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HomeMy WebLinkAbout10-6234Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. MERLE C. KRAMEP,, JR DORA L. KRAMER 300 REDSHED ROAD NEWVILLE, PA 17241-9797 Defendants TAR CUM ERLA?-10 COUNTY i'= Ili `l+l Vi",i iA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - b9Z4 civil-Fer" CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE @-S 4 9a. oo PA ATP' C?` lo0go88 ?,? a?eg3o 251010 File #: 251010 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 251010 Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE, P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: MERLE C. KRAMER, JR DORA L. KRAMER 300 REDSHED ROAD NEWVILLE, PA 17241-9797 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/12/2008 MERLE C. KRAMER, JR and DORA L. KRAMER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SUNTRUST MORTGAGE, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200820728. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2010 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 #: 251010 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2010 through 09/28/2010 (Per Diem $41.9245) Attorney's Fees Late Charges through 09/28/2010 Property Inspections/Property Preservations Mortgage Insurance Premium / Private Mortgage Insurance Costs of Suit and Title Search Escrow Deficit TOTAL 7. 8. 9 $241,485.35 $10,061.88 $650.00 $543.20 $9.00 $293.97 $550.00 $2,395.54 $255,988.94 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 251010 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $255,988.94, together with interest from 09/28/2010 at the rate of $41.9245 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. P ELAN HALLINAN & SCHMIEG, LLP r By: A Lawrence T. Phelan, sq., Id. No. 32227 ? Fr cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 251010 LEGAL DESCRIPTION ALL THAT CERTAIN unimproved tract of land situate in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to a Final Subdivision Plan for Larry E. Foote, Sr. and H. David Miller, Jr., as recorded in Cumberland County Plan Book 73, Page 147, as follows: BEGINNING at a point within the right-of-way of the Newville Road, SR-0533, at corner of Lot No. 31 as shown on the above described Subdivision Plan; thence within the said Newville Road, South 32 degrees 42 minutes 43 seconds West, 67.23 feet to a point in said road; thence continuing within the right-of-way of Township Road T-305, South 56 degrees 45 minutes 00 seconds West, 306 feet to a point in line of land now or formerly of Leroy E. Showaker; thence by said land, North 36 degrees 30 minutes 00 seconds West, 600.97 feet to a concrete monument in line of said land at corner of Lot No. 33 as shown on the above described Subdivision Plan; thence by said Lot No. 33, North 56 degrees 45 minutes 00 seconds East, 212.33 feet to a point at corner of Lot No. 31 as shown on the above described Subdivision Plan; thence by said Lot No. 31, South 51 degrees 31 minutes 43 seconds East, 603.04 feet to a point in the right-of-way line of the Newville Road, SR-05333, the point and place of BEGINNING. CONTAINING 4.03 gross acres and being designated Lot No. 32, as shown on the above described Subdivision Plan. BEING a portion of the same premises which Metro Lifestyle Ministries, Inc., et al., by their Deed dated September 27, 1989, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 'E', Volume 34, Page 732, granted and conveyed unto Larry File #: 251010 E. Foote, Sr. and H. David Miller, Jr., two of the grantors herein. See Agreement of Sale dated June 19, 1997 and recorded in Cumberland County Miscellaneous Book 550, Page 640. UNDER AND SUBJECT, NEVERTHELESS, to the following Building and Use Restrictions, which shall be binding on the within-described tract of land and on all land of the grantors fronting on Nealy Road or Newville Road, SR-0533, but shall not be deemed binding on other land of the grantors, with which building and use restrictions the within grantees, their heirs and assigns, by the acceptance of this deed, agree to comply: 1. No more than one single family dwelling house, together with garage and accessory structures, shall be erected on any lot fronting on Nealy Road or Route 533 2. No building on said lot and no building hereafter erected thereon shall be erected as or for, or used or occupied as or for, any purpose other than that of a single family private dwelling house. No lots or buildings structures shall be used for business, commercial, or manufacturing purposes. PROPERTY ADDRESS: 300 REDSHED ROAD, NEWVILLE, PA 17241-9797 PARCEL # 30-09-0513-050 File #: 251010 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attomeyyor Plaintiff DATE: File #: 251010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOr ~4~~Stitt~ Ot ~dIInGPr,!yf~Q ~ .i '~ ~,FF,cFO~ ~~ $NERIFF 6 IL~~T ~3~ ~=1~ 'l;l,~i ~~~ ~t ~~~117ti.,~3t~ ~ g~. ~~ _ ~~ *.