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HomeMy WebLinkAbout04-4915F, EDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ, Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, [:,SQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff JEFFREY J. NOPHSKER 1249 ROSSMOYNE ROAD MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant 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 attomey 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. 1F 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 98985 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 THlS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, 1F 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 WAlT 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#: 98985 Plaintiffis MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: JEFFREY J. NOPHSKER 1249 ROSSMOYNE ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/30/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GATEWAY FUND1NG DIVERSIFIED MORTGAGE SERVICES which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1379, Page: 88. By Assignment of Mortgage recorded 12/12/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 662, Page 260. 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 05/01/2004 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 #: 98985 6.. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2004 through 09/29/2004 (Per Diem $13.51) Attorney's Fees Cumulative Late Charges 04/30/t 997 to 09/29/2004 Cost of Suit and Title Search Subtotal $65,744.03 2,458.82 1,225.00 101.80 $ 550.00 $ 70,079.65 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 70,079.65 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 70,079.65, together with interest from 09/29/2004 at the rate of $13.51 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. FEDERIVlIAN AND PH. ELANI LLP FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 98985 LEGAL DESCRIPTION THENCE by the northern right-of-way line of Rossmoyne Road North 48 degrees 14 minutes 28 seconds West 156.87 feet to an iron pin at a buried iron pipe; thence by line of land now or formerly of Floyd G. Kautz North 55 degrees 00 minutes 23 seconds East 154.51 feet to an iron pin over a buried iron pin; thence by line of land now or formerly of Richard E. Hammon and land now or formerly of Thomas O. Williams South 34 degrees 41 minutes 22 seconds East 156.94 feet to an iron pin; thence by land now or formerly of Thomas O. Williams South 57 degrees 04 minutes 10 seconds West 117.80 feet to an iron pin, the place of beginning. CONTAINING 21,036 square feet and having thereon erected a 1 1/2 story brick dwelling and a frame shed known and numbered as 1249 Rossmoyne Road. The above description is made pursuant to a boundary survey performed by ACT ONE Consultants, Inc., dated April 24, 1997. A copy of the Plat of said survey is attached to this instrument and is intended to be recorded as part of this instrument. File#: 98985 VERIFICATION FRANCIS S. HALL1NAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsifications to authorities. Francis S. Hallinan, E§quire Attorney for Plaintiff Federman Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. VS. Jeffrey J. Nophsker Attomey for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 04-4915-civil MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Federman Phelan, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s), Jeffrey J. Nophsker by first class mail and certified mail to the last known address and mortgaged premises, located at 1249 Rossmoyne Road, Mechanicsburg, PA 17055, and in support thereof avers the following: 1. Attempts to serve Defendant(s), Jeffrey J. Nophsker with the Complaint have been unsuccessful. The Sheriff attempted to serve the defendant at the mortgage premises located at 1249 Rossmoyne Road, Mechanicsburg, PA 17055 and no service was made, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by defendant as of December 2, 2004 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Federman Phelan, LLP Attomey for Plaintiff Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: December 2, 2004 Federman Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. VS. Jeffrey J. Nophsker Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 04-4915-civil MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter reg/strat/on records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Retum of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Federman Phelan, LLP Attorney for Plaintiff By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: December 2, 2004 SHERIFF'S RETURN - NOT SERVED EASE N~: 2604-04915 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS NOPHSKER JEFPREY J R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: NOPHSKER JEFFREY J unable to locate Him COMPLAINT - MORT FORE in his bailiwick. but was He therefore returns the the within named DEFENDANT NOT SERVED , as to , NOPHSKER JEFFREY J 1249 ROSSMOYNE ROAD MECHANICSBURG, PA 17055 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 18.00 Service 22.20 Affidavit .00 Surcharge 10.00 .00 50.20 So answers .3_~{.