,e.S. Sec. 4904 relating to unsworn falsification to authorities I hereby verity 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 unsworn falsification to authorities, -Of;; ~~~ Default Express Services, INe. President Sworn to and subscribed before me this ..1Ldayof Jan 2003 ~ug~ [NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey lVIy Commision Expires Mar.2l, 2007 ~ Default Express Inc. 4905 Hamilton Dr. Voorhees,NJ,OB043 Phone: 888-56:J-4746 Fax: 215-563-4746 infotftldafaultexpress.com ....OVlllUO_Tt:l. .'o"IT'UIED fIl.OU""'''AllAILEI'UILI;: ~mOIl.DIB .....0 ""'B...."eOILY L....ll.fOIl"l'HeOOlll'TO' THE """DAvrr ~ Default Express Inc. 4905 HamiKon Dr. Voorhees, NJ, 08043 Phone: 888.563-4746 Fax: 215.563.4746 . info@defauKexpress.com File # : 03-11380 FEDERMAN & PHELAN Firm: Subject: Deana Beaver Current address: Property address: Mailing address: 231 Joya Cr. Harrisburg, PA 17112 822 Rosemont Ave. New Cumberland, PA 17070 231 Joya Cr. Harrisburg, PA 17112 I Steven M. Ruffo,being duly sworn according to law, do hereby depose and state liS follows, I have conducted an investiglltion into the whereabouts of the above noted individual(s) on 1/16/04 and have discovered the following 1. CREDIT INFORMATION A, SOCIAL SECURITY NUMBER Our sellrch verified the following to be true and correct Deana Beaver - 203-60-0900 B. EMPLOYMENT SEARCH Deana Beaver - Our Office was unllble to verify the employment information on the credit report. C. INQUIRY OF CREDITORS On 1/16/04 our inquiry with the creditors indicate that Deana Beaver reside(s) at 231 Joya Cr. Harrisburg, PA 17112 II, INQUIRY OF TELEPHONE COMPANY A,DIRECTORY ASSISTANCE SEARCH On 1/16/04 our inquiry with the Directory Assistance indicated that Dean. Beaver reside(s) at 231 Joya Cr. Harrisburg, PA 17112 non published. Our office could not reach the mortgagor due to the non published number. III. INQUIRY OF NEIGHBORS Using our Whitepages database we contacted L. Cutman 225 Joya Cr. on 1/16/04 would not confirm/deny that Deana Beaver reside at 231 Joya Cr. Harrisburg, PA 17112. IV. INQUIRY OF POSTOFFICE A, NATIONAL ADDRESS UPDATE Our inquiry with National Address database on 1116/04 indicates the following is correct Deana Beaver- 231 Joya Cr. Harrisburg, PA 17112 B. ADDITIONAL ACTIVE MAILING ADDRESS Per our inquiry with creditors on 1/16/04 the following is an active mailing address: PO Box 86 Codorus, PA 17311 V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of motor vehicle Deana Beaver has a valid identification registered with the state. ' VI. OTHER INQUIRIES A. DEATH RECORDS As of 1/16/04 Vital records has no death records on file for Deana Beaver B, PUBLIC LISCENSES (PILOT, REAL ESTATE ETC,) Our office conducted a check on 1/16/04 for public licenses/records and found the following: none e. COUNTY VOTER REGISTRATION The Dauphin Cnty voter registration would only indicate a registration for Deana Beaver D, INTERNET All accessible public databases have been checked and cross-referenced for the above named individual(s). E, TAX ASSESSMENT OFFICE On 1/16/04 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 Deana Beaver - 10/2/78 B, AKA none The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.e.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,e.S, Sec 4904 relating to unsworn falsification to authorities. -ili-'~M?I Default Express Services, INe. President Sworn to and subscribed before me this .1Ldayof Jan 2003 ~ NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey My Commision Expires Mar.21, 2007 N ~ Defau It ,Express Inc. 4905 Hamilton Dr. Voorh88s,NJ,00043 Phone: 888-56:"-4746 Fax: 215-563-4746 info,&)de:f:aultexpress.com 101,10'1& 1.'OIU.ll\TDI lEI'1rIT^'..O 'II.OUAVAILAILE ~U.Ll() II.E!OOIl.O.....OInl../IlII..O.LYl......L.'OIl'T.Il.CO~O.THI! """IOAvrr 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 unsworn falsification to authorities, Respectfully submitted, Federman and Phelan, LLP Attorney for P~ By:-E ~ Date: March 10, 2004 Francis S. Hallinan, Esquire H:/Main Fonns/motions/county.comp Federman and Phelan, LLP By: Lawrence T, Phelan, Esq., rd. No. 32227 Francis S. Hallinan, Esq., rd. No, 62695 Daniel G. Sclunieg, Esq., rd. No. 62205 Thomas M. Federman, Esq., rd. No. 64068 One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 AttOIDl:y for Plaintiff Mortgage Electronic Registration Systems, Inc. COURT OF COMMON PLEAS Vs. CNIL DNrSrON Marc Rintz Deana Beaver Cumberland COUNTY NO. 03-6513 Civil Term CERTIFICATION OF SERVICE r, 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, Marc Rintz and Deana Beaver at: 822 Rosemont Avenue New Cumberland, P A 17070 231 Joy Circle Harrisburg, PA 17112 P.O. Box 86 Codorus, P A 17311 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: March 10, 2004 Respectfully submitted, Federman and Phelan, LLP Attorn" fo< Pi By: ~"t ~ Francis S. Hallin , EsqUire H:/Main Forms/motions/county.comp .....'. C) 1 ' ......, ;;:;-:.? C3, ~~ -'" n "'r1 .-, ~:.,., [-l'i-'-::; I'n i~ () :-, q '.: ;:~~ :;-:'i 0' -n ::x: r:? ()1 " ~< 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 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRNE, SUITE 350 MCLEAN, VA 22102 COURTOFCO~ONPLEAS CNIL DNISION Plaintiff CUMBERLAND County vs, MARC RINTZ DEANA BEAVER No. 03-6513CNILTERM Defendants PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FEDERMAN AND PHELAN, LLP F RMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Date: March 10. 2004 /jrh. Svc Dept. o c: r--> c::). C~:'." "'"" ::~.\:. '~'." ::rJ ~~I 0'" o -n ~-f' \""11[:;; -aG --''-rl ~20 ,?~\ -r, N en ~rman and Phelan, LLP By: Lawrence T. Phelan, Esq., rd. No. 32227 Francis S. Hallinan, Esq., rd. No. 62695 Daniel G. Sclnnieg, Esq., rd. No. 62205 Thomas M. Federman, Esq., rd. No. 64068 One Penn Center at Suburban Station 1617 JolmF. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 "yo MAr 72004 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. COURT OF COMMON PLEAS CNIL DNrsrON vs. Marc Rintz Deana Beaver Cumberland COUNTY NO. 03-6513 Civil Term ORDER AND NOW, this z Z. -.t. day of ,.,.,.....u., , 2004, upon consideration ofPlaintitl's Motion for Service Pursuant to Speciall 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 ofthe Complaint, and all future pleadings, on the above captioned Defendants, Marc Rintz and Deana Beaver, by: I. First class mail to Marc Rintz and Deana Beaver at the last known address of 231 Joy Circle, Harrisburg, PA 17112 and P.O. Box 86, Codorus, PA 17311 and the mortgaged premises located at 822 Rosemont Avenue, New Cumberland, P A 17070; and 2. Certified mail to Marc Rintz and Deana Beav(:r at the last known address of231 Joy Circle, Harrisburg, PA 17112 and P.O. Box 86, Codorus, PA 17311 and the mortgaged premises located at 822 Rosemont A venue, New Cumberland, P A 17070. " ~ 03- ~3-0 1../ H:/Main Forms/motions!county.comp BY TIlECO;l J. 2004 ')'"'1 '.c. iJd 2: [. "1 11 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. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Plaintiff CNIL DrVISION vs. CUMBERLAND County MARC RlNTZ DEANA BEAVER No. 03-6513CNILTERM Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTIGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FEDERMAN. I~ PHELAN, LLP By: ~ FRA DERM, ESQUlRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Date: August 5. 2004 fjrm. Svc Dept. File# 80730 , r--> C::::',) ~ ~~ G') C) -r; '-" -n ~^;) (,..' (T"l. SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-06513 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RINTZ MARC but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , RINTZ MARC 822 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 DEFENDANT IS NOT AT GIVEN ADDRESS. PROPERTY IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 13 .32 5.00 10.00 .00 46.32 So an~:7~~'-:':~ .,_......__./~-~_......,- /~~~~ . R. ThoID;s Kline Sheriff of Cumberland County ~~::-..> FEDERMAN & PHELAN 08/25/2004 Sworn and subscribed to before me this ~jvV- day of ~ .2..l>0,-\ A.D. n.. Q~ APnh, p~~ary , -r~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-06513 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BEAVER DEANA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BEAVER DEANA 822 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 DEFENDANT IS NOT LOCATED AT GIVEN ADDRESS. PROPERTY IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answers, ':7 .. . ~/ ..-..-.-,:"c"_::~'_',:'-'''',,_,.-? . " /.",,;~--::?~~~':~~,-'...,./ . ~?;;'";~~~;::>>( Sheriff of Cumberland County ;) -,....- FEDERMAN & PHELAN 08/25/2004 Sworn and subscribed to before me this -'31-u- day of ~ J.(XJ'i A.D. n~/u_{2_ ~o;~ p~oAQ'notary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RINTZ MARC but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On August 25th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 46.00 .00 71.00 08/25/2004 FEDERMAN & PHELAN So answers :.."-,,.~ _,~,~ ,.,,_ ~~-?''''''>_.--::::-'--'' / >~~, ," .---,<::..~.~ ~,.,- -_.~~..-,'~ R. Thomas Klin~ Sheriff of Cumberland County ,_.,,' Sworn and subscribed to before me this 31.l- day of Q"O..J' c2(;!o'{ A.D. (\ ,,~ Q ~ IP~ '-tI Prothonotary I -,- , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BEAVER DEANA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On August 25th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 08/25/2004 FEDERMAN & PHELAN .__.____'7 So answe:t:~~""".../ ." ,._,..,'..~:::> /...---::=;::----")' - -,. - '~.~.' -- ,"''';',,>:'-~ - " . ","-'''-- .....-.. ;:~:::l~l~~':==--------- Sheriff of Cumberland County Sworn and subscribed to before me 3 I...v- day of Q."u.J-" this Juc>L( A.D. ~(J~ ' Prothonotary I~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RINTZ MARC but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On August 25th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 08/25/2004 FEDERMAN & PHELAN ---..... So ans~r~,.//- ~,----.::;::::,? __~~:::.-;.-::-' ~,/"-,., ;~:::,J~.~.~:,'_..... ~ /' . ~.:---- R/T~S Kline?; -- Sheriff of Cumberland County Sworn and subscribed to before me this 3/AF day of ~u.J' :2<90'{ A.D. Cl u_ O. ~,,,-, ~ Prothonotary ,~. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BEAVER DEANA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On August 25th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 08/25/2004 FEDERMAN & PHELAN ? >' ,.."";/' So an~~~~ ,.",," ".::~,,~::::::::::_/ ~,~~,<" ,// .,.,...... ...' ..~,->..-~_...:.--- ._- ~-'~~-, R.LThomas Kline ~-- Sheriff of Cumberland County Sworn and subscribed to before me this jl.v day of Q,'1L<.Ak' ::tlJO'{ A. D . ('\A"^- Q )vW;,...> ~. 1'/'prothonotary , ,J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BEAVER DEANA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On August 25th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 25.00 .00 50.00 08/25/2004 FEDERMAN & PHELAN So answers :.."..,_ ' ...,....? .....;...'~ ";c~c:..";"" ....-/-'. --#~~~? R. ~Thomas Kline ("" Sheriff of Cumberland County Sworn and subscribed to before me this .31N-' day of Or ~(I A.D. ~ Cl>nuh" ~ Prothonotary , In the Court of Common Pleas of Cumberland County, Pennsylvania I Mortgage Electronic Registration Systems Inc \ VS. Marc Rintz et al SERVE: Marc Rintz @ 231 Joya Circle Hbg, PA 17112 No. 03-6513 civil Now; July 19, 2004 ! , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r~~~ Sheriff of Curnberland County, PA Affidavit of Service . Now,' ,20_, at o'clock M. served the , within upon at by hartding to a copy of the original and made mown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ In the Conrt of Common Pleas of Cu.mberland County, Pennsylvania I Mortgage Electronic Registration Systems Inc VS. Marc Rintz et al SERVE: Deana Beaver @ 231 Joya Circle Hbg, PA 17112 No. 03-6513 civil Now, July 19. 