Loading...
HomeMy WebLinkAbout04-0486FEDERMAN AND PHELAN, LLP By: 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 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 COURT OF COMMON PLEAS CWIL DIVISION Plaintiff GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED 726 INDIANA AVENUE LEMOYNE, PA 19043 TERM CUMBERLAND COUNTY UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR LrNDER AGNES J. ENCK, DECEASED 862 INDIANA AVENUE LEMOYNE, PA 17043 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. File #: 81502 CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FEDERMAN AND PHELAN BY: FP,~qK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER pHilADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. VS. CUMBERLAND COUNTY COURT OF COMMON PLEAS CWIL DIVISION GLEN ENCK, HEIP- OF AGNES J. ENCK, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, T1TLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED NO. 04-486-CIVIL VERIFICATION 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), UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, T1TLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED on IIINE 14:2004 at 862 INDIANA AVENUE, LEMOYNE, PA 17043, in accordance with the Order of Court dated, MARCH 4, 21304. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. ~'~ANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: July 14, 2004 FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN, Esquire ATTORNEY I.D.//62695 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563 -7000 COUNTRYWIDE HOME LOANS, INC. GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED 2004 ATTOILNEY FOR PLAINTIFF COUPT OF COMMON PLEAS CIVIL DIV[SION NO. 04-486-CIVIL CUMB ERLPuND COLrNTY ORDER AND NOW, this /2~ day o f ~f~r){~-.¥~ ; 2004, upon consideration o£ Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Reinstated Complaint ~n UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED by mailing a true and correct copy of the complaint by Certified mail and Regular mail and by posting the mortgaged premises at 862 INDIANA AVENUE, LEMOYNE, PA 17043. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office: an Affidavit of Service. '7160 3901 9848 5289 4530 TO: UNKNOWN HEIR~, SUCCESSORS, ASSIGNS, AND ALL p~S, OR ASSOC1AT10! CLAIMING RIGHT, TITLE, OR INTEREST l FROM OR UNDER AGNES J..ENCK, DECEASEi 862 INDIANA AVENUE LEMOYNE. PA 17043 SENDER: TEAM2 SI~L REFERENCE:AGNES j. ENCK, DECEASED ~[ RETURN ~, RECEIPT Ce~fied Fee .' SERVICE t Fee US Postal Service Receipt for Certified Mail NO nsurance C~o7, erage Provided DO'Not Use for International Mail PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE cOUNTRYWIDE HOME LOANS, INC. GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED SERVE GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED AT 726 INDIANA AVENUE LEMOYNE, PA 19043 CUMBERLAND cOUNTY PJT No. 04-486-CIVIL ACCT. #5878456 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 8, 2004 SERVED Served and mada lmownto _Glen Enck _, Defendant, onthe _ 11 th at_4:47 ,o,clockP__.m.,at_726 Indiana Avenue, Lemoyne, PA 17043 of Pennsylvania, ia the manner described below: _ day of june ,200~4, ., Commonwealth Cheryl Enck Defendant personally served. __ X Adult family member with whom Defendant(s) reside(s). Name and Relatiom,hip is spou s e Adult in charge of Defendant(s)'s residence who refused to give name or relationship. -- Manager/Clerk of place of lodging in which Defendant(s) reside(s). -- Agent or person in charge of Defendant(s)'s office or usual place of business, - an officer of said Defendant(s)'s company. Other: Description: Age. 50' s Height 5' 6" Weight!60. Race W .Sex F Other tent adult being duly sworn according to law, depose and state that I personally handed ! Me 1 i s s a I. Bat en _, a compe · '- t fnrth herein, issued in the ca tioned case on the date and at -, -- ~ .t.~ x~,~ce of Sheriff's Sale ~n We manner as se ............ P a tree and correct copy et ut, ~,o,, .- . the address indicated above. ~ Wendy M. L~v°ina~is~lonS, e~otary Public ~ Susquehanna Twp., Dauphin County Sworflto alld su~.~cr~a ! My Commission Ex~ires Oct. 24, 2005 ] before~aethisl,t~.~ Y "7~ .... - ~r, oc !ch: ~ of 200_9' 7?--7 . a PLEASE ATYEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED ,200__, at _~ o'clock __.m., Defendant NOT FOUND because: On the __ _. day o~_ · Unknown _ . Moved _ 1st Attempt: / / No Answer . Vacant 2aa Attempt: Time: : / / .Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorne for Plaintiff ~ .... Federman, Esquire - I.D. No. 12248 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 #: 81502 Plaintiff is COUNTRYWIDE HOME LOANS, 1NC. 7105 CORPORATE DRIVE PLANO, TX 75024 The name(s) and last known address(es) of the Defendant(s) are: GLEN ENCK, HELP. OF AGNES J. ENCK, DECEASED 726 INDIANA AVENUE LEMOYNE, PA 19043 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIILMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED 862 iNDIANA AVENUE LEMOYNE, PA 17043 who is/are the real owner(s) of the property hereinafter described. On 12/19/2001 mortgagor, AGNES J. ENCK, made, executed and delivered a mortgage upon the premises hereinafter described to APPROVED FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1744, Page 4216. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 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#: 81502 10. 12. 13. 14. The following amounts are due on the mortgage: Principal Balance Interest 03/01/2003 through 01/27/2004 (Per Diem $49.83) Attorney's Fees Cumulative Late Charges 12/19/2001 to 01/27/2004 Cost of Suit and Title Search Subtotal $205,247.80 16,593.39 1,250.00 488.04 $ 550.00 $ 224,129.23 Escrow Credit 0.00 Deficit 2,231.39 Subtotal $ 2,231.39 TOTAL $ 226,360.62 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 attomey's fees will be charged. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendant(s) is/are not a "Residential Mortgage Debtor" as defined by the Act, having failed to provide Plaintiff notice of its acquisition of title. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. By virtue of the death of GLENN R. ENCK, AGNES J. ENCK became sole owner of the mortgaged premises as surviving tenant by the entireties. Mortgagor, AGNES J. ENCK, died on 3/31/02, and upon information and belief, her surviving heirs are GLEN ENCK AND UNKNOWN PARTIES. Plaintiff contacted the Register of Wills of CUMBERLAND County and was informed as of 1/27/04, no estate has been raised on behalf of the decedent mortgagor. Plaintiff hereby releases AGNES J. ENCK from liability for the debt secured by the mortgage. Plaintiff does not hold the named Defendants, GLEN ENCK AND UNKNOWN PARTIES, personally liable on this cause of action and releases them from any personal liability. This action is being brought to foreclose their interest in the aforesaid real estate only. File #: 81502 15. Defendant(s), GLEN ENCK AND UNKNOWN PARTIES, has/have been named in accordance with Pa R.C.P. 1144(a)(2), m order to divest the equitable interest(s) m the premises and has/have no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 226,360,62, together with interest from 01/27/2004 at the rate of $49.83 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. LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 81502 VERIFICATION MICI-IAEL D. VESTAL hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, l]qC. mortgage servicing agent for Plaintiffin this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tree and correct to the best of his knowledge, information and belie£ 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. SHERIFF'S RETURN - CASE NO: 2004-00486 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS ENCK GLEN ET AL REGULAR VALERIE WEARY , Cumberland County,Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 6th day of February , by handing to together with says, the within COMPLAINT - MORT FORE ENCK GLEN DEFENDANT at 1600:00 HOURS, on the at 726 INDIANA AVENUE LEMOYNE, PA 17043 CHERYL ENCK, WIFE a true and attested copy of COMPLAINT - MORT FORE 2004 and at the same time directing Her attention to the contents thereof. Additional Comments A COPY WAS GIVEN TO THEM, AT THEIR REQUEST TO BE GIVEN TO PAMELA BEST, GLEN'S SISTER. PAMELA LIVES IN NEW JERSEY Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ day of rothonotary ' ' So Answers: R. Thomas Kline 02/09/2004 FEDERMAN & PHELAN Deputy 'Sheriff SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00486 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAiqD COUNTRYWIDE HOME LOANS INC VS ENCK GLEN ET AL R. Thomas Kline duly sworn according to law, says, that he made inquiry for the within named DEFENDANT UNKNOWN HEIRS OF AGNES J ENCK unable to locate Him in his bailiwick. COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being a diligent search and but was He therefore returns the the within named DEFENDANT 862 INDIANA AVENUE LEMOYNE, PA 17043 862 , UNKNOWN HEIRS INDIANA AVENUE LEMOYNE IS VACANT. , NOT FOUND , OF AGNES J ENCK as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 R. Thomas K~e Sheriff of Cumbe/~U=and County FEDERMAlq & PHELA/q 02/09/2004 Sworn and subscribed to before me this /~ ~- day of ~ A.D. ProthOnotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00486 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS VS ENCK GLEN ET AL INC R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT ENCK GLEN HEIR OF AGNES J ENCK unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and He therefore returns the COMPLJtINT - MORT PORE , the within named DEFENDANT 862 INDIANA AVENUE LEMOYNE, PA 17043 862 INDIANA AVENUE , NOT FOUND , as to ENCK GLEN HEIR OF AGNES J ENCK LEMOYNE IS VACANT. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit 5.00 Surcharge 10.00 .00 44.04 R. Thomas Sheriff of Cumberland County FEDERMAN & PHELAN 02/09/2004 Sworn and subscribed to before me this /~ ~ day of J~O ~ A.D. FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN, Esquire ATTORNEY I.D. #62695 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563 -7000 COUNTRYWIDE HOME LOANS, 1NC. GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR 1NTEREST FROM OR UNDER AGNES J. ENCK, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-486-CIVIL CUMBERLAND COUNTY MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, COUNTRYWIDE HOME LOANS, INC., by its counsel, Francis S. Hallinan, Esquire, respectfully requests that this Honorable Court enter an ORDER granting Plaintiff's Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. On 12/19/01, AGNES J. ENCK, made, executed and deIivered a Mortgage upon premises known as 862 INDIANA AVENUE, LEMOYNE, PA 17043, which mortgage was subsequently assigned to Plaintiff. 2. The loan is in default as payments due 4/1/03 and each month thereafter remain due and unpaid. 3. By virtue of the death of GLENN R. ENCK, AGNES J. ENCK became the soIe owner of the mortgaged premises as surviving tenant by the entireties. 4. Mortgagor, AGNES J. ENCK, died on 3/31/02, and upon information and belief, her surviving heir at law is GLEN ENCK. Any other parties who may have an interest in the mortgaged premises are unknown to Plaintiff. Attached hereto, marked as Exhibit "A" is a true and correct copy of Plaintiff's Affidavit of Good Faith Investigation. 5. Plaintiffcontacted the Register of Wills of Cumberland County and was informed that no estate has been raised on behalf of the decedent mortgagor. 6. By letter dated 1/6/04, Plaintiff attempted to contact GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED to inform him of the foreclosure. Plaintiff attached to its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested additional heir information for AGNES J. ENCK, DECEASED. To date, Plaintiff has not received a response or executed waiver from GLEN ENCK. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiff's letter. 7. On 2/5/04, Plaintiff filed an Action in Mortgage Foreclosure naming as defendants, GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED, and the UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED. Attached hereto, marked as Exhibit "C" is a true and correct copy of the Complaint in Mortgage Foreclosure. 8. Plaintiff hereby releases AGNES J. ENCK, fi.om liability for the debt secured by the mortgage. 9. No one has come forward to save the mortgaged premises from foreclosure. 10. In order to convey clear and marketable title after a foreclosure sale, title companies customarily require the foreclosing mortgagee name as a defendant the unknown heirs, successors, assigns and all persons, firms or associations claiming right, title or interest from or under the decedent mortgagor. 11. It deserves special mention that Plaintiff's action is merely seeking a judgment i_n rem in order to divest all claims against the mortgaged premises. 