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HomeMy WebLinkAbout04-0284FEDERMAN 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 Plaintiff JOHN R. CLEMONS 143 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNI~ CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 85931 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 85931 Plaintiffis MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DILIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: JOHN R. CLEMONS 143 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) end real owner(s) of the property hereinafter described. On 04/29/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1757, Page 4242. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2003 end 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#: 85931 6. The following amounts are due on the mortgage: Principal Balance Interest 03/01/2003 through 01/21/2004 (Per Diem $23.24) Attorney's Fees Cumulative Late Charges 04/29/2002 to 01/21/2004 Cost of Suit and Title Search Subtotal $130,858.76 7,599.48 850.00 344.97 $ 750.00 $ 140,403.21 Escrow Credit 0.00 Deficit 856.87 Subtotal $ 856.87 TOTAL $141,260.08 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said nohce has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $141,260.08, together with interest from 01/21/2004 at the rate of $23.24 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. FEDE_~, ,AN ANt~ PHELAN~ LL~P By: /' /s/F£anc~ ~ ~llfn~h FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL[NAN, ESQUIRE Attorneys for Plaintiff File#: 85931 ,I~G.A. VAT~g at n point in dm ee/lb~r line o£N~h ~ ~ To~ ~ T- S~ ~9 d~ ~0 ~ 20 ~ ~ 1~.~ f~r m a ~; ~ by p~p~ now ~ two~ g~ge, F~SES BEING: 1~3 ~ST ~DDLES~ DR~ h ~ ~ok ~N", VolVo 3t, VERIFICATION Rnmmar M Winegardner hereby states that he/she is of CHASE MANHATTAN MORTGAGE CORPORATION 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 are tree and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00284 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC RESISTRATI VS CLEMONS JOHN R Thomas Kline duly sworn according to law, says, that inquiry for the within named DEFENDANT CLEMONS JOHN R unable to locate Him in his bailiwick. COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being he made a diligent search and but was He therefore returns the the within named DEFENDANT 143 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 143 W. MIDDLESEX DRIVE IS VACANT. IS 100 WASHINGTON CLEMONS JOHN R DEFENDANT'S NEW ADDRESS NOT FOUND , as to STREET #32 SALEM, MA 01970. Sheriff's Costs: Docketing 18.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 33.00 So answers: /~3>2~/ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 01/30/200A Sworn and subscribed to before me this .~'.~ day of J~ Ju0'~ A.D. otary Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney fbr Plaintiff Mortgage Electronic Registration Systems, Inc. COURT OF COMMON PLEAS VS. John R. Clemons C1VIL DIVISION Cumberland COUNTY NO. 04-284 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-caption ed Defendant(s) by first class mail and certified mail to the Defendant at the last known address and mortgaged premises, located at 143 West Middlesex Drive, Carlisle, PA 17013, and in support thereof avers the following: 1. Attempts to serve Defendant, John R. Clemons, with the Complaint have been unsuccessful. The Sheriff was unable to obtain service on John R. Clemons at the above mentioned mortgaged premises of 143 West Middlesex Drive, Carlisle, PA 17013, which was found to be vacant as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". The Sheriff listed a possible out of state address of 100 Washington Street #32, Salem. MA 01970. The Plaintiff, using a process server, attempted service on the Defendant, John R. Clemons, at the out of state address, but was unable to obtain service as the building was locked and the server was unable to gain access also indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". H:/Main Forms/motions/county.comp 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation settintg 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 April 13, 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 Plaintiff Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: April 13, 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 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. VS. John R. Clemons Attorney lbr Plaintiff COURT OF COMMON PLEAS CP¥1L D1VISION Cumberland COUNTY NC}. 