2004 , !, SHERIFF OF CUNffiERLAND COUNTY,.P A, do hereby deputize the Sheriff of I Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,./? #" Y#- ;r~>~ -'''N~..y~ Sheriff of Cumberland County, PA Affidavit of Service . Now, ,20_, at 0' clock M. served the within upon. at by haitding to a copy of the original and m~de known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ In the Court of Common Pleas of Cumberland County, Pennsylvania I Mortgage Electronic Registration Systems Inc ! VS. Marc Rintz et al SERVE: Marc Rintz @' 1202 Georgetown Road Middletown. PA 17057 No. 03-6513 civil Now, July 1'}. 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r~~~ Sheriff of Cum berland County, P A Affidavit of Service . Now" ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made !mown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before rne this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ In The Court of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systems Inc VS. Marc Rintz et al SERVE: Deana Beaver @ No. 1202 Georgetown Road Middletown, PA 17057 03-6513 civil Now, July 19, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~~R Sheriff of Cumberland County, P A Affidavit of Service . Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made mown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ @ffite nf tlp~ ~4e:tiff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 1710 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE vs County of Dauphin BEAVER DEANA Sheriff's Return No. 5688-T - -2004 OTHER COUNTY NO. 03-6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of pennsylvania, do hereby certify and return, that I made diligent search and inquiry for RINTZ MARC the DEFENDANT named in the within REINSTATED MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, July 23, 2004 PER SULA MUTEHI CURRENT RESIDENT FOR FOUR YEARS, DEFT DOES NOT ~i LIVE HERE ~" \. ",0- :J-' ..)U, ...-\,' ~\ ''')\;,- \ ;:J,. '\ ,. '\ \'" D Sworn and subscribed to before me this 13TH day of AUGUST, 2004 j7~ Sheriff of Dauphin County, Pa. ~ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept I, 2006 Deputy Sheriff Sheriff's Costs: $46.00 PD 07/23/2004 RCPT NO 197233 @iiite of tl{c ~4C~iff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE vs County of Dauphin BEAVER DEANA Sheriff's Return NO. 5688 -T - -2004 OTHER COUNTY NO. 03-6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BEAVER DEANA the DEFENDANT named in the within REINSTATED MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, July 23, 2004 PER SULA MOTEHI CURRENT RESIDENT FOR FOUR YEARS DEFT DOES NOT LIVE THERE (; (i;,Q.. jo"'(>-~Y ~\ {\' d '-<- ~ "t Sworn and subscribed to before me this 13TH day of AUGUST, 2004 So Answers, Jf~ Sheriff of Dauphin County, Pa. By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 Deputy Sheriff Sheriff's Costs: $46.00 PD 07/23/2004 RCPT NO 197233 ~tlite of tire ~4criff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE vs County of Dauphin BEAVER DEANA Sheriff's Return No. 5688-T - -2004 OTHER COUNTY NO. 03-6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for RINTZ MARC the DEFENDANT named in the within REINSTATED MORTGAGE FORECLOSURE ~ (" \?v' "v CP) \~O~h\L\.O :\\P \ and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, July 28, 2004 PER BRAD MUHLBAYER DEFT DOES NOT LIVE HERE Sworn and subscribed to So Answers, Jf~ before me this 13TH day of AUGUST, 2004 Sheriff of Dauphin County, Pa. ~ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept I, 2006 Deputy Sheriff Sheriff's Costs:$46.00 PD 07/23/2004 RCPT NO 197233 @fficr of t4e ~4eriff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17 I 0 I ph: (717) 255.2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE vs County of Dauphin BEAVER DEANA Sheriff's Return No. 5688-T - -2004 OTHER COUNTY NO. 03-6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BEAVER DEANA the DEFENDANT named in the within REINSTATED MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and ~~ , .)./;' therefore return same NOT FOUND, July 28, 2004 \0 Jt- f <'D\; b" " \ ,(". AS PER BRAD MUHLBAYER DEFT DOES NOT LIVE THERE IJ,D~"\ \/,;.I:i), \'0)6'" Sworn and subscribed to J7~ before me this 13TH day of AUGUST, 2004 Sheriff of Dauphin county, Pa. ~ By NOTARIAL SEAL MARY JANE SNYDER. Notary Puhlic Highspire. Dauphin County My Commission Expires Sept I, 2006 Deputy Sheriff Sheriff's Costs:$46.00 PD 07(23(2004 RCPT NO 197233 "'-,--;>~ -. . --..- --- ----... . .....--- ~-'---'---'-'-""-'-- .- {TIT) II. ''mtJr 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAINTlFFfSl 2, COURT NUMBER Mortgage Electronic Registration Systens Inc 03-6513 civil 3 DEFENDANT/Sf 4N"8'tig~ ~~gRC:~~~l{'~'fnt in I Marc Rintz et al Mortgage Foreclosure, rc.,.,sta..kc SERVE { 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. E~ TO SERVE OR OESCRIPTION OF PROPERTY TO BE lEVIEO. ATTACHED, OR SOLD ...... Deana Beaver ('EO" 510/"1 ) V ..".. 6 ADDRESS (STREET OR RFO INIT~O~ NUMBER, APT NO, CITY~FtO.lVv1t STATE AND ZIP CODE) AT -.:;. I'<<>r!i'1 5troct CoJuLUS-;- PA 1/.$11 Moved 7 INDICATE SERVICE Q PERSONAL 0 PERSON IN CHARGE )f DEPUTIZE CEr,br1~nd U 1ST CLASS MAil U POSTED W OTHER NOW Auqust 11 . 20J2L.. I, SHERIFF OF'-: COUNTY. PA, do hereby deputize the sheriff of York COUNTY 10 execuleJ!1.~~~ake retu~n t . according to law. This deputization being made at the request and risk of the plaintiff, f'" )';:f1'~---"'" t!-tP SHERIFF OF . . , 8 SPECIAL INST/WC'TfONS OR OTHER INFORMATI THAT Will ASSIST 'N EXPED'TING SERVICE Cunberland /]360 VOl"'" ();r.tiSlt f.l A-~ G )07 1~1m;. ..,,7/0'; e 1.1" retl:lm 0 to Cumberland County Sheriff. NO VER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property under within writ may leave same wilhout a walehman, in custody of whomever is found in possession, after notifying person of levy or attachment. wrthout liability on the part of such deputy or the sheriff to any plillintitf herein for any toss, destruction. or removal or any pl'operty before sheri"'s sale thereof. ' 9. TYPE NAME and AODRESS orATTORNEYfORIGINATOR and SIGNATURE 110. TELEPHONE NUMBEA 111. OATEFllED FH,^.NK FRllFHMAN ~n!~~X 1 PRNIJ ~TH PT t.?.' PHTT,A pA +~*~~ ,?1 ~-~I,'-7nn() 0-9-0{~ 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW (Thls,area must De comp4etecl if notice is 10 be mailed) CUMBERLAND CO SHERIFF . __~__._$I.1I11 -'--i~""""" 13 lac::knowIedgerecetptoflhewrit 14 OATERECEIVED ~eanngDate OfCOmpla....S mdK31ed above R. AHREN S (1 -12 - 04 '6~0 ERVED PERSONAL () RESIOENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS B V 17 I hereby certify and return a NOT FOUND because I am unable 10 locale the indIvidual, company, etc named above (See remarkS below) 18 E AND TITLE OF INDIVIDUAL SERVED I liST ADDRESS HERE IF NOT SHO_ ABOVE (Relation..,... Defendan.) \'9 Da.e.' Servoce 120 T,me 0' Serv,ce - -1~lnmel~~I-I~I~IM~I-I~I~I~~I-I~lnmeIM~I- 21, ATTEMPTSI 00"" Time I Mites lint. ,I oa"'l Time I Miles I ,% 11-'11:)1{ 7K 22 REMARKS \J) . ~c/ )C\~ g~~\~ 23 _ance Costs 12nSentice Cosls I ~ Ni! I~' Mileage 127 Postagel '!!;~ub ToIa' 129, Pound 130, ~ 131 Surchg 132,19I-'i!'.l"l~ls ~..&!!!'>d ~h'il'k N, 75.00 ~I'OO plV lDO bJ5.0C> ;J..CV d~W ')O.[J.J~."'O~/q/ 34, F~n CotInty Costa 135. Advance Cosls 136. Service Costs 137. Notary Celt 138. Mileage1?osIagelNot Found 139. Total Cosls 140. Cosls Due Of Refund 41. AFFIRMED.and subSCribed 10 brf~~. ~hiS " 1 q 44. Signature of SO ANSWERS 45, OATE 42,dayol t,nr. ,20M43~~~~ Dep,_ 't ARY 46. Signature otYort 47. DATE I Notarial Seal County Sheriff JBmeaV.Vangreen.NotaryPubllo HTLLIA~l M HOSE (1-19-04 CIty of York, york county, PA .... . My Commiss.\OI1 Exoires Mar, 21,2005 48, Signature of Foretgn 49 DATE County Sheriff 50. I ACKNOV*EDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUT"~llED ISSUING AUTHORITY AND TiTlE ,A,~~~ 151 DATE RECEIVED 1. VVHITE -luuIng Authority 2. PINK - Attorney 3. CANARY - Sheri",s Office 4. BLUE - Shenfrs 0Ifice 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 DRNE, SUITE 350 MCLEAN, VA 22102 Plaintiff vs. MARC RlNTZ DEANA BEAVER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DIVISION CUMBERLAND County No. 03-6513CIVILTERM 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: September 17. 2004 I act, Svc Dept. File# 80730 FEDERMAN AND PHELAN, LLP BY:>) 1)/\ nO ~ ~ERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff "" (:;;':';1 c:;;) .J;:NO (/) ~~~J i',) N f'~) C:J C;) CJ .--n .--l FSE~ "I I.~J ~-:' \..' , . if':;, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RINTZ MARC but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 5th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 37.25 .00 74.25 10/05/2004 FEDERMAN & PHELAN So answ~" // ,~./ ,,_,.~,,~7 ~~.-/ . Thomas Kline (' Sheriff of Cumberland County Sworn and subscribed to before me this /3 ~ day of (Jl~ ,;(,u-o ~ A. D . n ,~Q ~ ~.5E. -----r-'r Prothonotary' 7uJ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BEAVER DEANA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 5th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 10/05/2004 FEDERMAN & PHELAN So answer'sc"c7 "./// ". -,7 / R:~;~~~~:_/// Sheriff of Cumberland County Sworn and subscribed to before me w this J!).-' day of ~ d-..tJr..?<f A.D. () - Q'~ ~rothonotar~ In The Court of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systems Iilc VS. Marc Rintz et al SERVE: Deana Beaver No. 03-6513 civil Now, September 23, 2004 ,I, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r~~~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon , at by handing to a copy of the original and made known to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of 20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ $ mIne Lourt of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systems Inc VS. Marc Rintz et al SER\IE: Marc Hintz No. 03-6513 civil Now, September 23. 