12. Because there may be parties with an interest in the mortgaged premises who Plaintiff does not know of, Plaintiff must effectuate service through Special Order of Court. WHEREFORE, Plaintiff respectfully requests this ltonorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by Regular Mail, Certified Mail and by posting the premises. / A-~omey ~or Pl~inti'ffEsquire FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALL1NAN, Esquire ATTORNEY I.D. #62695 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 - 1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIM1NG RIGHT, TITLE OR iNTEREST FROM OR UNDER AGNES J. ENCK, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CiVIL DiVISION NO. 04-486-CiVIL CUMBERLAND COUNTY MEMORANDUM OF LAV~' According to Pa.R.Civ. P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion :~or alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ. P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625,559 A.2d 941,944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Plaintiff has attached a report to its Motion which sets forth the nature and extent of the investigation which has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit "A" is a copy of the Affidavit of Good Faith Inves!igation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, il? known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer v. Dieh!, 130 Pa. Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff's sale. Title companies customarily require foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. It deserves special mention that Plaintiff is merely seeking an in rem judgment to recover the mortgaged premises and is not pursuing the defendant(s) personally in this action. /Francis S. Hallinan, Esquire t Attorney for Plaintiff EXHIBIT "A" Dec-23-03 03:42pm From-Player's Association 636 230 0558 T-535 P.OOS/OT4 F-589 PLAYERS NATIONAL LOCATER AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: $870456 Attorney Firm: FORECLOSURE REVIEW SERVICES INC Case Number: Subject: A.K.A.: Agnes J Enck None Property Address: 862 Indiana Avenue Lemoyne, Pa 17043 Last Known Address: 726 Indiana Avenue Lemoyne, PA 17043 Last Known Number: ( ) Melissa Kozma, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Location Specialist for Players National Loc. ator. 2. On 12/23/2003, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER(S):170-07-4832 B, EMPLOYMENT SEARCH: We were unable to verify current employment for Agnes J Enck. We were unable to verify any further heir information. C. INQUIRY OF CREDITORS: Creditors indicated the last reported address for Agnes J Enck is 726 Indiana Avenue, Lemoyne, PA 17043 with no valid home number. Creditors stated Agnes is deceased. We were unable to verify any further heir Information. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: Directory assistance does not have a listing for Agnes J Enck. We called 717-761-6246 several times and did not receive an answer. We also called 717-790.0250 and spoke with a person who would not release any information. We were unable to verify any further heir Information. INQUIRY OF NEIGHBORS - We contacted 727-737-6654 registered at 725 Indiana Avenue and spoke with a neighbor who stated Agnes J Enck Is deceased and her son, Glen Enck, is living at 726 Indlana Avenue, Lemoyne, PA 17043. We were unable to verify any further heir information. INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of December 16, 2003 the National Change of Address (NCOA) has no change for Agnes J Enck from 726 Indiana Avenue, Lemoyne, PA 17043. We were unable to verify any further heir Information. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: We were unable to verify current drivers license Information for Agnes J Enck. We were unable to Dec-Z3-03 03:43pm From-Player's Association 635-Z30 0558 T-535 P.009/014 F-589 verify any further heir information. OTHER INQUIRIES - A. DEATH RECORDS: The Social Security Administration has a death record on file for Agnes J Enck on March 31, 2002 under the social security number provided. The last reported residence ia listed In Lemoyne, PA 17043. B. PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC. ): None Found. We were unable to verify any further heir informal:Ion. COUNTY VOTER REGISTRATION: The Cumberland County Voters Regletrstlon Office does not have a listing. OTHER SEARCHES - The Cumberland County tax records Indicate the following: We were unable to verify any tax records in the name Agnes J Enck at the addresses listed above. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: June 14, 1918 Phone: (636) 230-9922 Fax: (636) 230-0558 Date: 12/23/2003 From-Player's Association 030 230 0550 Players National Locator (PNL) (Reply Form)' T-535 P.007/014 F-589 Reply To: FORECLOSURE REVIEW SERVICES INC ATTN:JENNIFER REDLING 4 HIGH CROFT LANE MALVERN, PA 19355 Service Type: Skip Trace Open Date: 12/16/2003 Due'Date: 12/23/2003 Close Date: 12/23/2003 File Status: Found Loan Number: 5878456 Servicer Loan Number: Borrower Name (t): AGNES J ENCK Borrower Name (2): Last Known Address:726 INDIANA AVENUE LEMOYNE, PA 17043 New Address: Additional Information: See affidavit Subject(s) Rating: Death Reported Social Security #: 179-07-4832 Social Security #: - - Residential Phone #: ( } Residential Phone #: ( ) Business Phone#: ( ) Business Phone #: ( ) Other Phone#: ( ) PLEASE USE THIS FORM AS AN INVOICE. $-;0.00 DUE & PAYABLE. Players National Locator 174 Clarkson Road, Suite 225 St. Louis, MO 63011 Phone: (636) 230-9922 Fax: (636) 230-0558 EXHIBIT "B" FEDERMAN AND PHELAN, L.L.P. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax: 215-563-4491 Jennifer. Redling~fedphe-pa.com Jennifer Redling Legal Assistant, Decedent Department Representing Lenders in Pennsylvania and New Jersey January 6, 2004 Glen Enck, Heir Of Agnes J. Enck, Deceased 726 Indiana Avenue Lemoyne, PA 17043 RE: AGNES J. ENCK; 862 INDIANA AVENUE, LEMOYNE, PA 17043 COUNTRYWIDE HOME LOANS, NO. 5878456 Dear Mr. Enck: Kindly be advised that the Law Offices of Federman and Phelan represent COUNTRYWIDE HOME LOANS, INC., the holder of the mortgage against the above-referenced mortgaged premises. The loan is in default as payments due 4/1/03 and each xnonth thereafter remain due and unpaid. Our office has been retained to bring a foreclosure action. Our office has been informed of AGNES' unfortunate death. We are sorry for your loss. As you are an heir of AGNES J. ENCK, you were automatically vested wilh an ownership interest in the mortgaged premises upon her death under 20 Pa.C.S.A. §301(b). Aecordingly, it will be necessary to bring a foreclosure action against your interest in the property. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I wouM appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. If the Waiver is timely returned, and the Court does not require the mortgagee to raise an estate on behalf of the decedent mortgagor, it will not be necessary to narae you as a Defendant in the foreclosure action. If, however, the Waiver is not timely returned, our office will proceed to name you as a Defendant. Please contact this office if you are not the sole surviving heir of AGNES J. ENCK. Please provide any additional heir information. Thank you for your cooperation in this regard. * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. Please note that this waiver does not preclude you fi.om attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. If you would like to request a payoff or reinstatement figure, please call (215) 563-7000, and ask for the Foreclosure Resolution Department. Very truly yours, * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. FEDERMAN AND PHELAN, LLP By: Francis S. Hallinan Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 COUNTRYWIDE HOME LOANS, INC. ESTATE OF AGNES J. ENCK, DECEASED Attorney for Plaintiff WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, GLEN ENCK, Heir of AGNES J. ENCK, DECEASED, hereby waive my right to be named as a defendant in a foreclosure action to be instituted by COUNTRYWIDE HOME LOANS, INC. involving a mortgage secured on premises 862 INDIANA AVENUE, LEMOYNE, PA 17043, which property was owned by decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and nnderstand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Glen Enck, Heir Of Agnes J. Enck, Deceased * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. EXHIBIT "C" 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 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED 726 INDIANA AVENUE LEMOYNE, PA 19043 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED 862 INDIANA AVENUE LEMOYNE, PA 17043 Defendant(s) TERM CUMBERLAND COUNTY CML ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend againsl the claims set forth in the following pages, you must take action within twenty (20) days afie~ 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 fights 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. File #: 81502 CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IF THIS IS THE FIRST NOTICE THAT YOU HA~qE 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 AFYER 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 ~MN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File#: 81502 Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 The name(s) and last known address(es) of the Defendant(s) are: GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED 726 INDIANA AVENUE LEMOYNE, PA 19043 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED 862 INDIANA AVENUE LEMOYNE, PA 17043 who is/are the real owner(s) of the property hereinafter described. On 12/19/2001 mortgagor, AGNES J. ENCK, made, executed and delivered a mortgage upon the premises hereinafter described to APPROVED FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder ef CUMBERLAND County, in Mortgage Book No. 1744, Page 4216. PLAINT~F is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attaelhed. The mortgage is in default because monthly payments ofp~incipal and interest upon said mortgage due 04/01/2003 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 #: 81502 10. 11. 13. 14. The following amounts are due on the mortgage: Principal Balance Interest 03/01/2003 through 01/27/2004 (Per Diem $49.83) Attorney's Fees Cumulative Late Charges 12/19/2001 to 01/27/2004 Cost of Suit and Title Search Subtotal $205,247.80 16,593.39 1,250.00 488.04 $ 550.00 $ 224,129.23 Escrow Credit 0.00 Deficit 2,231.39 Subtotal $ 2,231.39 TOTAL $ 226,360.62 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required became the defendant(s) is/are not a "Residential Mortgage Debtor" as defined by the Act, having failed to provide Plaintiffnotice of its acquisition of title. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. By virtue of the death of GLENN R. ENCK, AGNES J. ENCK became sole owner of the mortgaged premises as surviving tenant by the entireties. Mo~gor, AGNES J. ENCK, died on 3/31/02, and upon information and belief, her surmmng heirs are GLEN ENCK AND UNKNOWN PARTIES. Plaintiff contacted the Register of Wills of CUMBERLAND County and was informed as of 1/27/04, no estate has been raised on behalf of the decedent mortgagor. Plaintiff hereby releases AGNES J. ENCK from liability for the debt secured by the mortgage. Plaintiff does not hold the named Defendants, GLEN ENCK AND UNKNOWN PARTIES, personally liable on this cause of action and releases them from any personal liability. This action is being brought to foreclose their interest in the aforesaid real estate only. File #: 81502 15. Defendant(s), GLEN ENCK AND UNKNOWN PARTIES, has/have been named in accordance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interest(s) in the premises and has/have no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 226,360.62, together with interest from 01/27/2004 at the rate of $49.83 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. AN AND PHELAN. ~ ~l~aM'q~ FEDERMP~N~ ~S~LffRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 81502 VERIFICATION MICHAEL D. VESTAL hereby states that he is VICE P1LESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent far Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true aud correct to the best of his knowledge, information aud belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. See. 4904 relating to unswom falsification to authorities. VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF TltE COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. / rancis S. Hallinan, Esquire Attomey for Plaintiff FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN, Esquire ATTORNEY I.D. #62695 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 - 1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-486-CIVIL CUMBERLAND COUNTY GLEN ENCK, HEIR OF AGNESJ. ENCK, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED CERTIFICATION OF SERVICE I hereby certify a tree and correct copy of the foregoing PlaintiWs Motion for Special Service was served by regular mail on Defendant (s) on the date listed below: GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED 726INDIANA AVENUE LEMOYNE, PA17043 UNKNOWN HEIRS OF AGNES J. ENCK, DECEASED 862 INDIANA AVENUE LEMOYNE, PA 17043 F~ancis S. Hallinan, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN, Esquire ATTORNEY I.D. #62695 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 - 1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, 1NC. GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-486-CIVIL CUMBERLAND COUNTY AND NOW, this day of Plaintiff's Motion for Service Pursuant to Special Or'der of courf, it ,2004, upon consideration of is hereby; ORDERED that Plaintiff may obtain service of the Reinstated Complaint on UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED by mailing a tree and correct copy of the complaint by Certified mail and Regular mail and by posting the mortgaged premises at 862 iNDIANA AVENUE, LEMOYNE, PA 17043. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit of Service. Deborah Michele Morton, Plaintiff V. Dale Emest Morton Jr., Defendant MAR 1 5 2004 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-542 CIVIL ACTION - LAW : PROTECTION FROM ABUSE : FINAL ORDER OF COURT Defendant's Name: Dale Ernest Morton Jr. Defendant's Date of Birth: February 17, 1975 Defendant's Social Security Number: 203-54-8738 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names 1. Deborah Michele Morton Dates of Birth November 30, 1965 Plaintiff or Protected Person(s) is/are: IX] spouse or former spouse of Defendant [X] parent of a common child with Defendant [X] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person who shares biological parenthood) of Defendant [ ] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. AND NOW, this ~ the court having jurisdiction over the parties and the subject-nfatter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted as authorized by §6108 of the Act: Non-harassing, non-threatening contact between the parties regarding custody and/or visitation shah not be deemed a violation of this order. Defendant shah not damage or destroy any property owned jointly by the parties or solely by the plaintiff. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police of Carlisle 6. All provisions of this order shall expire on: ~7/3~/o .C~ NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN 1F THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enfome this order. An arrest for violation of Paragraphs 1 through 3 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriff's Office shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT:  Judge Entered pursuant to the consent of Plaintiff and Defendant: Deborah Morton, Jessi~c~Diamondstone, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Mark Bayley, ~Kff~mey for Defendant Rominger, Bayley, & Whare 155 South Hanover Street Carlisle, PA 17013 Dale E. Morton Jr., Defendant Distribution to: Jessica Diamondstone, Attorney for Plaintiff Sam Andes, Attorney Faxed and Mailed to PSP REPORT 03/16/2004 09:50 PROTHONOTARY 0 LONG ?172406573 BROH3J606301 PAGE(S) 00 DATE TIME PAX NO./NAME DURATION PAGE(S) RESULT COMMENT 03/16 09:45 PSP 01:00 00 OK ECM 03/16 09:46 CENTRAL PROSSIN 0i:12 09 OK EOM 03/is 09:48 LEGAL SERVICE 02:09 98 OK ECM BUSY: BUSY/NO RESPONSE NG POOR LINE CONDITION CV COVERPAGE PC PC-FAX 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 COUNTRYWIDE HOME LOANS, 1NC. Plaintiff VS. GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 04-4.86-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate thc Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: March 26 2004 EAND ~AN, LLP ESQUI LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN CASE NO: 2004-00486 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS ENCK GLEN ET AL - REGULAR CPL. TIMOTHY REITZ , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE UNKNOWN HEIRS OF AGNES J ENCK DEFENDANT , at 1245:00 HOURS, at 862 INDI~kNA AVENUE LEMOYNE, PA 17043 POSTED PROPERTY AT 862 a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 1st day of April , 2004 by handing to INDIANA AVENUE LEMOYNE, PA together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Posting 6.00 Surcharge 10.00 .00 45.04 Sworn and Subscribed to before me this /~ -~ day of ~rothonotary · ~ So Answers: R. Thomas Kline 04/02/2004 FEDERMAN & PHELAN FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPH/A, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN HE/RS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-486-CIVIL Defendant(s). 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 GLEN ENCI~L HEIR OF AGNES J. ENCK, DECEASED and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED, Defendant(s) for failure to file an Answer to PlaintiWs Complaint within 20 days from service thereof and for Foreclosure and Sale &the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 1/28/04 to 6/3/04 TOTAL $226,360.62 $6,378.24 $232,738.86 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 FE-DERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. m 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 19103 COUNTRYWIDE HOME L3.ONS, INC Plaintiff GLEN ENCK, HEIR OF AGNES J. ENCK, DCEASED UNKNOWN HElP, S, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CU2VIBERLAND COLrNTY : NO. 04486-CIVIL TO: GLEN ENCK, HEIR OF AGNES J. ENCK, DCEASED 726 INDIANA AVE LEMONIE i PA 19043 DATE OF NOTICE: APRH, 7, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOHCE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO ItEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSEIF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDINCE tS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BLF 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 HE,[RI'sG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVF 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 PER~N~ S AT A REDUCED FEE OR NO FEE. CmmERL, , O corn, try CUMBERLAND COUNTY BAR ASSOCIATION CARLISLE, PA 17013 (717) 249-3166 FRTkNK FEDERMAN, ESQUIRE LAWRENCE T: PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T~ PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 COUNTRYWIDE HOME LAONS, ][NC Plaintiff VS. GLEN ENCK, HEIR OF AGNES J, ENCK, DCEASED LrNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED · Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 04-486-CIVIL TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED 862 liND[ANA AVE LEMONIE, PA 19043 DATE OF NOTICE: APRIl, 7, 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 ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PR_~IVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGI~ PERSONS AT A REDUCED FEE OR NO FEE. ~,% ~ CUMBERLAND COUNTY ~.a CUMBERLAND COUNTY BAR ASSOCIATION ~'g~ ' 2 LIBERTY AVENUE '~' CARLISLE, PA 17013 (717) 249-3166 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-00486 P COMMONWEALTH GF PENNSYLVANIA:' COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS ENCK GLEN ET AL VALERIE WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE ENCK GLEN DEFENDANT at 1600:00 HOURS, on the at 726 INDIANA AVENUE LEMOYNE, PA 17043 CHERYL ENCK, WIFE a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 6th day of February , 2004 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments A COPY WAS GIVEN TO THEM, AT THEIR REQUEST TO BE GIVEN TO PAMELA BEST, GLEN'S SISTER. PAMELA LIVES IN NEW JERSEY Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 1~.00 Sworn and Subscribed go before me this day ot A.D. So Answers: R. Thomas Kline 02/09/2054 FEDERMAN & PHELAN Deputy /Sheriff Prothonotary FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN, Esquire ATTORNEY I.D. t~52695 One Penn Center at Subt~rban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COLFbFI'RYWIDE HOME LOANS, INC. GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER AGNES I. ENCK, DECEASED I'IAR u 4 2004 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DWIS[ON NO. 04-486-CIVIL CUMBERLAND COUNqYY ORDER AND NOW, this c ' Plaintiff's Motion £or Servi e Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Reinstated Complaint on LrNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED by mailing a true and correct copy of the complaint by Certified mail and Regular mail and by posting the mortgaged premises at 862 INDIANA AVENUE, LEMOYNE, PA 17043. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by PlaintiWs attorney, who will file with the Prothonotary's Office an Affidavit of Service. BY T~H~ COURT: 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 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE Plaintiff, GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-486-CIVIL Defendant(s). 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 GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED is over 18 years of age and resides at, 726 INDIANA AVENUE, LEMOYNE, PA 19043. (c) that defendant UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED is over 18 years of age, and resides at, 862 INDIANA AVENUE, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 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 COUNTRYWIDE HOME LOANS, INC. Plaintiff, GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN HE/RS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-486-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-486 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(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 properly of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $232,738.86 L.L. $.50 Interest FROM 6/4/04 TO 9/8/04 (PER DIEM - $38.26) - $3,711.22 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $208.08 Other Costs Plaintiff Paid Date: JUNE 4, 2004 (Seal) CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN E. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RoC.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN/{EIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED No. 04-486-CML : Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $232,738.86 Interest from 6/4/04 to SEPTEMBER 8, 2004 (per diem -$38.26) $3,711.22 and Costs TOTAL $236,450.08 RMAN, 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 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 ALL THOSE CERTAIN PARCELS OF LAND DESCRIBED ~IN AS PARCEL NUMBER ! AND PARCEL NUMBER 2, SITUATED IN THE BOROUGi] OF LEMOYNE (FORMERLY EAST PENNSBORO TOWNSHIP), COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS. PARCEL NUMBER !: ON THE NORTH BY INDIANA AVENUE; ON THE EAST BY LOT NUMBER l0 ON HEREINAFTER MENTIONED PLAN OF LOTS; ON THE SOUTH BY LOTS NUMBERS 40 AND 41 ON THE HEREINAI~i'ER MENTIONED PLAN OF LOTS; AND ON THE WEST BY NINTH STREET (FORMERLY WASHINGTON AVENUE), CONTAINING ONE HUNDRED TH1RTY AND NINE-TENTHS (1~0o9) FEET IN FRONY ON INDIANA AVENUE AND EXTENDING 11~ DEPTH ALONG THE EASTERN BOUNDARY ONE HUNDRED THIRTY (130) FEET AND ALONG THE WESTERN ROUNDARY OF NINTH STREET AND ONE HUNDRED THIRTY-SIX (136) FEET TO THE AFORESAID LOTS NUMBERS 40 AND 41, AND BEING LOTS NUMBERS g AND 9 ON THE PLAN OF LOTS OUT BY ART].HgR R. RUPLEY AND KNOWN AS WASHINGTON HFAGitTS PLAN OF LOTS. SAID PLAN 1S RECORDED IN THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY I~ PLAN BOOK 1, PAGE 24. PARCEL NUMBER 2: BOUNDED ON THE NORTH BY INDIANA AVENUE; ON THE EAST BY LAND OF ANDREW MUSSER AND MARIAN D. MUSSER~ HIS WIFE~ ON THE SOUTH BY LOT NUMBER 39 ON THE HER~INAI~FER MENTIONED PLAN OF LOTS; ON THE WEST BY LOT NUMBER 9 ON SAID PLAN, CONTAINING TWENTY-FIVE (25) FEET IN FRONT ON ~NDIANA AVENUE AND EXTENDING IN DEPTH ONE HUNDRED THIRTY (130) FEET TO SAID LOT NUMBER 39, AND BEING THE WE.STERN ONE-HALF OF LOT NUMBER 10 ON PLAN OF LOTS LAID OUT BY ARTHUR IL RUPLEY AND KNOWN AS WASHINGTON HEIGHTS PLAN OF LOTS. SAID PLANM BEING RECORDED IN THE RECORDER OF DEEDS OFFICE IN AND FOR CUMBERLAND COUNTY IN PLAN BOOK !, PAGE 24. Ves~l by: De~d dated 1-2-53, given by Laverne A. Otto aad Ethel M. Otto, bis wife t~ Glena IL Enck and Agnes J. Enck, his wife recordo:l 1-2-~3 in fl~ok'. ISE Page 301 COUNTRYWIDE HOME LOANS, INC. : Plaintiff, : GLEN ENCK, HEIR OF AGNES J. ENCK, : DECEASED : UNKNOWN tlEIRS, SUCCESSORS, ASSIGNS, : AND ALL PERSONS, FIRMS, OR : ASSOCIATIONS CLAIMING RIGHT, TITLE, OR : INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DMSION NO. 04-486-CML AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., Plaintiffin 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, 862 INDIANA AVENUE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GLEN ENCK, HEIR OF AGNES J. ENCK, 726 INDIANA AVENUE DECEASED LEMOYNE, PA 19043 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED 862 INDIANA AVENUE LEMOYNE, PA 17043 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: 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: Sanle 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: Salne Last Known Address (if address camaot 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. Salne Last Known Address (if address cannot be reasonably ascertained, please indicate) INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER THIRTEENTH FLOOR SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY 6TM FLOORs STRAWBERRY SQUARE DEPT. #280601 HARRISBURg, PA 17128 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 862 INDIANA AVENUE LEMOYNE, PA 17043 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. June 3, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED Defendant(s). CUMBERLAND COUNTY No. 04-486-CML June 3, 2004 TO: GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED 726 INDIANA AVENUE LEMOYNE, PA 19043 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED 862 INDIANA AVENUE LEMOYNE, PA 17043 **THIS FIRM IS `4 DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT `4 DEBT, BUT ONLY ENFORCEMENT 0F,4 LIEN A G,4INST PROPERTY. ** Your house (real estate) at, 862 INDIANA AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriff's 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 $232,738.86 obtained by COUNTRYWIDE HOME LOANS, 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 OV~NER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your 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 Shefiffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the fight to remain in the property until the full amount due is paid to the Sheriff and the 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 wkich was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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. 