` 1 ~ x,91 l~ Suntrust Mortgage, Inc. vs. Merle C. Kramer, Jr. (et al.) Case Number 2010-6234 SHER{FF'S RETURN OF SERVICE 09/30/2010 09:22 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2010 at 2122 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Doral L. Kramer, by making known unto herself personally, at 932 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. z /J NOA CLINE, DEPUTY 10/01/2010 11:50 AM -William Cline, Corporal, who being duly sworn according to law, states that on October 1, 201C at 1150 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Merle C. Kramer Jr., by making known unto himself personally, at 300 Red Shed Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. LIAM CLINE, DEPUTY 10/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Doral L. Kramer, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Doral L. Kramer. Request for service at 300 Red Shed Road, Newville, PA 17241 the defendant was not found. Doral L. Kramer currently resides at 932 Rockledge Drive, Carlisle, PA 17013. SHERIFF COST: $81.20 October 05, 2010 SO ANSWERS, J RON R ANDERSON, SHERIFF rcj CountySuite Shenff. TeleosofL. Inc. p ' 3 J _ -('�1 j nL 4" PRO T HONG IAk`, 2013 OCT -9 AM 9: 53 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP BY: COURTENAY R. DUNN, ESQUIRE Identification No. 206779 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Courtenay.dunn@phelanhallinan.com (215) 563-7000 Suntrust Mortgage, Inc. • Court of Common Pleas 1001 Semmes Avenue • Civil Division • P.O. Box 27767 Richmond, VA 23224-7767 : Cumberland County Plaintiff • No.: 10-6234 Civil Term • • v. • • Merle C. Kramer, Jr. • Dora L. Kramer • 300 Redshed Road • Newville, PA 17241-9797 • Defendants STATEMENT OF INTENTION TO PROCEED TO THE COURT: The above-referenced foreclosure action was protected by the automatic stay provisions of the Defendant Merle C. Kramer, Jr. Chapter 13 Bankruptcy filed on October 27, 2010 at Docket No. 1:10-08767 in the Middle District of Pennsylvania. Plaintiff intends to proceed with its above foreclosure action should the Defendant's Bankruptcy be dismissed or Plaintiff receives relief from the automatic stay. DATE: ©(e BY: Courtenay R. Dunn, Esquire Attorney for Plaintiff #744844 F PHELAN HALLINAN, LLP BY: COURTENAY R. DUNN, ESQUIRE Identification No. 206779 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Courtenay.dunn @phelanhallinan.com (215) 563-7000 Suntrust Mortgage, Inc. • Court of Common Pleas 1001 Semmes Avenue • Civil Division P.O. Box 27767 Richmond, VA 23224-7767 • Cumberland County Plaintiff : No.: 10-6234 Civil Term • • v. • • Merle C. Kramer, Jr. • Dora L. Kramer • 300 Redshed Road • Newville, PA 17241-9797 • Defendants CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Statement of Intention to Proceed was served by regular mail to the following on the date listed below: Merle C. Kramer, Jr. Dora L. Kramer 300 Redshed Road Newville, PA 17241-9797 DATE: 10�g �-� BY: Courtenay R. Dunn, Esquire Attorney for Plaintiff #744844 I V_ !:F THE PROTHO O7iAti '�' 2114 FEB -7 PM 2: 50 .UMBERLAND-COUIN T`r' SUNTRUST MORTGAGE, INC., : IN TI RNMTiAX1 JNOMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10 - 6234 Civil Term MERLE C. KRAMER, JR. and DORA L. KRAMER, Defendants ANSWER TO PLAINTIFF'S COMPLAINT AND NOW COMES, Dora L. Kramer, Defendant in the above-captioned matter, and hereby answers the complaint filed in the above-captioned matter: 1. Admitted. 2. Admitted. 3. Defendant does not have a copy of the mortgage at this time,and she has no verification that the information in this paragraph is true, correct, and accurate. Strict proof is demanded at trial. 4. Defendant does not have a copy of the mortgage at this time, and she has no verification that the information in this paragraph is,true, correct, and accurate. Strict proof is demanded at trial. 5. Defendant does not have a copy of the account,proof of the payments made, or the note; and she has no verification that the inform,ation,in this paragraph is true, correct, and accurate. Strict proof is demanded at trial. 6. Defendant has no way of verifying proof that the amounts due and owing, are correct, and she has no verification that the information in this paragraph is true, correct, and accurate. Strict proof is demanded at trial. 7. It is admitted based on Plaintiff's representation that Plaintiff is not seeking a judgment of personal liability, based on Plaintiff's representations. w 1 x� 8. Defendant has no knowledge of the cited law applicable.. 