2004 , I, SHERlFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~J~~J Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 ----J at o'clock M. served the within upon , at by handing to a copy of the original and made lmown to the contents thereof. So answers, Sheriff of , County, PA Sworn and subscribed before methis_dayof ,20_ COSTS , SERVICE MILEAGE AFFIDAVIT $ $ @ffitt of tlp~ ~4~riff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 1710 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE vs County of Dauphin BEAVER DEANA Sheriff's Return No. 6668-T - -2004 OTHER COUNTY NO. 03 6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BEAVER DEANA the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, September 30, 2004 NBA-PER MANAGEMENT - DEFENDANT DOESN'T LIVE THERE Sworn and subscribed to lefore me this 30TH day of SEPTEMBER, 2004 jf~ Sheriff of Dauphin County, Pa. 9uf)~A/ By NOTARIAL SEAL MARY JANE SNYDER, Notary Puhlic Highspire, Dauphin County My Commission Expires Sept 1, 2006 Deputy Sheriff Sheriff's Costs:$37.25 PD 01/01/2004 RCPT NO 200098 @ttire of tqc ~1rcriff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17 I 0 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE vs County of Dauphin BEAVER DEANA Sheriff's Return No. 6668-T - -2004 OTHER COUNTY NO. 03 6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of pennsylvania, do hereby certify and return, that I made diligent search and inquiry for RINTZ MARC the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, September 30, 2004 NBA-PER MANAGEMENT, DEFENDANT DOESN'T LIVE THERE Sworn and subscribed to ,efore me this 30TH day of SEPTEMBER, 2004 jf~ Sheriff of Dauphin County, Pa. ~ik/ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept I, 2006 Deputy Sheriff Sheriff's Costs:$37.25 PD 01/01/2004 RCPT NO 200098 Federman 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. COURT OF COMMON PLEAS CIVIL DIVISION vs. Cumberland COUNTY Marc Rintz Deana Beaver NO. 03-6513- Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Federman Phelan, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendants, Marc Rintz and Deana Beaver by first class mail and certified mail to the last known addresses, located at 231 Joy Circle, Harrisburg, PA 17112, 1202 Georgetown Road, Middletown, PA 17057, 7 Berlin Street, Codorus, P A 17311,3300 Union Deposit Road Apt G 107, Harrisburg, P A 17109, and mortgaged premises, located at 822 Rosemont A venue, New Cumberland, P A 17070, and in support thereof avers the following: 1. Attempts to serve Defendant, Marc Rintz and Deana Beaver with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, located at 822 Rosemont Avenue, New Cumberland, P A 17070. As indicated by the Sheriffs Return of Service attached hereto as Exhibit" A", the property is vacant. The Sheriff of Cumberland County deputized the Sheriff of Dauphin County to attempt service at, 231 Joy Circle, Harrisburg, P A 17112. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", the Defendants do not reside at the above address. The Sheriff of Cumberland County also deputized the Sheriff of Dauphin County to attempt service at 1202 Georgetown Road, Middletown, PA 17057. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "C", the Defendants do not reside at the above address. The Sheriff of Cumberland County deputized the Sheriff of Dauphin County to attempt service at, 3300 Union Deposit Road Apt G107, Harrisburg, PA 17109. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "D", the Defendants do not reside at the above address. The Sheriff of Cumberland County also Deputized the Sheriff of York County to attempt Service at, 822 Rosemont Avenue, New Cumberland, P A 17070. As indicated by the Sheriffs Return of Service also attached hereto as Exhibit "E", the Defendants moved from the above address. 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "F". 3. Plaintiff has reviewed its internal records and has not been contacted by defendant as of December 2,2004 to 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. WHEREFORE, 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 Phelan, LLP Attorney for Plaintiff By: ~~ I..f--v<- Lawrenfe T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: December 2, 2004 Federman 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. COURT OF COMMON PLEAS CNIL DNISION vs. Cumberland COUNTY Marc Rintz Deana Beaver NO. 03-6513- Civil 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 Sheritl's return of "Not Found" Of the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illuslJation 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.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter regislJation records, local tax records, and motof vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", "B", "C", "D", and "E", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "F". WHEREFORE, 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 Phelan, LLP Attorney for Plaintiff By: ~~ Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: December 2, 2004 SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-06513 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RINTZ MARC but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE I NOT FOUND , as to the within named DEFENDANT , RINTZ MARC 822 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 DEFENDANT IS NOT AT GIVEN ADDRESS. PROPERTY IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 13.32 5.00 10.00 .00 46.32 ....._,..._u_""- ." ,..".'''...,~~~~:'' .~~.,....,.,......-> So answer..:S.:'''~'-;;:::O-.", ~..." -~-- ~_.-::-:::::'.~> .~~;.::;.:.~::~~::... ,...,. ...~--~.~~~--;Z~ ~;:;A?~".~:/--- /" < R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 08/25/2004 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-06513 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RINTZ MARC ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BEAVER DEANA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BEAVER DEANA 822 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 DEFENDANT IS NOT LOCATED AT GIVEN ADDRESS. PROPERTY IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answers-= ,.' .''"~~7 ",,- ".' ~ ....~+ '-"~~A-:-;r-" ?~:~~y/~ Sheriff of Cumberland County FEDERMAN & PHELAN 08/25/2004 Sworn and subscribed to before me this day of A.D. Prothonotary William T. Tully Solicitor 1. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17 I 0 I ph: (717) 255-2660 fax.: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE vs County of Dauphin BEAVER DEANA Sheriff's Return No. 5688-T - -2004 OTHER COUNTY NO. 03-6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for RINTZ MARC the DEFEND~T named in the within REINSTATED MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same HOT FOUND, July 23, 2004 PER SULA MUTEHI CURRENT RESIDENT FOR FOUR YEARS, DEFT DOES NOT J'" . (\ i ~', LIVE HERE '''..,,' \ ::.,0- .)0", ,.,,,v 'J,~\ i\)\;'- \ " .\;:.0,>, :..~,\ t;. Sworn and subscribed to before me this 13TH day of AUGUST, 2004 So Answers, JR~ Sheriff of Dauphin County, Pa. ~ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 Deputy Sheriff Sheriff's CostS:$46.00 PD 07/23/2004 RCPT NO 197233 William T. Tully Solicitor 1. Daniel Basile Chief Deputy , . Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE vs County of Dauphin BEAVER DEANA Sheriff's Return No. 5688-T - -2004 OTHER COUNTY NO. 03-6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BEAVER DEANA the DEFENDANT named in the within REINSTATED MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, July 23, 2004 PER SULA MUTEHI CURRENT RESIDENT FOR FOUR YEARS DEFT DOES NOT LIVE THERE \ Q.... \ {c> )D '-\~ \'Y '?:>\ . ,.\" d ,," \[;.tl, \ .0(' C Sworn and subscribed to before me this 13TH day of AUGUST, 2004 So Answers, JR~ Sheriff of Dauphin County, Pa. ~ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 Deputy Sheriff Sheriff's CostS:$46.00 PD 07/23/2004 RCPT NO 197233 William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE vs County of Dauphin BEAVER DEANA Sheriff's Return No. 5688-T - -2004 OTHER COUNTY NO. 03-6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for RINTZ MARC the DEFENDANT named in the within REINSTATED MORTGAGE FORECLOSURE ~ and that I am unable to find hint/her in the County of Dauphin, and v"'(' \? ",v therefore return same HOT FOUND, July 28, 2004 C/,P",+ Od- \. D'" \'d,. \V" PER BRAD MUHLBAYER DEFT DOES NOT LIVE HERE ,,'\ \~,c \\ Sworn and subscribed to before me this 13TH day of AUGUST, 2004 So Answers, ?R~ Sheriff of Dauphin County, Pa. ~ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept], 2006 Deputy Sheriff Sheriff's CostS:$46.00 PD 07/23/2004 RCPT NO 197233 William T. Tully Solicitor 1. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE vs County of Dauphin BEAVER DEANA Sheriff's Return No. 5688-T - -2004 OTHER COUNTY NO. 03-6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BEAVER DEANA the DEFENDANT named in the within REINSTATED MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and '\ ~c therefore return same HOT FOUND, July 28, 2004 , " {~ ,1, 0'~~ r QW' /1< (_0' .. " ..,),~ ,\",. "0 --- " \), \d, ." \ 'V.:~o ~,:.C).). AS PER BRAD MUHLBAYER DEFT DOES NOT LIVE THERE Sworn and subscribed to before me this 13TH day of AUGUST, 2004 So Answers, JR~ Sheriff of Dauphin County, Pa. ~ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept I, 2006 Deputy Sheriff Sheriff's Costs: $46.00 PD 07/23/2004 RCPT NO 197233 William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin COWlty Harrisburg, Pennsylvania 17101 ph: (71 7) 255-2660 fax: (7 I 7) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE vs County of Dauphin BEAVER DEANA Sheriff's Return No. 6668-T - -2004 OTHER COUNTY NO. 03 6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of J Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for RINTZ Ml>.RC the DEFENDANT. named in the wi thin COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and ~ ~t> 1'~1 therefore return same NOT FOUND, September 30, 2004 Zy:P \J(\;~~<?) ~tlZ- NBA~PER MANAGEMENT, DEFENDANT DOESN'T LIVE THERE Sworn and subscribed to .So Answers, ?K~ )efore me this 30TH day of SEPTEMBER, 2004 Sheriff of Dauphin County, Pa. idJ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1,2006 Deputy Sheriff Sheriff's Costs:$37.25 PO 01/01/2004 RCPT NO 200098 William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Ramsburg, Pennsylvania 17101 ph: (717) 255-2660 fax.: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORTGAGE ELECTRONIC REGISTRATION SYSTE vs County of Dauphin BEAVER DEANA Sheriff's Return No. 6668-T - -2004 OTHER COUNTY NO. 03 6513 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BEAVER DEANA the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE ~' ~ ~t> d.t~ \)'(1\0('\ (J ~ ~$fP ~f~ J l-\-",(r/~ and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, September 30, 2004 NBA-PER MANAGEMENT - DEFENDANT DOESN'T LIVE THERE Sworn and subscribed to So Answers, ?f~ >efore me this 30TH day of SEPTEMBER, 2004 Sheriff of Dauphin County, Pa. 9uf)~ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 Deputy Sheriff Sheriff's Costs:$37.25 PD 01/01/2004 RCPT NO 200098 ---J '"' J COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 INsTRUCTIONS PLEASE TYPE ONLY.UNE 1. THRU 12 . DOoNOTDETACH ANVCOPES 1 PLAINTIFF/51 2. COURT NUMBER Mortgage Electronic Registration Systens Inc 03-6513 civil 3. DEFENDANT/51 4. TYtPE; OF WRIT OR.cOMP\.AIN,T t . No lce and. canplaln ill i Marc Rintz et al Mortgage Foreclosure} (~\ ns+a.tec SERVE { 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD . Deana Beaver ('lO ~- 31'1"1 ) ..,... 6 ADDRESS (STREET OR RFO V\IITt\.-aO~ NUMBER. APT NO.. CITY.~o. TWIt) STATE AND ZIP CODE) AT ----:J- p.::.r';'1 Street Cadmus, PA 1'/j11 Mcv~ 7. INDICATE SERVICE: Q PERSONAL Q PERSON IN CHARGE M DEPUTIZE CEr,h~'lmd 01ST CLASS MAIL U POSTED LJ OTHER NOW ._ __r_..__..AIlCJl.!.~t~ .1.1."'...... ,..... ''''''l..eS\Q(I,u 1I;!o"'VI'U2'prc..nuil~;""'-' "-~,,?: ,~.'?"'Z;;~..,.. ~~-6iiiTf ~ . ___ _" SHERIFF OF.....' 8 SPEClAlIN~lRUCT10NS OR .OTHER INFORMATllTHAT V\IILL ASSIST IN EXPEDITING SERVICE. CtInb€rland / j 360 VYl,Q'>'\ Old51 i fJ, A'+ 6- J07 Q~ ,~hm., ,.J '7/07 ", . e mall ret~m of R@1':V1Ce to Cunberland County Sheriff. SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN NO . II: . WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property under within wnt may leave same without a watchman. in custody of whomever is found in possession. after notifying person of levy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. des1ruction. or removal of any property before sheritl's sale thereof. . 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11, DATE FILED FH.