04-284 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 Sheriffs retom of "Not Found" or the fact that a Defendant has moved without leav/ng a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polj_s, 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 illustration of good faith effort to locate the defendant includes (1) inquires of I~3stal authorities including inquiries pursuant to the Freedom of lnformafon Act, 39 C.F.R. Part 265, (2) inquihes of relatives neighbors, friends and ert~oloyers of the Defendant and O) examinations of local telephone d/rector/es, voter registrahon 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 Sheriffhas been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". H:/Main Forms/motions/county.comp WHEREFORE, Plaimiffrespectfully 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 Phe. lan, LLP Attomey for Plainfi,/~f., Lawrenc/e T~ Ph~'l, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: April 13, 2004 H:AMain Forms/motions/county, comp SHERIFF'S RETURN - NOT FOUND C~SE NO: 2004-00284 p ~HONTWEALTH OF PENNSYLVANIA NTY OF CUMBERLAND MORTGAGE ELECTRONIC RESISTRATI VS CLEMONS JOHN R R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT CLEMONS JOHN R ,Sheriff or Deputy Sheriff, who being search and but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND as to the within named DEFENDANT CLEMONS JOHN R 143 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 143 W. MIDDLESEX DRIVE IS VACANT. DEFENDANT'S NEW ADDRESS IS 100 WASHINGTON STREET #32 SALEM, MA 01970. Sheriff's Costs: Docketing 18.00 Service .00 Not Found 5.00 Surcharge 10.00 ..00 33.00 So answers:/ 2.-g' _~ .... " - R. Thomas Kline Sheriff of Cumberland County FEDERNAN & PHE~AN 01/30/2004 Sworn and subscribed to before me this day of A.D. Prothonotary PLAINTIFF AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, lINC. NO. 04-284 CIVIL TERM DEFENDANT JOHN R. CLEMONS SERVE AT: 100 WASHINGTON STREET, APT. 32 SALEM, MA 01970 TYPE OFACTION Mortgage Foreclosure Civil Action ~ERVFO Served and made known to ., 20__, at _ o'clock, __. M., at ., City in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence w~o refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: , Defendant on the day of I, , a competent adult, being duly sworn according to law, depose and state that I personally handed to __ a true and correct copy of the issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed Before me this __ day Served Ry:. Of ,20__. Notary: Of fflm~ _ ,20o~. NOT ,~ERVED On the /O day of /~L~/:,~4~7 ,200.~, at 2-"-/)' o'clock ~_.M., Defendant NOT FO~ because: Moved Un~o~ ~ No ~swer Vac~t Before me the / q% day Not Served By: FEDERMAN AND PHELAN, LLP Attorneys For Plaintiff Prank Fcderman, Esquire - LD.#12248 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (~' 15)$63-7000 MKV, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 17043 Attorney Firm: Federman & Phelan Subject: John Clemons Current Address: 143 West Middlesex Drive, Carlisle, PA 17013 Property Address: 143 West Middlesex Drive, Carlisle, PA 17013 Mailing Address: 143 West Middlesex Drive, Carlisle, PA 17013 I, Mary Scrocca, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the abovc-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct. John Clemons - I 18-34-0512 B. EMPLOYMENT SEARCH John Clemons- A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that John Clemons reside(s) at: 143 West Middlesex Drive, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 1/9/04 our office contacted directory assistance which indica'ted that John Clemons reside(s) at: 143 West Middlesex Drive, Carlisle, PA 17013. Our office made a telephone call to the mortgagor's phone number and received the following infurmation: (717) 240-1347. On 1/9/04 our office contacted (717) 240-1347; number has been disconnected. Ill. INQUIRY OF NEIGHBORS On 1/9/04 our office contacted J. Winner (female), 139 W. Middlesex Drive (717) 243-0453; she was able to verify that John Clemons no longer resides at: 143 West Middlesex Drive, Carlisle, PA 17013. Ms. Winner told our office that John Clemons moved to New York. On 1/13/04 our office contacted Clemons residence, 1180 Bmndt Road, Mechanicsburg, PA 17055 (717) 258- 0792; a female who identified herself as John Clemons daughter answered but would not give our office any information about John Clemons current address. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 1/9/04 we reviewed the National Address database and found the following information, John Clemons- 143 West Middlesex Drive, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: No addresses on file. V. DRIVER LICENSE INFORMATION A. MOTOR VEHlCLE& DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on John Clemons. VI. OTHER INQUIRIES A. DEATH RECORDS As of 1/9/04 Vital Records and all public databases have no death record on file for John Clemons. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for John Clemons 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. VII. ADDITIONAL INFORMATION ON SUBJECT A. DATE OF BIRTH John Clemons - YOB 1945 B. A.K.A. 