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 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) 249o3166 (800) 990-9108 ALL THOSE CERTAIN PARCELS OF LA~D DESCRIBED HEREIN AS PARCEL NUMBER 1 AND PARCEL NUMI~ER 2, SITUATED IN THE BOROUGH OF LEMOYNE (FORMERLY EAST PENNSBORO TOWNSHII~ COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS. PARCEL NUMBER 1: ON THE NORTH BY INDIANA AVENUE; ON THE EAST BY LOT NUMBER 10 ON HEREINAFTER MENTIONED PLAN OF LOTS; ON THE SOUTH BY LOTS NUMBERS 40 AND 41 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; AND ON THE WEST BY NINTH STREET (FORMERLY WASHINGTON AVENUE), CONTAINING ONE HUNDRED THIRTY AND NINE-TENTH,.q (130.9) FEET IN FRONY ON INDIANA AVENUE AND EXTENDING iN DEI~TH ALONG THE EASTERN BOUNDARY ONE HUNDRED THIRTY 030) PEET AND ALONG THE WESTERN ]gOUNDARY OF NINTH STREET AND ONE HUNDRED TIHRTY..S[X (136) FEET TO THE AFORESAID LOTS NUMBERS 40 ANO 41, AND BEING LOTS NUMBERS 8 AND 9 ON THE PLAN OF LOTS Ol.rI' BY ARTHUR R. RUPLEY AND KNOWN AS WASHINGTON HEIGHTS PLAN OF LOTS. SAID PLAN IS HECOKDED 1N THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 24. PARCEL NUMBER 2: BOUNDED ON THE NORTH BY INDIANA AVENUE; ON THE EAST BY LAND OF ANDREW MUSSER AND MARIAN D. MUSSF_~R, HIS WIFE; ON THE SOUTH BY LOT NUMBER .t9 ON THE HEREINA~'FER MENTIONED PLAN OF LOTS; ON THE WEST BY LOT NUMBER 9 ON SAID PLAN, CONTAINING TWENTY-FIVE (25) FEET IN FRONT ON/NDIANA AVENUE AND EXTENDING IN DEPTH ONE I/L~DRED THIRTY (130) FEET TO SAID LOT NUMBER 39, AND BEING THE WESTERN ONE-HALF OF LOT NUMBER 10 ON PLAN OF LOTS LAID OUT BY ARTHU~ R. RIJPLEY AND KNOWN AS WASHINGTON HEIGHTS PLAN OF LOTS. SAID PLANM BEING RECORDED IN THE RECORDER OF DEEDS OFFICE IN AND FOR CUMBERLAND COUNTY IN PLAN BOOK I, PAGE 24. Vostod by: Deed datod 1-2-S~, 8ivc~ by Lnverne A. Otto and Ethel M. Otto, his wife to Glenn R. Enck nad Agues J. Eaek, his wife recorde~d 1-~-S3/n Book: ISE Page 301 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. VS. GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 04-486-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS~ INC. hereby verify that on June 4~ 2004 tree and correct copies of the Notice of SheriWs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: August 19, 2004 FRANK FEDEPdVIAN, ESQUIRE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziealer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 8th day of Sept A.D., 2004, under and by virtue of a writ Execution issued on the 4th day of June, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 486, at the suit of Countrywide Home Loan Inc against Glen Enck heir of A~nes J Enck deceased is duly recorded in Sheriff's Deed Book No. 265, Page 2342. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this .~ O day of J~p.k_ ~ A.D2004 CX~ Countrywide Home Loans Inc. VS Glen Enck, Heir of Agnes J. Enck, Deceased, et al. In The Court of Conmaon Pleas of Cumberland County, Pennsylvania Writ No. 2004-486 Civil Tern~ Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2004 at 8:20 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Glen Enck, Heir of Agnes 3/. Enck, deceased, by making known unto Glen Enck, personally, at 726 Indiana Ave., Lemoyne, Cumberland County, Pennsylvania, its contents mid at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2004 at 8:20 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Unknown Heirs, Successors, Assigns, and all Persons, Finns, or Associations Claiming Right, Title, or Interest From or Under Agnes J. Enck, deceased, by making known unto Glen Enck, personally, at 726 Indiana Ave., Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2004 at 8:30 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 Glen Enck, Heir of Agnes J. Enck, deceased and Unknown Heirs, Successors, Assigns, and all Persons, Finns, or Associations Claiming Right, Title, or Interest From or Under Agnes J. Enck, deceased, located 862 Indiana Ave., Lemoyne, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Glen Enck, Heir of Agnes J. Enck, deceased, by regular mail to his last known address of 726 Indiana Ave,, Lemoyne, PA 17025. This letter was mailed under the date of July 14, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendants, to wit: Unknown Heirs, Successors, Assigns, and all Persons, Finns, or Associations Claiming Right, Title, or Interest From or Under Agnes J. Enck, deceased, deceased, by regular mail to their last known address of 862 Indiana Ave., Lemoyne, PA 17025. This letter was mailed under the date of July 14, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at pubhc venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 08, 2004 at 10:00 o'clock A.M. He sold the same for the sum orS1.00 to Attorney Frank Federman for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $960.18. Sheriffs Costs: Docketing $30.00 Poundage 18.83 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 11.10 Levy 15.00 Surcharge 40.00 Law Journal 349.10 Patriot News 328.66 Share of Bills 30.49 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $ 960.18 Sworn and subscribed to before me So Answers: T his,]]' ~ day of ~e~2~.~ ~~~ R: Thorcas Kline, Sheriff 2004, A.~. C~, 0 ~,~ ~ , ~. ~ ~ro~onot~ BY Real Estat~eputy COUNTRYWIDE HOME LOANS, INC. Plaintiff, GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-486-C1V/L AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, 1NC.. Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praeeipe for the Writ of Execution was filed the following information concerning thc real property located at, 862 INDIANA AVENUE, LEMOYNE, PA 17043. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GLEN ENCK, HEIR OF AGNES J. ENCK, 726 INDIANA AVENUE DECEASED LEMOYNE, PA 19043 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED 862 INDIANA AVENUE LEMOYNE, PA ! 