~.NK FF.nFfH-1AN ~M~~X 1 P1-<~Nf~ r.TR PTA;.,', PHTTA PA !~*~~ '215-563-7000 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF ~ - 9 - OL~ SPACE BELOW FOR USE OF TIE SlERFF - 00 NOrWRITE BELOW nis LiNE . ---~._----------- 13.lacknowfedgereceiPtofthewrit' 1'4. DATERECEtVEO or complaint as indicated abOve R. A H R ENS 3 - 1 2 - 04 ,,~.- ,'. . 16. ,H~ERVED: PERSONAl ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELO\/,; 1~ I hereby certify and return a NOT FOUND because I am unable to locate the individual. company, etc. named above. (See remarlts below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 119. Date of SelVice \20, Time of SelVice 1~1~1~IWI~I~I~IKI~lnmeIM~IKI~lnmeIM~IK 21. ATTEMPTS 1 Date I Tim~ Milesllnt; I Date I Time I Miles lint. r A 1/", 'J..'( '1K. . I 22. REMARKS: c// ~ 'j )C^\ ~ 23. AlIvance Costs /2nService Costs I ~ NIF I~' M~eage /27. Postagel ~~ub Total /29. Pound 130. No\lllY 131.. Surchg'132191-~~Sl~33 Cosls~~d r9.~k t! 75.00 -,,00 plO lDO b6D) d.'():) 'J:::>.W O.~)~.,ql 34. FONlgn County Costa 135. Advance Costs 136. Service Costs 137. Notary Cert. 138. MileagelPos\agf!lNot Found 139. Total Costs 40. Costs Due or Rerund 41. AFFIRMED. and subscribed to ~e me this 1 q H .,... tu of SO ANSWERS . ,'/. -. _wna re 42 day of AU C. . 20 {)1;.43 V, v~~_ Dep. Sheri<< , J - - - 'V / lofARY 46. Signature 01 York Notarial Seal County Sherilf JamesV.Vangreen, Notary Public h7ILLIA~1 H. HOS:r~ City of York, York County, PA My CommiSSion Exoires Mar. 21, 2005 g I~ D~ 45, DATE //2~,z/~ ,. 47, DATE 8-19-04 48. Signature of FOAlign County Shenlf 50. I ACKNOIM.EDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUT~IZE.D ISSUING AUTHORITY AND TITLE 49. DATE 151 DATE RECEIVED 1. WHITE - ISSUlO9 AulhOl'ity 2. PINK - Attorney 3. CANARY. Sherill's Office 4. BLUE. Shenft's 0Ifice \ ^~/I.,\II II'....-i'.,\ / ./'i i SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: Attorney Firm: Subject: 24-90 FEDERMAN PHELAN, LLP Marc Rintz & Deana Beaver Current Address: 822 Rosemont Avenue New Cumberland P A 17070 Property Address: 822 Rosemont Avenue New Cumberland P A 17070 (house is vacant) Mailing Address: 822 Rosemont Avenue New Cumberland P A 17070 I, Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individuates) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct. Marc Rintz - 161-66-8002 Deana Beaver - n/a B. EMPLOYMENT SEARCH A review of the credit reporting agencies provided no employment information. Marc Rintz - not available Deana Beaver - not available C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Marc Rintz & Deana Beaver reside(s) at 822 Rosemont Avenue New Cumberland P A 17070. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 11-12-04 our office contacted directory assistance which indicated that Marc Rintz & Deana Beaver reside(s) at: 822 Rosemont Avenue New Cumberland PA 17070. Our office made a telephone call to the mortgagor's phone number and received the following information: 717-732-6193; no answer. INQUIRY OF NEIGHBORS On 11-12-04 our office contacted J. Below 814 Rosemont Avenue; male confirmed house is vacant; they were not able to verify that Marc Rintz & Deana Beaver reside(s) at: 822 Rosemont Avenue New Cumberland P A 17070. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 11-12-04 we reviewed the National Address database and found the following information, Marc Rintz & Deana Beaver - 822 Rosemont Avenue New Cumberland PA 17070 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: No addresses on file. IV. DRIVING LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on Marc Rintz & Deana Beaver. V. OTHER INQUIRIES A. DEATH RECORDS As of 11-12-04 Vital Records and all public databases have no death record on file for Marc Rintz & Deana Beaver. COUNTY VOTER REGISTRATION The Cumberland County Voter registration was unable to confIrm a registration for Marc Rintz & Deana Beaver residing at: last registered address. C. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) Our offIce conducted a search for public licenses and found the following: No records on file. VI. ADDITIONAL INFORMATION ON SUBJECT A. DATEOFBIRTH Marc Rintz - 1975 Deana Beaver - nJa B. A.KA None * All accessible public databases have been checked and cross-referenced for the above. named individual(s). *Please be advised all database information indicates the subjects reside at the current address. 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 statements made herein are true and correct to the best of my knowledge, information and belief and that this affIdavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. , AFFIANT Soott Nolty <A SKN Data Research Inc., pJ: Sworn to and subscribed before me this ~ day of /J()U~ 2004 /n:,(/1/Y!!i~ /)Li.i--/ NOTA'R'fPUBLIC j Notarial Seal Margaret E. Nulty, NotalY Public East Goshen Twp., Chester County i My Commission Expires Dec. 19, 2005 - ';~<;>r:"tJer Pennsylvania Association Of Notaries The above information is obtained from available public records; and we are only liable for the cost of the affidavit. 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 the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Federman Phelan, LLP Attorney for Plaintiff By: ~S. J~sqUire Date: December 2, 2004 Federman Phelan, LLP By: Lawrence T. Phelan, Esq., rd. No. 32227 Francis S. Hallinan, Esq., rd. No. 62695 Daniel G. Schmieg, Esq., rd. 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. COURT OF COMMON PLEAS CNIL DNrSION Vs. Cumberland COUNTY Marc Rintz Deana Beaver NO. 03-6513- Civil 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 as indicated below by first class mail, postage prepaid, on the date listed below. Marc Rintz and Deana Beaver at: 822 Rosemont Avenue New Cumberland, P A 17070 231 Joy Circle Harrisburg, PA 17112 1202 Georgetown Road Middletown, P A 17057 7 Berlin Street Codorus, P A 17311 3300 Union Deposit Road Apt G107 Harrisburg, P A 17109 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: December 2,2004 Respectfully submitted, Federman Phelan, LLP Attorney for Plaintiff By: ~ f+tA-.i.- Francis -8. Hallinan, Esquire n '"''''' C....J 0 z.'-:J : ~-.. -\1 c:' ~rj - t"'; 1 " C) ['1; f:] , I -" III C') (J ,- ,....) --':1 ~B C) '":? :; I (1 "...,:.' -~:~ --..I -.." _.J y;:) --<: - - FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., !D. NO. 32227 FRANCIS S. HALLINAN, ESQ., !D. NO. 62695 DANIEL G. SCHMIEG, ESQ., !D. NO. 62205 THOMAS M. FEDERMAN, ESQ., !D. NO. 64068 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURTOFCO~ONPLEAS CNIL DIVISION Plaintiff CUMBERLAND County vs. MARC RINTZ DEANA BEAVER No. 03-6513CNILTERM Defendants 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. FEDERMAN PHELAN, LLP BY:~ l-ry/f-./L-. CIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE THOMAS M. FEDERMAN, ESQUIRE Attorneys for Plaintiff Date: December 3. 2004 Imbm, Svc Dept. File# 80730 / c~ S-.,: , ~.~ ~' (Z0) ......, c~ c.:~..) .1:..-' U r;'1 .." ") I <.:-:) o -n :~ _1.._" :'\1i::::: 'y,r.'1 ~(1Y :~-_:~ ~~~~ '~ f~:~ " ..~ -....f <.:.:: \D PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (7.1 ~) 561-7000 MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. . . ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CNIL DNISION vs. MARC RINTZ DEANA BEAVER : CUMBERLAND COUNTY Defendant( s) : NO. 03-6513-CNIL TERM AFFIDAVIT OF SERVICE OF COl\'lPLAINT BY MAn, PITRsn ANT TO COITRT OROF.R I hereby certify that a true 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, MARC RINTZ and DEANA BEAVER at 822 ROSEMONT AVENUE, NEW CUMBERLAND, P A 17070, 231 JOY CIRCLE, HARRISBURG, P A 17112, 1202 GEORGETOWN ROAD, MIDDLETOWN, PA 17057, 7 BERLIN STREET, CODORUS, PA 17311 and 3300 UNION DEPOSIT ROAD, APT G107, HARRISBURG, PA 17109 on January 5, 2005, in accordance with the Order of Court dated December 13, 2004. The undersigned understands that this statement is made subject to th(~ penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: January 5,2005 6~~t'~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff :. ) ~~ <.:? ;:~i 0 -~. Ul "'~ = <.:.::> (..;.,;'") o "'l' -l 'X"J] f11~ ~~~ -; Ot <- ~;~ I _..I --:,,--; =:... PHELAN HALLINAN & SCHMIEG BY: DANIEL G. SCHMIEG IDENTIFICATION NO. 62205 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. vs. COURT OF COMMON PLEAS CIVIL DIVISION MARC RINTZ DEANA BEAVER NO. 03-6513 CIVIL TERM VFRlFT<:ATTON I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) MARC RlNTZ AND DEANA BEAVER on 3L4Lili at 822 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070, 3300 UNION DEPOSIT ROAD, APT. Gl07, HARRISBURG, PA 17109, 1202 GEORGETOWN ROAD, MIDDLETOWN, PA 17057, 231 JOY CIRCLE, HARRISBURG, PA 17112& 7 BERLIN STREET, CODORUS, PA 17311 in accordance with the Order of Court dated, 1? /11/04. The undersigned understands that this statement is made subject to the penalties of 18 P A. C.S. s4904 relating to unsworn falsificaton to authorities. ~" Q ~l:>"'~ D L G. SCHMIEG, ESQ TTORNEYFORPLAINTIFF DATE: March 18, 2005 DEe 0 9 2001.:Y IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. COURT OF COMMON PLEAS CIVIL DIVISION vs. Cumberland COUNTY Marc Rintz Deana Beaver AND NOW, this I.. 3+h NO. 03-6513- Civil Term ORDER 11 day of I) I: J fH7 ~teJ 2004, upon consideration of Plain tift's 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 Complaint and all future pleadings on the above captioned Defendants, Marc Rintz and Deana Beaver, by: I. First class mail to Marc Rintz and Deana Beaver at the last known addresses, located at 231 Joy Circle, Harrisburg, PAl 71 12, 1202 Georgetown Road, Middletown, PA 17057, 7 Berlin Street, Codorus, PA 17311, 3300 Union Deposit Road Apt G 107, Harrisburg, P A 17109, and the mortgaged premises located at 822 Rosemont Avenue, New Cumberland, PA 17070. 2. Certified mail to Marc Rintz and Deana Beaver at the last known addresses, located at 231 Joy Circle, Harrisburg, PA 17112, 1202 Georgetown Road, Middletown, P A 17057, 7 Berlin Street, Codorus, P A 17311, 3300 Union Deposit Road Apt G107, Harrisburg, PA 17109 and the mortgaged premises located at 822 Rosemont Avenue, New Cumberland, P A 17070. J. 7160 3901 9646 6139 5569 7160 3901 9646 6139 5459 TO: TO: MARC RINTZ 231 JOY CIRCLE HARRISBURG. P A 171 I2 MARC RINTZ 822 ROSEMONT AVENUE NEW CUMBERLAND. P A 17070 SENDER: SENDER: TEAM2 MAR REFERENCE: RINTZ, MARC PS Form 3800, June 2000 RETURN Postage RECEIPT Certified F SERVICE ee Return ReceJpt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No insurance Coverage Provided Do Not Use for International Mail TEAM2 MAR REFERENCE: RINTZ, MARC PS Form 3800, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees POSTMARK OR DATE US Postal Service POSTMARK ORQATE ....~:~ ""- Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail 7160 3901 9646 6139 5473 TO: MARC RINTZ 1202 GEORGETOWN ROAD MIDDLETOWN. PA 17057 SENDER: TEAM2 MAR REFERENCE: RINTZ, MARC PS Form 3800, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service POSTMARK'OF\'DAT'E;<:~-j{;~~,. ~~,\ . , " ~I ; I ?"" fT'l " ,\ !h.. J:y"'; \. ,.\ :~ /!.:;, ...../,., "'....,,/' "\v/.);,~ '<-/ Receipt for Certified Mail No Insurance Coverage PlOvided Do Not Use for International Mail ___U__U_'_'_'__'~n.un_____""'___.___.___.__n_ < 71bO 3~1 9646 6139 5497 TO: MARC RINTZ 7 BERLIN STREET CODORUS. PA I731I SENDER: ' TEAM2 MAR REFERENCE: RINTZ, MARC PS Form 3800, June 2000 RETURN Postage RECEIPT C ""ed F SERVICE er 1 I ee Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail POST~~Kd~,:,:., ,\ r~~'~~ \' \~ <. . \_::~::"-_"'c_,,_ _____nnn.._.