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 subject resides 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. MKV, INC. President Sworn to and subscribed before me this y of (j]~'*-~ 6/,vCt%~ 2004 NOTARY PUB~ COMMONWEALTH OF PE N,_NSYLVANIA Notaria See Mark j. Scrocca, Notary Public West Goshen Twp., Chester County MY Commission E~ Dec. 4, 2007 Member, 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 Attomey 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. Date: April 13, 2004 Respectfully submitted, Federman and Phelan, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire H:~Vlain Forms/motions/county.comp Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Vs. John R. Clemons Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 04-284 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(s) as indicated below by first class mail, postage prepaid, on the date listed below. John R. Clemons at: 143 West Middlesex Drive Carlisle, PA 17013 100 Washington Street #32 Salem. MA 01970 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: April 13, 2004 Respectfully suhmitted, Federman and Phelan, LLP Attorney for Plain~.~f rancis S. Halhnan, Esquir~._~ H:/Main Forms/mo tion s/couniy.c omp FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL[NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DWISION : : CUMBERLAND County JOHN R. CLEMONS VS. Defendants : No. 04-284 CIVIL 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: April 13, 2004 FEDERMAN AND PHELAN, LLP //C^W~NCE ~., PH~, ESQUIRE ./ FP,~C~S S. HA3Z4NAN, ES(~Un~ ~ AStomeys for Plaintiff /jrh, Svc Dept. Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attomey for Plaintiff Mortgage Electronic Registration Systems, Inc. COURT OF COMMON PLEAS CIVIL DJ[VISION VS. Cumberland COUNTY ~.,~ ,~ NO. 04-2.84 Civil Tc~'m JohnR. Clemons - :ORDER A ' ~ AND NOW, this ~ ['~__~_ day of _~~_~~, 2004, uPOn consideration of Plaintiff'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 P![aintiffmay obtain service of the Complaint, and all future pleadings, on the above captioned Defendant, John R. Clemons, by: 1. First class mail to John R. Clemons at the last known address of 100 Washington Street Apt. 32, Salem, MA 01970 and the mortgaged premises located at 143 West Middlesex Drive, Carlisle, PA 17013; amd Certified mail to John R. Clemons at the last known address of 100 Washington Street Apt. 32, Salem, MA 01970 and the mortgaged premises located at 143 West Middlesex Drive, Carlisle, PA 17013. BY THE COURT: H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 56%7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff Attothey for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION VS. JOHN R. CLEMONS Defendant(s) CUMBEKLAND COUNTY NO. 04-284 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT RY MArl, pI]~glIANT TO COURT ORI~F.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, retum receipt requested, to the following persons, JOHN R. CLEMONS at 143 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013 and 100 WASHINGTON STREET, APARTMENT 32, SALEM, MA 01970 on l~lay 7: 2004: in accordance with the Order of Court dated April 23, 2004. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: / A~'0a~y br;ErI~ 15ntP~7' E S Q FEDERMAN AND PHEL ~N, LLP By: FRANK FEDERMA_N Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, JOHN R. CLEMONS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-284-CML TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JOHN IL CLEMONS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days fi.om service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/21/04 to 6/7/04 TOTAL $141,260.08 $3,230.36 $144,490.44 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA D. PRO PROTHY 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 1910:3 (21~) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff JOHN R. CLEMONS Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DMSION CUMBERLAND COUNTY NO. 04-284-CML TERM TO: JOHN IL CLEMONS 143 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 DATE OF NOTICE: MAY 28, 2004 THIS FIRM IS A DEBT COLLECTOR AWfEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU 1N AN ATFEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUFFCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ~t CUMBERLAND COUNTY BAR ASSOCIATION ~ ~ 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDE1LMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP · FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, F. SQ., Id. No. 32227 FRANCIS S. I-IALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 191013 (715) 56~-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. JOHN