9. Defendant has no knowledge of the cited law applicable.. ` Signed, sc� , Dora L. Kramer,,Defendant• 932 Rockledge Dr. Carlisle, Pa 17013 Date: ,41 PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire Identification No. 91656 126 Locust Street Harrisburg, PA 17101 Joseph. Schalk@phelanhallinan 215-563-7000 x 7365 Suntrust Mortgage, Inc. 1001 Semmes Ave P.O Box 27767 Richmond, VA 23224 vs. Merle C. Kramer, Jr. Dora L. Kramer 300 Redshed Road Newville, PA 17241 ;E. PRO THON6TA 1.1 2inti JUN 9 API IQ: O& CUMBERLAND COUNTY' PENNS YLVAIVIA .com Attorney for Plaintiff : CUMBERLAND COUNTY • COURT OF COMMON PLEAS • • CIVIL DIVISION : No. 10 -6234 -CIVIL TERM • PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MERLE C. 'CRAMER, JR, Defendant for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: Damages to be Assessed at a Later Date I hereby certify that (1) the Defendant's last known address is 300 REDSHED ROAD, NEWVILLE, PA 17241-9797, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date n Li DAMAGES ARE HEREBY ASSESSED AS INDIC 14 1g DATE: PH # 744844 Schalk, Esquire ir Plaintiff PROTHONOTARY GUA-1 416 567)ci #/qaflos 7X307(itij Nofrce Mail J PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire Identification No. 91656 126 Locust Street Harrisburg, PA 17101 Joseph.Schalk@phelanhallinan.com 215-563-7000 x 7365 Attorney for Plaintiff Suntrust Mortgage, Inc. : CUMBERLAND COUNTY 1001 Semmes Ave : COURT OF COMMON PLEAS P.O Box 27767 Richmond, VA 23224 : CIVIL DIVISION vs. : No. 10 -6234 -CIVIL TERM Merle C. Kramer, Jr. Dora L. Kramer 300 Redshed Road Newville, PA 17241 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant MERLE C. KRAMER, JR is over 18 years of age and last known address is at 300 REDSHED ROAD, NEWVILLE, PA 17241-9797. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date (r, 1 1(-1 el Jose Att llinan, LLP h P. Schalk, Esquire ey for Plaintiff Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 744844 Suntrust Mortgage, Inc. 1001 Semmes Ave P.O Box 27767 Richmond, VA 23224 vs. Merle C. Kramer, Jr. Dora L. Kramer 300 Redshed Road Newville, PA 17241 against you on (Rule of Civil Procedure No. 236) - Revised : CUMBERLAND COUNTY • • : COURT OF COMMON PLEAS : CIVIL DIVISION • : No. 10 -6234 -CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Joseph P. Schalk, Esquire Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 744844 ** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** 744844 r MERLE C. KRAMER, JR 300 REDSHED ROAD NEWVILLE, PA 17241-9797 FOLD HERE FOLD HERE 744844 Ronny R Anderson Sheriff Jody $ Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE SHERIFF Suntrust Mortgage, Inc. vs. Merle C. Kramer, Jr. (et al.) Case Number 2010-6234 SHERIFF'S RETURN OF SERVICE 09/30/2010 09:22 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2010 at 2122 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Doral L. Kramer, by making known unto herself personally, at 932 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. NOA CLINE, DEPUTY 10/01/2010 11:50 AM - William Cline, Corporal, who being duly sworn according to law, states that on October 1, 201C at 1150 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Merle C. Kramer Jr,, by making known unto himself personally, at 300 Red Shed Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. AM CLINE, DEPUTY 10/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Doral L. Kramer, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Doral L Kramer. Request for service at 300 Red Shed Road, NewAlle, PA 17241 the defendant was not found. Doral L. Kramer currently resides at 932 Rockledge Drive, Carlisle, PA 17013. SHERIFF COST: $81.20 SO ANSWERS, October 05, 2010 RON R ANDERSON, SHERIFF (Cl CounlySdie Sheriff. Teleosoft, GI 0 PH #744,844/1017 MERJ E C KRAMER, JR 300,REDSHED ROAD, NEWVILLE, PA 17241=9797 PIIli 74484:4; SUNTRUST MORTGAGE, INC. Plaintiff • MERLE C. KRAMER, JR DORA L. KRAMER Defendant(s) TO; MERLE C. KRAMER, JR. 300 REDSHED ROAD • NEWVILLE; PA 17241-9797 • DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 10 -6234 -CIVIL TERM CUMBERLAND COUNTY 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 'CA.NNOT. 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 744844 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Emily M,, Phelan, Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Department of Defense Manpower Data Center Results as of : Jun -18-2014 08:25:20 AM SCRA 3.0 Status Report Pursuant to Sery remembers Civil Relief Act. Last Name: TRUCKING First Name: MERLE Middle Name: K Active Duty Status As Of: Jun -18-2014 On Active Duty On Active Duty Status Date _ Active Duty Start Date Active Duty End Date Status Service Component NA NW No ' NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date This response reflects the Individuals'. active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual orhis/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center; based'on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOM, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 eal" The defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps. Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: CAH9BF6AJ036QB0