~.. ___nnnn._n._u___nn ._ .._. __________________~.d+..___n___.________ < 7ld.O 3~1 9646 1I1~ 5510 TO: MARC RINTZ 3300 UNION DEPOSIT ROAD, APT. GI07 HARRISBURG, PA 17109 SENDER: TEAM2 MAR REFERENCE: RINTZ, MARC PS Form 3600, June 2000 ,RETURN Postage '; RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service ~\G2 ~ Receipt for Certified Mail POSTMA OR DATE , , i ..." ,~n.l'F, ; .,r,h"" j.-'~"~' \...' . \" " ,.__.._,,~ " ,- ',' L _, "'-.....,,{:~~~~.:>./ No Insurance Coverage Provided 00 Not Use for International Mail ._._"~_,-~___.__~___, on __~._ 0 0 _u 0 0 _,_, _ o___~_ n_ e ._o,",~_' "~"..O'"'~-.,_.,~_ -...,....,...~.""""',...r_r. "'.~ .- :. 7160 3901 9646 6139 5460 71b0 3901 9646 6139 5503 TO: DEANNA BEAVER 1202 GEORGETOWN ROAD MIDDLETOWN, PA 17057 TO: DEANNA BEAVER 7 BERLIN STREET CODORUS, PA 173II SENDER: TEAM2 MAB REFERENCE: RINTZ, MARC SENDER: TEAM2 MAB REFERENCE: RINTZ, MARC PS Form 3800, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees PS Form 3800, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Poslal Service POSTMARK OR'.oAf!'!;'~ " ']'10 . I ~ ~ l~~ ......~...,...~_.... US Postal Service ,'j>, ; POSTMARK QA.D~~,..o: '(1 ~, \'," ,,\ ~'~~' "<<rn Receipt for Certified Mail Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail No Insurance Coverage Provided Do Not Use for International Mail -.- - '-.-.'"." "..... -__.'~__'___ ..~~...._ ,.,"""" "",,,_.u .,.....,._~__ 71b0 3901 9646 6139 5596 TO: DEANA BEAVER 822 ROSEMONT AVENUE NEW CUMBERLAND, P A 17070 SENDER: TEAM2 MAB REFERENCE: RINTZ, MARC P$ Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail . . 1:LbO 3'101 '61fll 1113"1 5527 TO: DEANNA BEAVER 3300 UNION DEPOSIT ROAD, APT. GI07 HARRISBURG. PA 17109 SENDER: TEAM2 MAB REFERENCE: RINTZ, MARC PS Form 3600 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mall POSTMA~~\' ;~ ~P:- ,. 71bO 3901 '646 &13"1 5466 TO: DEANA BEAVER 231 JOY CIRCLE HARRISBURG. PA 17112 SENDER: TEAM2 MAB REFERENCE: RINTZ, MARC PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail posJ"'.r~"R"DATE I If'. \ " ,* \ c% '.' ~~~"'-, No Insurance Coverage Provided , Do Not Use for International Mail L.n.nn....n.n.n.........nnn....'''''' hn"'n."',.......n."'.n""".......n...."...._ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 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, v. MARC RINTZ DEANA BEAVER Defendant(s). CUMBERLAN COUNTY COURT OF C MMON PLEAS CIVIL DlVISI PRAECIPE FOR IN REM JUDGMENT FOR FAIL RE TO ANSWER AND ASSESSMENT OF DAMAG S TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MARC RINTZ and DEANA BEAVER, Defendant(s) for failure to tile an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premise, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/17/03 to 3/2/05 TOTAL $105,17121 $9,790. 0 $114,961 51 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE: (rJ';::)1?r( J .2D$lS' ( j. PRO PROTHY PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T Phelan, Esq., Id, No. 32227 Francis S. Hallinan, Esq., Id, No, 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (2.li). 561.7000 I A HORNEY FOR PLA!N~IFF I fiLE COpy MORTGAGE ELECTRONIC SYSTEMS, INC. REGISTRA nON : COURT OF COMMON PLE S Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MARC RINTZ DEANA BEAVER : NO. 03.65I3.CIVIL TERM Defendants TO: MARC RlNTZ 822 ROSEMONT A VENUE NEW CUMBERLAND, P A 17070 DATE OF NOTICE, JANUARY 26 200<; THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEB. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFE D TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THA PURPOSE.fF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CO SPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLE A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YO OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT W DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHO MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PR INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELl REDUCED FEE OR NO FEE. EN APPEARANCE DEFENSES OR H1N TEN DAYS FROM THE l' A HEARING AND YOU o NOT HAVE A LAWYER, VIDE YOU WITH LE TO PROVIDE YOU WITH IBLE PERSONS AT A CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA \7013 (800)990-9\ 08 FRANCIS Attorneys fo PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallina", Esq., [d. No. 62695 Daniel G Schntieg, Esq., Id. No. 62205 Philadelphia, PA 19\03 (21 'i) \61.7000 ATTORNEY FOR PLAIN'~[FF MORTGAGE ELECTRON[C SYSTEMS, INC REGISTRATION : COURT OF COMMON PLE S Plamtiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MARC RINTZ DEANA BEAVER : NO. OJ.6513-CIVTL TERM Defendants TO: DEANA BEAVER 822 ROSEMONT A VENUE NEW CUMBERLAND, PA 17010 DATEOFNOTICE:.JANTJARY21i 200<; THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEB . THIS NOTICE [S SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFE D TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU W[LL BE USED FOR THA PURPOSEJF YOU [[AVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CO SPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLE. A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FA[LED TO ENTER A WRI EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YO DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT W THIN TEN DAYS FROM THE DATE OF THIS NOT[CE, A JUDGMENT MAYBE ENTERED AGAINST YOU W[TH UT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER [MPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PR VIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE LE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELI IBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA [70[} (800)990-9108 NCl HALLINAN, ESQUIRE Attorneys f< r Plaintiff PHELAN HALUNAN & SCHMIEG, LLP By: Lawrence T, Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id, No. 62695 Daniel G. Schmieg, Esq" Id, No. 62205 Philadelphia, P A 19103 (7 I I) 11>1.7000 ATTORNEY FOR PLAIN IFF MORTGAGE ELECTRONTC SYSTEMS, INC REGISTRA nON : COURT OF COMMON PLE S Plaintiff : CIVIL DIVlSI0N Vs. : CUMBERLAND COUNTY MARC RINTZ DEANA I3EA VER : NO. 03-6513.CIVIL TERM Defendants TO: MARC RINTZ 231 JOY CIRCLE HARRISBURG, PA 17112 DATEOFNOTlCE:.JANrfARY21> 2005 TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEB. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFE D TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THA PURPOSE. IF YOU HAVE PREVlOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CO SPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLE A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YO R DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT W THIN TEN DAYS FROM THE DATE OF THIS NOnCE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITH UT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGfITS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PR VIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE LE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELl IBLE PERSONS AT A REDUCED FEE OR NO FEE CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9 108 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq" Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia. P A 19103 (71)) )(,,-7000 An'ORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC SYSTEMS, INC REGISTRA nON : COURT OF COMMON PLE S Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MARC RINTZ DEANA BEAVER : NO, 03.6513.CIVIL TERM Defendants TO: DEANA BEAVER 231 JOY CIRCLE HARRISBURG, PA 17112 DATEOFNOTICE:.JANTfARY262005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEB YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFE INFORMATION OBTAINED FROM YOU WILL BE USED FOR T PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CO SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLE ENFORCEMENT OF LIEN AGAINST PROPERTY. . THIS NOnCE IS SENT TO D TO HEREIN, AND ANY PURPOSE.IF YOU HA VB SPONDENCE IS NOT AND A DEBT, BUT ONLY AS IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YO DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT W THIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITH UT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PRe VIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE LE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELI IBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCLA nON 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9 I 08 HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G, Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (71)) )1\1.7000 ATTORNEY FOR PLAIN' IFF MORTGAGE ELECfRONIC SYSTEMS, INe REGISTRATION : COURT OF COMMON PLE S Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MARC RINTZ DEANA BEAVER : NO. 03.6513,CIVIL TERM Defendaots TO: MARC RINTZ 1202 GEORGETOWN ROAD MIDDLETON, PA 17057 DATE OF NOTICE: .JANUARY 26, 2005 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A DEB . THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFE D TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TH l' PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CO SPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLEC A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YO OBJECfIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITH MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THL" OFFICE CAN PRe VIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE A LE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELI IBLE PERSONS AT A REDUCED FEE OR NO FEE. EN APPEARANCE R DEFENSES OR THIN TEN DA YS FROM THE UT A HEARING AND YOU CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990,9108 HALLINAN & SCHMIEG. LLP By: Lawrence T. Phelan, Esq., [d. No. 32227 Francis S. Hallinan. Esq., [d. No. 62695 Daniel G. Schmieg, Esq., Id. No, 62205 Philadelphia, PA 19103 (71 I) 161.7000 ATTORNEY FOR PLAIN' IFF MORTGAGE ELECfRONIC SYSTEMS, INC REGISTRATION : COURT OF COMMON PLE S Plaintiff : CIVIL DlVISION Vs. : CUMBERLAND COUNTY MARC RINTZ DEANA BEAVER : NO. 03.6513-CIV[L TERM Defendants TO, DEANA BEAVER 1202 GEORGETOWN ROAD MIDDLETON, PA 17057 DATE OF NOTlCE: .IANfTARY 26 200~ T!ITS FIRM [S A DEBT COLLECfOR ATTEMPTING TO COLLECT A DEB . THIS NOTICE [S SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFE ED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR T T PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CO SPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLE A DEBT, BUr ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YO DEFENSES OR OBJECf[ONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT ITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITH UT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PR VIDE YOU W[TH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE A LE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELI fBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990.9108 HALLINAN & SCHMIEG, LLP By: Lawrence T Phelan, Esq" Id. No. 32227 Francis S, Hallinan, Esq., Id, No. 62695 Daniel G, Sdunieg, Esq" Id. No, 62205 PhiladelphIa, PAL 9\ 03 (? 