R. CLEMONS Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 04-284-CIVIL TERM TO: JOItN R. CLEMONS 100 WASHINGTON STREET, APT. 32 SALEM, MA 01970 DATE OF NOTICE: MAY 28, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AI-I't3MPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, JOHN R. CLEMONS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-284-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOHN R. CLEMONS is over 18 years of age and resides at, 143 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 JOHN R. CLEMONS Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-284-CIVIL TERM s given that a Judgment in the above-captioned matter has been entered against you on If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 1N BANKRUPTCY AND ~IX-IIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.* * PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, JOHN R. CLEMONS Defendant(s). No. 04-284-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/7/04 to SEPTEMBER 8, 2004 (per diem -$23.24) TOTAL $144,490.44 $2,208.75 and Costs $146,699.19 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold ak the direction of the plaintiff. 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 is not present at the sale. LEGAL DESCRIPTION ALL TIIAT CI~TAIN lot of gromld and RI~ tmprovemea~ dleteatl e. teete~ situate in Mi~ Town~ip, Cumbertnnd Coumy, Pennsylvania, bounded and described according to a zurv~ made by Thomas A, Neff, l~gistered Sur~'cyor, on Dc~:~mln~r 3, 197l, a~ follows; BEGINNING at a paint in thc center linc of North Middlesex Drive, Township Road T-499 (prematly 33 ~ w~c, ~ pm~s~ to bc w~ to a ~ ~ ~-way) ~ U~ o~ ~y ~ow ~ or' Alert L, a~ J~l/~ M, M~ioy; ~n~ ~m s~d ~i.~ ~ by ~ ~ ~ of N~ M~ ~ivc, No~ 79 d~g~ l0 ~s ~ ~s W~, 1~ ~ ~ a s~ ia ~ ~ Ii~ of ~ t~; ~c~ by ~ ~w or ~ly of H~ I. Bo~a. N~ 3 d~ 35 min~ C-'X)NTAININO 19,371 square feet. HAVING t~tu~ou erected a single brkk and aluminum ranei~ype dwelling with huelond two. car garage. -{=[I={~F, TO SAID PREMIs~-q nnd Ch~/l Lynn Swartz bis wife dated 10/13/211~ and record~l 10/13/2000, in ~ Book Page PROPERTY ADDRESS: 143 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013 TAX PARCEL: #21-05-0429-032 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-284 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff(s) From JOHN R. CLEMONS, 143 W. MIDDLESEX DRIVE, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 143 W. MIDDLESEX DRIVE, CARLISLE PA 17013 (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) tlutt: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the accotmt 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $144,490.44 L.L. $.50 Interest FROM 6/7/04 TO 9/8/04 ~ $23.24 per diem -- $2,208.75 Atty's Comm % Atty Paid $115.00 Pla/ntiff Paid Date: JUNE 9, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Due Prothy $1.00 Other Costs CURTIS R. LONG Protho~t~tary Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., STE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PmLADELPH~, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,/NC. Plaintiff, JOHN R. CLEMONS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-284-CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, JOHN R. CLEMONS Defendant(s). : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-284~CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,143 WEST MIDDLESEX DRIVE, CARLISLE~ PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN R. CLEMONS 143 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgmeut is a record lien on the real property to be sold: Sanle 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: Sallie 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. Narnc Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 143 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 7, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, JOHN R. CLEMONS Defendant(s). TO: JOHN R. CLEMONS 143 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 04-284-CML TERM June 7, 2004 **THIS FIRM' IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVE PREVIOUSLYRECE1VED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT.REAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 143 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enfome the court judgment of $144~490,44 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you, In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215} 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full mount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the mount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff'gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT 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 Sheriff's 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 THAT CERTAIN lot of groined m~J Rte impr0vemeo~ ~bercon ere~.