7043 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: Name Last Known Address (if ad&ess cannot be reasonably ascertained, please indicate) None 4. Name and ad&ess of last recorded holder of every mortgage of record: NalTle Last Known Ad&ess (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 Ad&ess (ifad&ess cannot be reasonably ascertained, please indicate) None 6. Name and ad&ess 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) INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER THIRTEENTH FLOOR SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDMDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY 6TM FLOOR, STRAWBERRY SQUARE DEPT. #280601 HARRISBURG, PA 17128 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: ~ame Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 862 INDIANA AVENUE LEMOYNE, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworu falsification to authorities. June 3, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COU~TRYV~DE BOME LOA~S, I~C. Plaintiff, GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED Defendant(s). CUMBERLAND COUNTY No. 04-486-CIVIL June 3, 2004 TO: GLEN ENCK, HEIR OF AGNES J. ENCIC, DECEASED 726 INDIANA AVENUE LEMOYNE, PA 19043 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED 862/NDIANA AVENUE LEMOYNE, PA 17043 **THIS FIRM IS ,4 DEBT COLLECTOR ATTEMPTING TO COLLECT,4 DEBT AND ANY INFORM-4 TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA lIE PREVIOUSLY RECEIVED A DISCH'4RGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN,4TTEMPT TO COLLECTA DEBI~ BUT ONLYENFORCEMENT OFA LIENAG,41NSTPROPERTY. ** Your house (real estate) at, 862 INDIANA AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriff's 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 $232,738.86 obtained by COUNTRYWIDE HOME LOANS, 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 asse~t your fights. The sooner you contact one, the mom 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 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 w/Il be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 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 ALL THOSE CERTAIN PARCELS OF LAND DESCRIBED HEREIN AS PARCEL NUMBER 1 AND PARCEL NUMBER 2, SfI'UATED IN THE BOROUGH OF LEMOYNE (FORMERLY EAS'I' PENNSBORO TOWNSHIP), COUNTY OF CUMBERLAIVD AND STATE OF PENNSYLVANIA, BOUNDED AND DESCR/BED AS FOLLOWS, PARCEL NUMBER !: ON THE NORTH BY INDIANA AVENUE; ON THE EAS'r BY LOT NUMBER 19 ON HEREINAI,-i:I~R MENTIONED PLKN OF LOTS; ON THE SOUTH BY LOTS NUMBERS 40 AND 41 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; AND ON THE WEST BY NINTH S'fI~ET (FORMERLY WASHINGTON AVENUE), CONTAINING ONE HUNDRED THIRTY AND NINE-TENTHS (L30.9) FEET IN FRONY ON INDL~NA AVENUE AND EXTENDING IN DEPTH ALONG THE EASTERN BOUNDARY ONE HUNDRED THIRTY (130) FEET AND .~LONG THE WESTERN BOUNDARY OF NINTH STREET AND ONE HUNDRED THIRTY-SIX (136) FEET TO THE AFORESAID LOTS NUMBERS 40 AND 41, AND BEING LOTS NUMBIKI~ 8 AND 9 ON THE PLAN OF LOT~ OUT BY ARTHUR IL RUPLEY AND KNOWN AS WASHINGTON HEIGHTS PLAN OF LOTS. SAID Pl.,AN IS RECORDED IN THE RECORDER'$ OFFICE IN AND FOR CUMBERLAND COUNTY IN PLAN BOOK i, PAGE 24. PARCEL NUMBER 2: BOUNDED ON THE NORTH BY INDIANA AVENUE; ON TH~ EAST BY LAND OF ANDREW MUSSER AND MARIAN' D. MUSSER, HIS WIFE; ON THE SOUTH BY LOT NUMBER .~9 ON THE HEREINAFTER MENTIONED PLAN OF LOTS~ ON THE WEST BY LOT NUMBER 9 ON SAID PLAN, CONTAINING TWENTY.FIVE (25) FEET iN FRONT ON I~VD[ANA AVENUE AND EXTENDING IN DEPTH ONE Ht~DRED THIRTY (1~0) FEET TO SAID LOT NUMBER .39, AND BEING THE WESTERN ONE-HALF OF LOT NUMBER 10 ON PLAN O]t LOTS LAID OUT BY ART1COR IL RUPLEY AND KNOWN AS WASHINGTON HEIGHTS PLAN OF LOTS. SAID PLAHM BEING RECORDED IN THE RECORDER OF DEEDS OFF/CE IN AND FOR CUMBERLAND COUNTY 1N PLAN BOOK PAGE Vested by: Deed dated 1-2-53, given by Laverne A. Otto and Ethel M. 0~o, hi~ wife to Glenn IL Enck and Agnes J. Enck, hi~ wife recorded 1-2=53 ~ Book: 1SE Pnge 301 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PEN~ISYLVANi~) NO 04-486 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From GLEN ENCK, HEIR OF AGNES J. ENCK, DECEASED UNKNOS,VN HEIRS, SUCCESSORS, ASSIGNS, AN]) ALL PERSONS, FIR/~S, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER AGNES J. ENCK, DECEASED (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify Nm/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $232,738.86 L.L. $.50 Interest FROM 6/4/04 TO 9/8/04 (PER DIEM - $38.26) - $3,711.22 AND COSTS Atty's Conm~ % Due Prothy $1.00 Atty Paid $208.08 Other Costs Plaintiff Paid Date: JUNE 4, 2004 (Seal) CURTIS R. LONG Prothonotary REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JO/IN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLA/NTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Deputy Real Estate Sale #41 On June 15, 2004 the sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 862 Indiana Ave., Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 15, 2004 Real Esta~ Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Permsylvaula, County 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 oft he Commonwealth of Pennsylvaula, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Danphin, State of Parmsylvania, 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 Pa~ot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously pubhshed ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th day(s) of Augnst 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the t/me, place and character of publication are tree; 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", Volume 14, Page 317. PUBLICATION COPY SALE#41 Sworn to and su~2~ 's 23rd day o ~ugus A.D. Member, panmylvaaiaAssocl~ion exp~es J~e 6, 2006 C~E~ CO~TY S~FS OFFICE ~BE~ CO~ CO~THOUSE C~ISLE, PA. 17013 Statement of Advertising Costs To THE PAT~OT-NEWS CO. For publis~g ~e notice or publication a~ched hereto on ~e above stated ~tes 328.66 Publisher's Receipt for Advertising Cost The Pa~xint 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. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P, L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication am true. ~ F-~TATE ~kLE NO. 41 Writ No. 2004-486 Civil Court--de Home Loans, lnc, VS. Glenn Enck, Heir of Agnes J. Enck, deceased and Unknown Heirs. Successors, Assigns, and all Persons, F~rma, or Associations Claiming Right. Title. or Interest From or Under Agnes J. Enck, deceased Atty.: Frank Federman ALL THO~B CERTAIN parcels of land described herein as Parcel Number I and Parcel Number 2, situated in the Borough of Lemoyne (formerly East Peraqsbore Township], County of Cumberland and State of Pennsylvania, bounded and de- scribed as follows. PARCEL NUMBER 1: on the North by Indiana Avenue; on the East by Lot Number 10 on herein- _aft~r..nl~_~xff Lam: or~,the ! L'lj~a Marie Coyne, ~ditor SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004_ LOIS £. SNYDER, Notary Public Carlisle Boro, Cumberland ColJnty My Commission Expires March 5, 2005