1 \) \6,.7000 ATTORNEY FOR PLAINlllFF , MORTGAGE ELECrRONlC SYSTEMS, INC REGISTRATION : COURT OF COMMON PLE S Plaintia' : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MARC RINTZ DEANA BEAVER : NO, 03.6513.CIVIL TERM Defendants TO: MARC RlNTZ 7 BERLIN STREET CODORUS, PA 17311 DATE OF NOTICE: JANUARY 26 200~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEB YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFE INFORMATION OBTAINED FROM YOU WILL BE USED FOR T PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CO SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLE ENFORCEMENT OF LIEN AGAINST PROPERTY. . THIS NOTICE IS SENT TO D TO HEREIN, AND ANY PURPOSE. IF YOU HAVE SPONDENCE IS NOT AND A DEBT, BUT ONLY AS IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HA VE FAILED TO ENTER A WRI EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YO DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT W THIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITH UT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PR VIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE A LE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELI IBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990.9108 FRANCI LLINAN, ESQUIRE Attorneys f, r Plaintiff HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G, Schntieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (71 'i) 'i6'.7000 ATTORNEY FOR PLAIN IFF MORTGAGE ELECTRONIC SYSTEMS, INC REGISTRATION : COURT OF COMMON PLE S Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MARC RlNTZ DEANA BEAVER : NO. 03.6513.CIVIL TERM Defendants TO: DEANA BEAVER 7 BERLIN STREET CODORDS, PA 1731I DATE OF NOTICE: JANIJARY 26, 200~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEB. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFE D TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THA PURPOSE.IF YOU HAVE PREVlOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CO SPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLE. A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRl EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YO DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT W THIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITH UT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PR VIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE A LE TO PROVIDE YOU WITH INFORMATION ABOIIT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELI IBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 HALLINAN & SCHMIEG, LLP By: Lawrence T Phelan, Esq., (d. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 PhIladelphia, P A 19103 (71 'i) 'i1i,.7000 ATTORNEY FOR PLAI [FF MORTGAGE ELECTRONIC SYSTEMS, [NC RliGISTRATION : COURT OF COMMON PLE S Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MARC RlNTZ DEANA BEAVER : NO. 03.6513.CIVIL TERM Defendants TO: MARC RINTZ 3300 UNION DEPOSIT ROAD, APT. GI07 HARRISBURG, PA 17109 DATE OF NOTlCE:.JANTJARV2/i 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEB . THIS NOT[CE [S SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFE D TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILl. BE USED FOR THA PURPOSE.IF YOU HAVE PREVlOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CO SPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLE A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUl. T BECAUSE YOU HAVE FAILED TO ENTER A WRl EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YO DEFENSES OR OBJECTIONS TO THE Cl.AIMS SET FORTH AGAINST YOU. UNl.ESS YOU ACT W THIN TEN DA YS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITH T A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RlGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU 0 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PR VIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE LE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAl. SERVICES TO ELI IBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. I1allinan, Esq., Id. No. 62695 Daniel G. Sclunieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (7 ") ')0,.7000 ATTORNEY FOR PLAINlhFF I MORTGAGE ELECTRONIC SYSTEMS, INC REGlSTRA nON : COURT OF COMMON PLE S Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MARC RINrZ DEANA BEAVER : NO. 03.6513.CIVIL TERM Defendants TO: DEANA BEAVER 3300 UNION DEPOSIT ROAD, APT. GI07 HARRISBURG, PA 17109 DATE OF NOTICE: JANUARY 20,200, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEB YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFE INFORMATION OBTAINED FROM YOU WILL BE USED FOR l' PREVlOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CO SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLE ENFORCEMENT OF LIEN AGAINST PROPERTY. . THIS NOTICE IS SENT TO D TO HEREIN, AND ANY PURPOSE.IF YOU HAVE SPONDENCE IS NOT AND A DEBT, BUT ONLY AS IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRI EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YO DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT W THIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITH UT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PR: VIDE YOU WITH INFORMATION ABOUT HIRING ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE LE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELI lBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 FRANCIS LLINAN, ESQUIRE Attorneys f< r Plaintiff DEe 0 9 ?ool IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. COURT OF COMM N PLEAS CIVIL DIVISION vs. Cumberland COUNT Marc Rintz Deana Beaver AND NOW, this 13th day of 2oo4,upon consideration of Plaintiffs Motion for Service Pursuant to Special Order ofC rt, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may 0 tain service of the Complaint and all future pleadings on the above captioned Defendants, Marc Beaver, by: I. First class mail to Marc Rintz and Deana Beaver at the last own addresses, located at 231 Joy Circle, Harrisburg, P A 17 I 12, 1202 Geo getown Road, Middletown, P A 17057, 7 Berlin Street, Codorus, P A 1731 , 3300 Union Deposit Road Apt G107, Hanisburg, PA 17109, and the m rtgaged premises located at 822 Rosemont Avenue, New Cumberland, PA 17 70. 2. Certified mail to Marc Rintz and Deana Beaver at the last own addresses, located at 231 Joy Circle, Hanisburg, PA 17112,1202 Geo getown Road, Middletown, P A 17057 , 7 Berlin Street, Codorus, P A 173 I ,3300 Union Deposit Road Apt G107, Hanisburg, PA 17109 and the mo gaged premises located at 822 Rosemont Avenue, New Cumberland, PA 17 70. J. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR LAINTlFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, CUMBERLA COURT OF C v. MARC RINTZ DEANA BEAVER Defendant(s). VERIFICATION OF NON-MILITARY SERV CE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he i attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has know edge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval S rvice of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' iviJ Relief Act of Congress of 1940, as amended. (b) that defendant MARC RINTZ is over 18 years of age a d resides at , 822 ROSEMONT AVENUE, NEW CUMBERLAND, P A 170 O. (c) that defendant DEANA BEAVER is over 18 years of ag , and resides at , 822 ROSEMONT AVENUE, NEW CUMBERLAND, P A 170 O. This statement is made subject to the penalties of 18 Pa. C.S. ection 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG E QUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CBRTAlN lot or rmet of land situ.ate in the Borough of New Cumhcrla , County of Cumberland, PeulIl;ylvania, more particularly bounded llDd described as follows according to surver of Roy M. Benjamin, Professional EnginCC1', dared May 27, 1969, to wil; BEGINNING on the Soothea:;lefn intersection of Wayne Avenue (SO feet wide) and Rose nt Avenue (SO feel wide); thenlX' extwding along !he Soothed)' side of said Rosemont Avenue Nort 43 degrees 30 minutes East 67.91 feet to a ComeT of Lot No. 11 on the hereinafter mentioned plan; ence along the S3IIIe South 46 degrees 30 minuteS ESSllOO feet to a comer of Lot No.1; theru:e alo g the same South 65 degrees 13 minutes West 100 feet to a point on the Easlerly side of Waytle ^ ven e aforesaid: IhCflCC along the same North 24 degrees 47 millutes West 67.91 fC(:( to the point a place of BEOmNING. HA V1NG thereon erected a dwelling bloWn atl(! IIU111l)ered aq 822 Ro:semonl A venue. New Pennsylvania. BEING Lot No. 12, Block 'F' on a Plan of loIS entitled Plan No.5, Rosemont Additio , said Plan being recorded in the Ollice of the Recorder of Deeds of Cumberland County in Plan Book 3, Page 64. TITLE TO SAID PREMISES [5 VESTED IN Marc RinlZ atl(! Deana Ilcaver, both singl persons, joint tCOl\tlt$ with the dgbt or survivOI'Ship by Deed from Robert L. Young. Jr., joined b Cyndi Young, his wife dated 7/5/2002 and recorded 7/2212002, in Deed Book 252. Page 1829. PROPERTY ADDRESS: 822 ROSEMONT AVENUE, NEW CUMBERLAND, P 17070 TAX PARCEL: #25-25-0006-464 (Rule of Civil Procedure No. 236) - Revise IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO NTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLA COUNTY COURT OF C MMON PLEAS CIVIL DIVISI Plaintiff, v. NO. 03-6513 C VIL TERM MARC RINTZ DEANA BEAVER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been ent (rl;J.n.c..l.,J 200..5'. By: DEPUTY If you have any questions concerning this matter, please contact: DANIEL G. SCHMIE Attorney for Plaintiff ONE PENN CENTER A SUBURBAN STATION 1617 JOHN F. KENNED BLVD., SUITE 1400 PHILADELPHIA, PA 1 103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT ND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY CEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPOND NCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY NFORCEMENT OF A LIEN AGAINST PROPERTY." ""'+ P- ..-CJ 't~~~ ~ ..:t:: C) ~ ~ ~ ~ ~,~ ~~ B ~ r <~i; -"..- ,_:) "} . 0) ',", " i r ,) J '- '.-." - -- ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE ORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, No. 03-6513 CI IL TERM v. MARC RINTZ DEANA BEAVER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $114,961. I Interest from 312/05 to JUNE 8, 2005 (per diem -$18.90) $1,852. 0 and Costs TOTAL $116,813.71 FL'M"P G 0.1 .'., DANIEL G. SCHMIEG, ESZJl IRE One Penn Center at Suburban ~ tation 1617 Jolm F. Kennedy Boulevl d, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the di plaintiff. It mav not be sold in the absence of a the plaintiff at the Sheriff's Sale. The sale mus stayed in the event that a representative of the p present at the sale. ection of the representative of be postponed or aintiff is not I'><~ ~ o~ ,.. ~? .... U ';I ~,...l ~'!: u ,...l~ ~'" =-z zrJi ~... ~~ ~~ N~ ~ = '" I'>< Q ~=- ,..~ ....~ O~ u>;;, .. ~ ~ ~~ ,..... O~ 'j~ '" ;~ uZ ~Z .. ~< ~~ I'><S ~O ~ Ou ~;: ~ ~t ~~ O~ ~ I'><Q S~ ~,.. ~~ ~ ~a ~~ u ~ e~ =- '!:';l u .(J'"\ 1:"1 .- ..~- ,-,":> \ ---.:;;;n' ~ ~ ~ <....:r:. r::D - ..j.. ::: \n ' - -.Jej r- 1\ CJn(~() () ::r <) VI Vjvl-"" __"<-Nf' \:?)- I~'.:~ c~;> ~L~ p.- () -~ ...... - ::: ... _ ~ 7' I \ J r.J ;) () f'<) Cl ~ ..j .:. _~n 00 l;l; r-r- ,..,.. << =-=- ~~ ~~ ;; ~~ ~~ ';l';l UU ~~ ZZ ..s...s. ';1';1 ~~ ~ ~~ .. \) '" ........ <.) Z~ p O~ 8' ~~ IS '" >Jl>Jl \) ~~ g- o.. ........ <.) ........ \) QOQO P ;,; ~ '" <.) -'ci ~ ~ ~ .- \J.< -!; Cl Iv, -...J .~ B + ~ /"-, .... ~ ~ ~ ~ - - := ':. - - - :: :: :: ::: ~ ~ . ~ - \ \ J <) -:) o () 0 - ~ j <---- , \ ;) 0 l.o> () ..j c .