~ $iraa~c in Mi~:llescx Township, Cumber[and County, Pennsylvania, bounded etnd dcecribed according to a eurvey mede by Thoma~ A. Neff. Rqli~tgred Surveyor, an Decem~ ~, 197I, a~ follows: BEGINNING at a point in the center line of North Middlesex Drive, Township Road T-499 (presently 33 f~ wkle, but proposed to be wide. gEd to a .50 f~ right-of-way) a~ line of prope~y now or formerly of Albert L. and Sacquellne M. Malloy; tlten~e from said begin~a~ poir~ by the ~enter line of North Middlese~x Drive, North 79 degrees 10 minutes 20 ~onds West, 100 feet to a sp'd~ in Ibc ~ line of said road: thence by ixoperty now o~ formerly of ti~tberl J. Borge~, Nor& 3 degrees 35 rainl~tes We~ 200.00 feet to a gtake; thence by same, South 79 degrees 10 mlnut~ 20 seconds r~st 100.00 fe~t to a ~ake; lheace by propef:y now or form~ly of Albert L. ami lacqueline M, Malloy, Smah 3 degrees 35 minutes F~ 200,00 fa to a spik~ in tl~e c, eater line of ~aid road. CONTAINING 19,371 squn~e feet. HAVING ~hereon e:ected a single brick and aluminum ra~l~ype dwelling with tnlegral two-cat garage, TITLE TO SAID PREMISES Lq VESTP_.D IN Jolm IL Cle~nons by Deed from Thongs l~aul Swar~ and Churl Lynn Swartz lfls wife dated 10/13/2000 and recorded 10/1312000, in Record Book 231, Page PROPERTY ADDRESS: 143 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013 TAX PARCEL: #21-05-0429-032 Mortgage Electronic Registration Systems, Inc. VS John R. Clemons In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-284 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 2,323.85 Law Library .50 Prothonotary 1.00 Certified Mail 15.84 Levy 15.00 Surcharge 20.00 Share of Bills .30.49 $2,436.68 paid by attorney 07/14/04 This ~ day of ~t~,0~.~e~ R. Thomas Kline, Sheriff 2004, A.D. 4 , ~~~ Prothonot~ x's~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, JOHN R. CLEMONS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-284-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,143 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN R, CLEMONS 143 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sanle 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. Sallie 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 143 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 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 beliefi I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworu falsification to authorities. June 7, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, Vo JOHN IL CLEMONS Defendant(s). TO: JOHN R. CLEMONS 143 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 04-284-CIVIL TERM June 7, 2004 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFF1RMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINSTPROPERTK ** Your house (real estate) at 143 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $144,490.44 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict yotl. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sate. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DES(~RIPTION ALL TI]AT CF-.RTARq lot of grouad ami the ~,t~0vemetli$ {hereon ~ sitmu~le in Middlesex Township, Cumberland CounOy. Puansylvaaia, bounded and described according to a survey made by Thonuu~ A. Neff, l~gistered Surveyor, on December 3, 1971, as follo~vs: BEGINNING at a poinl in the center line of Norlh Middlesex Drive, Township Road T-499 (preseatly 33 feet wkl¢, but proposal to be widetl~ to a f~0 feet fight-of-way) at Otto of groperty aow ~ formerly of Albert L. and Jaeque{ine M. Ma{loy; thence from said be~ifl~ng poim by ~he center line of Noah Middl~ux Drive, North 79 degruea 10 minutos 20 s~c~oada We~t, 100 feet to a spik~ in 11~ ceat~r line of said road; thence by property now o{t form~ly of Herbert L Burgea, Nor~ 3 degrees 35 minu~es West 200.00 feet to a stoke; thence by same, South 79 degrees 10 m}m.,U:s 20 sceoads ~ 100.00 fee~ to a slake; thereto by propmty r, tr,v or formerly of Albert L. and Jacqneline M. Malloy, South 3 degrees 35 mina~{ East 200.00 fe~t to a spike ia ~ ego. l~ line of said road. CONTAINING 19,371 ~l~ate feel. HAVING theu~on erected a singl~ brick ami aluminum nmeh-type dwelling wiCa iulegral two-cat garage. TITLE TO SAID PREMIS--ES Ig VES'rF.D IN John F. Ckmous by Demi fa'mm Thomas Paul Svartz and Cheoyl Lynn Swar~z, his wife dated 1011312000 ~ record~ 10/1312000, in Record Book 231, Page: 199. PROPERTY ADDRESS: 143 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013 TAX PARCEL: #21-05-0429-032 Real Estate Sale #54 On June 16, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 143 West Middlesex Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 16, 2004 Real Estat~ Deputy