--I () ~(\:i~ ",{'-- "'" ~ Drl. \ I I 'U l./) 0JCl"()~ ln~V):r(j--' l.Ji ci~ :i- ~-t lJ) .2\ 01 d 0- . r<) \: ..2\ (t - ~ LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of New Cumoorland Count)' of Cumberland, PeoIlsylvllllill. more particularly bounded and described as follows according 0 surveyor Roy M. Benjamin. Professional Engineer, dated May 27, 1969, to wir: BEGINNING on the Southeastern intersection of Wayne A venue (50 feet wide) and Rose ont A venue (50 feet wide); thence extel1ding along the Southerly side of said Rosemont A venue Non 43 degrees 30 minutes East 67.91 feet to a corner of Lot No. 11 on the hereinafter mentioned plan; ence along the same South 46 degrees 30 minllIt'S East 100 feet to a comer af Lot No.1; thence alo 18 the same South 65 degrees 13 minutes West 100 feet to a point oOlhe Easterly side of Wayne ^ ven e aforesaid: thence along the !lall1e North 24 degrees 47 minutes West 67.91 feet 10 the point a place of BEGINNING. BEING Lot No. 12, 1l1oclc "I" on a Plan of Lms entitled Plan No.5, Rosemont Additio , said Plan being r=ded in !he Ofl'ice of the Recnrder of Dl:eds of Cumberland C-OlInty in l'lan Book 3. Page 64. HAVING thereon erecled a dwelling knoWn and numl)ered a~ 822 Rosemont A venue, New mbcrlalld, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Marc Rintt and Deana Reaver, both singl perwns. joint teaants willi the rigbt of survivorship by DeOO from Robert L. Young, Jr., joined b Cyndi Young, his wife dated 7/5/2002 and recorded 7/2212002, in Deed Book 252. Page 3829. PROPERTY ADDRESS: 822 ROSEMONT AVENUE, NEW CUMBERLAND, P 17070 TAX PARCEL: #25-25-0006-464 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-6513 Civil CIVI ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC RE ISTRATlON SYSTEMS,INC., Plaintiff (s) From MARC RINTZ AND DEANA BEAVER (I) You are directed to levy upon the property of the defendant (.)and to sell DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon i 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 pro erty of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found i the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she as been added as a garnishee and is enjoined as above stated. Amount Due $114,961.51 L.L. $.50 Interest FROM 3/2/05 TO 6/8/05 (PER DIEM - $18.90) - $1,852.20 AND COSTS Atty's Corum % Due Prothy $1.00 Ally Paid $564.49 Plaintiff Paid Date: MARCH 3, 2005 Other Costs CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, 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. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY F R PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAN COUNTY COURT OF C MMON PLEAS v. CIVIL DlVISI Plaintiff, MARC RINTZ DEANA BEAVER NO. 03-6513 IVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he i attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the prov'sions 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 904 relating to unsworn falsification to authorities. ~- (, '.:. - ----------- Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemen's Civil Relief Act of 2003 <Last Name RINTZ Active Duty Status First Middle Begin Date MARC Page I of I AR-02-200506:48:13 Service! Agency Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense M power Data Center, the above is the current status ofthe Defendant(s), per the Information provided, s to all branches of the Military. ~w~U--~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Depa ment of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibi ity systems. If you have information that makes you feel that the DMDC response is ot correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research ill be done. For personal privacy reasons, SSNs are not available on this printed results p ge. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. https://www.dmdc.osd.mil/udpdri/owalsscra.prc _Select 3/2/2005 . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MARC RINTZ DEANA BEAVER NO. 03-6513 CI L TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plai tiffin the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property I cated at 822 ROSEMONT A VENUE, NEW CUMBERLAND, P A 17070 . I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (ifad ess cannot be reasonably ascertained, plea e indicate) MARC RINTZ 822 ROSEMONT AVE DE NEW CUMBERLAND, A 17070 DEANA BEAVER 822 ROSEMONT AVE DE NEW CUMBERLAND, A 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgme t is a record lien on the real property to be sold: Name Last Known Address (if dress cannot be reasonably ascertained, p ase indicate) None . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if ad~ress cannot be reasonably ascertained, pIe se indicate) None 5. Name and address of every other person who has any record lien on the p operty: Name Last Known Address (if a dress cannot be reasonably ascertained, pI ase indicate) None 6. Name and address of every other person who has any record interest in t e property and whose interest may be affected by the sale. Name Last Known Address (if a dress cannot be reasonably ascertained, pI ase indicate) None 7. Name and address of every other person of whom the plaintiff has knowl dge who has any interest in the property which may be affected by the sale: Name Last Known Address (if a dress cannot be reasonably ascertained, pI ase indicate) Tenant/Occupant 822 ROSEMONT AVE E NEW CUMBERLAND, A 17070 Domestic Relations of Cumberland County 13 North Hanover Stree 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 0 the best of my personal knowledge or information and belief. I understand that false statements he in are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to author ties. March 2. 2005 DATE G DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff .-~ ...~" ~,,~w c~:' - c.:! ,-,...' Plaintiff, CUMBERLAN~ COUNTY No. 03-6513 CI L TERM MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. v. MARC RINTZ DEANA BEAVER Defendant(s). March 2, 2005 TO: MARC RINTZ 822 ROSEMONT AVENUE NEW CUMBERLAND, P A 17070 DEANA BEAVER 822 ROSEMONT A V NUE NEW CUMBERLAN , P A 17070 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT ND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSL Y REC lVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOUL NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAIN T PROPERTY. ** Your house (real estate) at 822 ROSEMONT AVENUE NEW C MBERLAND PA 17070 is scheduled to be sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a.m. i the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court udgment of $114,961.51 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be ma e 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: 1. The sale will be cancelled if you pay to the mortgagee the ba payments, late charges, costs and reasonable attorney's fees due. To find out how mu h you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking th Court to strike or open the judgment, if the judgment was improperly entered. You may Iso ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proc edings. You may need an attorney to assert your rights. The sooner you co tact one, the more chance you will have of stopping the sale. (See notice on page two on how to obta n an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND Y U HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to t e 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 id price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the ful 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 ill remain the owner of the property as ifthe 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 egal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for ur house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwith'n 30 days of the sale. This schedule will state who will be receiving that money. The money will be pa d out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wr ng) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting y ur 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. IMPORTANT NOTICE: This property is sold at the direction of the pi intiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff i not present at the sale. CUMBERLAND COUNTY ATTORNEY REFE CUMBERLAND COUNTY BAR ASSOCIATI 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of New Ctunhct'la . County of Cumberbmd, Penlll;y!vllllia. mOle parUcu!.al:1y bounded and described as follows according to survey of Roy M. Benjamin, Professional F.nginccr, dated May 27, 1969, to wit: BEGINNING OD the Soulhellslern iIllersection of Wayne A venue (50 {<<t wide) and R ont Avenue (50 feel wide); thence extellding along the Soother!)' side of said Rosemon! AvelllJC Non 43 degrees :m minutes East 67.91 feet to a corner of Lot No. 11 on \he hereinafter mentioned plan; ence along the same South 46 degrees 3() minute< East 100 feet to a comer of Lot No.1; lheru;e a g the same South M degrees 13 minutes West 100 feet to a point on the Easlefly side of Wayne Avcn c aforesaid: thcn.<:e along the same Nonh 24 degrees 47 minutes West 67.91 feet to the point a ploce 01' BEGINNING. HA VlNG IhCl.'COn erected a dwelling blown and numhercd as 822 Rosemont A venue, New Pennsylvania, mhC1'land, BEING Lot No. 12, Block "17" on Ii Plan of loIS emitled Plan No. .5, Rosemont Additio , said Plan being r~ded illlhe Omce ofthc Recorder of DeuJs ofCumberJand County in Plan Bool< 3, Page 64. TITLE TO SAID PREMISES [S VESTED IN Matt RinlZ and Deana Reaver, both sing! joint tenants with the rigbt of survivorship by Deed from Roben L. Young. Jr., joined b Young, his wife datod 7/5/2002 and reoorded 7/22/'2002. in Deed Book 252, I'age 3829. persons, Cyndi PROPERTY ADDRESS: 822 ROSEMONT AVENUE, NEW CUMBERLAND, P 17070 TAX PARCEL: #25-25-0006-464 f'-..) '-'~' ~;:;.' cn ::1': "'." ~-) , C,:.' -_.~ ~T -"~ j,';- (>) ....Ct - , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION ) vs. MARC RINTZ DEANA BEAVER ) CIVIL DIVISION ) NO. 03-6513 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL SCHMIEG, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on March 4. 2005 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: May 5, 2005 [)~.~ DANIEL G. SCHMIEG, ES~E Attorney for Plaintiff . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MARC RlNTZ DEANA BEAVER NO. 03-6513 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3 J 29 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 822 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARC RINTZ 822 ROSEMONT A VENUE NEW CUMBERLAND, P A 17070 DEANA BEAVER 822 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if addrcss cannot be reasonably ascertained, please indicate) None , 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the 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) TenanUOccupant 822 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 Domestic Relations of Cumberland County 13 Nortb Hanover Street Carlisle, PA 17013 Commonwealtb of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit arc true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein arc made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 2. 2005 DATE ~ G A.tlm~ DANIEL G. SCHMIEG, E~UIRE Attorney for Plaintiff - "0" ~. €. "'Z C,\i ";j- z..~ 0'0 ~ - "' \ ~ '" ,," t ~o !!.E. ~ 7. (') ~\ ~ ~o 'Z ~- >-l o-:g. N S~ ~ ~ "," ,%S d . . .e-:> .. . 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" ... ..-:J (') d ~ \Q~%t 'l:. ~ t ~ 0 ~ '" o~()~ a ~ ~ ~ "" >-l ~ ,. ~ ;I: '0 i ;..j 0 z .. ~ ry1 V1 ~ 00 ,,; 0 9- ~~8~ 'fA ~ ~ i t ~ ~ !J~)o )0 ~ 'g, H\ "~ ~ " !J ::;; \~\ ~ t;, ~ ~ ~ '6 "", '" <- )0 0 tt\ ~ tJj ?' S ~ ~ o ~ ~ -> >-l ~ "n ~~ ~ ';; ~ ~~ ~ '" -> )0 ~ '-" ~ -> ~ c;> ,,~~POsr...... 1')"> '\< !# Ii.'; ~__ I S ~...-.-. ptlNC'{ 6O'V1lf"S 02 1A $ 00.900 0004300377 MAR 04 2005 MAILEO FROM ZIP CODE 19103 .. a ;: ~ ." ~ ----------~ ~, c) -Ii '- , €!-, --I .-l- i".:i'j 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 Sheriffs Deed in which Aurora Loan Services is the grantee the same having been sold to said grantee on the 8th day of June A.D., 2005, under and by virtue of a writ Execution issued on the 3rd day of March, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 6513, at the suit ofMtg Electronic Reg Systems Inc against Marc Rintz & Deana Beaver is duly recorded in Sheriffs Deed Book No. 269, Page 3919. IN TESTIMONY WHEREOF, I haV;treunto set my hand and al of said office this I day of , A.D.,yo-fJ0 Mortgage Electronic Registration Systems, Inc. VS Marc Rintz and Deana Beaver In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6513 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 defendant, to wit: Deana Beaver, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to Deana Beaver, defendant. The house at 822 Rosemont Ave., New Cumberland, Pennsylvania is vacant. Defendant moved and left no forwarding address. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Marc Rintz, but was unable to locate him in his bailiwick. The house at 822 Rosemont Ave., New Cumberland, Pennsylvania is vacant. Defendant moved and left a forwarding address of 1202 Georgetown Road, Middletown, P A 17057. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Dauphin County return: I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Marc Rintz, the defendant named in the within Mortgage Foreclosure and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND, April 21, 2005. As per Brad Muhlbawer, former roommate, defendant no longer lives at address and no longer has contact. So answers: 1. R. Lotwick, Sheriff of Dauphin County, PA. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 2:00 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 Marc Rintz and Deana Beaver located at 822 Rosemont Ave., New Cumberland, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 8, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Sclnnieg for Aurora Loan Services. It being the highest bid and best price received for the same, Aurora Loan Services of 60 1 5th Avenue, Scottsbluff, NE 69361, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of$877.37. Sheriff's Costs: Docketing Poundage $30.00 17.21 Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Out of County Dauphin County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 15.00 15.00 30.00 10.00 .50 1.00 12.58 9.12 15.00 30.00 9.00 30.00 293.30 277.69 16.47 25.00 40.50 877.37 Sworn and subscribed to before me So Answers: ""- fl ~J'~-~..,~. This-L':.dayof~L ,~~ - -~~ ~. 1, R. Thomas Kline, heriff 2005, A.D. __.11' Q YnJ.f(!~",/ O~ ,\ ' , ; U Pot onotary T"'l BYU~ SJII.\.UJI\ Real Estate Deputy ~v "0 IJV "I. ~1) -' CR..5 D" 53 Rev, /(,(,097 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MARC RINTZ DEANA BEAVER NO. 03-6513 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 822 ROSEMONT AVENUE, NEW CUMBERLAND, P A 17070 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARC RINTZ 822 ROSEMONT AVENUE NEW CUMBERLAND, P A 17070 DEANA BEAVER 822 ROSEMONT AVENUE NEW CUMBERLAND, P A 17070 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 822 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 2. 2005 DATE J1...v.J G 1..t Ln.1turn. DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 03-6513 CIVIL TERM v. MARC RINTZ DEANA SEAVER Defendant(s). March 2, 2005 TO: MARC RINTZ 822 ROSEMONT AVENUE NEW CUMBERLAND, P A 17070 DEANA BEAVER 822 ROSE MONT AVENUE NEW CUMBERLAND, P A 17070 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSL Y 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, 822 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $114,961.51 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: I. 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. 2. Y Oil 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 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 Sheriff the full amount due in the sale. To find out ifthis 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 ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 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 ALL TIlAT CERTAIN lot or trnct of land situat.e in the Borough of New CUmberland, COWlty of Cumberland, PelUlS)'lvania, more particularly bonndcd and described lIS follows according 10 survey of Roy M. Benjamin, Professional F.nlineer, dated May 27. 1969. to wit: BEGINNING 011 the Sou\beasletn Intersection of Wayne Avenue (50 feet wide) and Rosemont Avenue (50 feet wide); thence extending along Ibe Southerly Ilitle of said Rosemont Avenoo North 43 degrees 30 minutes East 67.91 feet to a comer of Lot No. 11 OIl the herei~ mentioned plan; Ibeooe along the same South 46 degrees 30 min'lteS EasllOO feet to a corner of Lol No.1; lbence along the same SOuth 65 degrees 13 minures West 100 feet to a point on the Easterly side of Wayne ^ venue: aforesaid: lhence a.Ioog the same North 24 degrees 47 minutes West 67.91 fecI 10 the point and lllare of BEOINNING. BEING Lot No. 12, Block "P" on a Plan of LoIS entitled Plan No.5, Rosemont Addition, said Plan being recorded in the Oflice oftbe Recorder of Deeds ofCumberJand CounlY in Plan Book 3. Page 64. HA VlNG thereon erected a dwelling blown and numbered a~ 822 Rosemonl Avenue. New Cumberland. Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Man: Rinl2. and Deana !leaver, both single pefSOll.'l, joillI tenants wilh lile tigbt of survivorship by Detld from Robert L. VoUDl:. Jr.. joined by Cyndi Young. his wife dated 7/512002 and recorded 7/22121XYl, in Deed Book 252, Page 3829. PROPERTY ADDRESS: 822 ROSEMONT AVENUE, NEW CUMBERLAND, P A 17070 TAX PARCEL: #25-25-0006-464 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-6513 Civil 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 MARC RINTZ AND DEANA REAVER (I) You are directed to levy upon the property of the defendant (.)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 frorn 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 found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $114,961.51 1.1. $.50 Interest FROM 3/2/05 TO 6/8/05 (PER DIEM - $18.90) - $1,852.20 AND COSTS Atty's Comm % Due Prothy $1.00 Ally Paid $564.49 Other Costs PlaintitTPaid Date: MARCH 3, 2005 CURTIS R. LONG (Seal) protho~ ~y: I1.-.-J .....-P 7fc-2.4-1. r--- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, 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. 62205 Real Estate Sale #43 On March 10, 2005 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 822 Rosemont Ave., New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10,2005 By:J br/. t.l ~A ;I-L Real Est;ufD~PiitY' ....... = = '-M ...., =D -'""Tl ,~To."T1 ::r1_ .-'11("") ;2m 3: ". :J:) "';_..,.,0 I . :_~=: co --' ::c ('"}m '2r..n .':;;:::I: ~,.." :<~ ..., ~.." u w W ...J B !:::in] ~ t::::::l ~ Vir.i t~~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, Connty of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 ofHarrishurg, 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 26th day(s) of April and the 3rd and 10th day(s) of May 2005. That neither he nor said Company is interested in the snbject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verifY this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volwne 14, Page 317. COpy S ALE #43 Sworn to an PUBLICATION CUMBERLAND COUNTY SHERlFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 277.69 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... ~""=- 1IIAL~4a ~~Inc. v. ......... a...._ . '-':__"'-""1 DII !II j.oM AlL THAT QlRI'AIN lot or'", of land ...... in tile Illlwop of New CumbedaDd. c-y 01 CumbediooI. "-YMIia. .... pottiaIlIdyboloded..r,doocrilIod"- ioo:ordinI"'''''''' of Roy M.IIeajomin. Ptoleooiooal........._lIay 27 .19li9.lDwil: BI!GINNINIl OIl tile ~ ........... of WaJD' _ (1O Ret wide) lIId _. A_ (1O feet wide); .....,. .......... _ tile S<iodaIy. side of said _"'-!lorIII43.......30..- _6791 r.a"'._oILalNo.l1.... bI:IoiDallli~p.o:-""'''- Saolh 46 ....... 30 miDuIOalla8l N>> ioat '" . """,oILalNo.I;__dIo...SoolIl 65.......13......_100.... ....-. tile I!uIIaIy lido of. Wayoo ""'- tfIIIooli; __ tile _ !lorIII 24...... If! __679Ifeet"'.tIlepoiDl..r..." "" " ..... .:lVlNo _. .......... .~. . .....' ..... .-.a... ~............ ~,~--. TlIUl TO SAID """'" ia .....u in MIl1: RinlzIldIleaDaBcaver.boIh._,joint . _ wiIk tile ripl 01 ,.mvmbip by Deed _.....1..Yoong.lr..)iIl.dbyCy!ldi Yoong. ......;_715O!l1l/.1lIll1.....,!ed712'!l1Im. .__~.,.,.l619. I'IIlJRalI \ _ ADDItBSS: 822 Rosemont '--,"7 ,.", .~ rI;PAl1lY7O~ TAX--.Ilt.2S02l4lO6-464. . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. 1.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor ofthe 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: i\priI15,22,29,2005 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 "f publication are true. S N TO AND SUBSCRIBED before me this 29 day of i\pril AI. SEAl. LOIS E. SNYDER. Notary Publit: Carlisle 8010. Cumbeltand County My eommis8lon Expires March 5, 2009 REAL ESTATE SALE NO. 49 Writ No. 2003-6513 Civil Mortgage Electronic Registration Systems. Inc. VB. Marc Rlutz and Deana Beaver Atty.: Dantel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of New Cumberland, County of Cumberland, Pennsylvania. more particularly bounded and described as follows according to survey of Roy M. Ben- jamin, Professional Engineer, dated May 27. 1969. to wit: BEGINNING on the Southeastern intersection of Wayne Avenue (50 feet wide) and Rosemont Avenue (50 feet wide); thence extending along the Southerly side of said Rosemont Avenue North 43 degrees 30 min~ utes East 67.91 feet to a comer of Lot No. lIon the hereinafter men- tioned plan; thence along the same South 46 degrees 30 minutes East 100 feet to a corner of Lot No.1; thence along the same South 65 degrees 13 minutes West 100 feet to a point on the Easterly side of Wayne Avenue aforesajd: thence along the same North 24 degrees 47 minutes West 67.91 feet to the point and place of BEGINNING. BEING Lot No. 12. Block "F" on a Plan of Lots entitled Plan No.5. Rosemont Addition. said Plan being recorded in the Office of the Record- er of Deeds of Cumberland County in Plan Book 3. Page 64. HAVING thereon erected a dwell- ing known and numbered as 822 Rosemont Avenue. New Cumber- land. Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Marc Rintz and Deana Beaver. both single persons. joint tenants with the right of survivor- ship by Deed from Robert L. Young. Jr.. joined by Cyndi Young. his wife dated 7/5/2002 and recorded 7/ 22/2002. in Deed Book 252. Page 3829. PROPERTY ADDRESS: 822 ROSEMONT AVENUE. NEW CUM- BERLAND. PA 17070. TAX PARCEL: #25-25-0006-464. Exhibit "B" Attachment To Statement of Value Re: Real Estate Transfer Tax Exemption for Property Foreclosed in the Name of Mortgage Electronic Registration Systems, Inc. (MERS) Address: 822 ROSEMONT AVENUE NEW CUMBRELAND. PA 17070 100052300362807413 MIN: 0015344534 Loan: PATTI MORGENSTERN hereby attests the he/she is an officer of both MERS and Aurora Loan Services. Inc. (Servicer), and that the following statements are true to the best of hislher knowledge, information and belief: I. That the Servicer is the beneficial owner of the mortgage and that MERS is acting as its agent; 2. That the Servicer is a member ofMERS; 3. That the mortgage identification number (MIN) provided above is in fact the MIN that was assigned to the mortgage that was foreclosed on. Name: /r;;2--- . Date: 6/21/05 Patti Morg~ Vice P.....dent