~ R. Thomas Klin=6~ Sheriff of Cumberland County FEDERMAN & PHELAN 10/28/2004 Sworn and subscribed to before me this day of A.D. Prothonotary ~l~l)efatllt Express Service~, In~:. 13000 Route 73 S~ite 107 Fot~r Greentree Center Marlton, NJ 08053 Phone: 856~85~340 Fax: 856~85~342 info~defa(~lte x~re~.com File # Firm Subject: Current Address Property Address f4ailing Address: 186 Federman & Phelan Jeffrey ]. Nophsker 1249 Rossmoyne Rd. Mechanicsburg, PA 17055 1249 Rossmoyne Rd. Mechanicsburg, PA 17055 1249 Rossmoyne Rd. Mechanicsburg, PA 17055 ! Steven M. Ruffo, being duly sworn according to law, do hereby depose and state as follows, ! have conducted an investigation into the whereabouts of the above noted individual(s) 11/22/04 and have discovered the following I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Jeffrey J. Nophsker - 040-68-9210 B. EMPLOYMENT SEARCH Jeffrey J. Nophsker - Our Office was unable to verify the employment information on the credit report. C. INQUIRY OF CREDITORS On 11/22/04 our inquiry with the creditors indicate that Jeffrey 3. Nophsker reside(s) at 1249 Rossmoyne Rd. f4echanicsburg, PA 17055 II. INQUIRY OF TELEPHONE COMPANY A.DIRECTORY ASSISTANCE SEARCH On 11/22/04 our inquiry with the Directory Assistance indicated that Jeffrey J. Nophsker reside(s) at 1249 Rossmoyne Rd. Mechanicsburg, PA 17055 717-691- 6652. Our office made a telephone call to the mortgagor number and got No Response. III. INQUIRY OF NEIGHBORS Using our Whitepages database we contactedHargaret Wilson residing at 1253 Rossmoyne Rd. on 11/22/04 would not confirm/deny that Jeffrey J. Nophsker reside at 1249 Rossmoyne Rd. Hechanicsburg, PA 17055. IV. INQUIRY OF POSTOFFICE A. NATIONAL ADDRESS UPDATE Our inquiry with National Address database on 11/22/04 indicates the following is correct Jeffrey J. Nophsker - 1249 Rossmoyne Rd. Hechanicsburg, PA 17055 B. ADDITIONAL ACTIVE MAILING ADDRESS Our investigation could not find Another active mailing address V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of motor vehicle Jeffrey J. Nophsker has a valid identification registered with the state. VI, OTHER INQUIRIES A. DEATH RECORDS As of 11/22/O4 Vital records has no death records on file for 3effrey 3. Nophsker B. PUBLIC LISCENSES (PILOT, REAL ESTATE ETC.) Our investigation could not find Public licenses/records for the mortgagor C. COUNTY VOTER REGISTRATION The Cumberland Cnty voter registration would only indicate a registration for 3effrey 3. Nophsker D, INTERNET All accessible public databases have been checked and cross-referenced for the above named individual(s), E, TAX ASSESSMENT OFFICE On 11/22/O4 our office conducted a search of the following tax records which showed the following: See Attached VII. ADDITIONAL INFORMATION OF SUBJECT A, DATE OF BIRTH 3effrey 3. Nophsker - 2/17/70 B. A,K.A 3effrey 3. Nophsker - none The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities I hereby verify that the statemants made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. Default Express Services, INC. President Sworn to and subscribed before me this 22th day of Nov 2004 NOT,A~UBLIC ~, NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey My Commision Expires Mar.21, 2007 Defaul! Exp;ess Services, 13000 Route }'3 S[;ite 107 Fotlr Gree~itree Center Marltott, NJ 08053 Pholte: 856-985-3340 Fax: 856-985~3342 i,~fo~d era ti Ite x pr ess. co VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are tree and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Date: December 2, 2004 Respectfully submitted, Federman Phelan, LLP Attorney for Plaintiff Francis S. Hallinan, Esquire FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., ID. NO. 32227 FRANCIS S. HALLINAN, ESQ., ID. NO. 62695 DANIEL G. SCHMIEG, ESQ., ID. NO. 62205 THOMAS M. FEDERMAN, ESQ., ID. NO. 64068 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. JEFFREY J. NOPHSKER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 04-4915 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FEDERMAN PHELAN, LLP F~V, ANCIS S. ItALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE THOMAS M. FEDERMAN, ESQUIRE Attorneys for Plaintiff Date: December 2, 2004 /mxp, Svc Dept. File# 98985 By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Vs. Jeffrey J. Nophsker Attorney for Plaintiff COURT OF COMMON PLEAS CIV1L DIVISION Cumberland COUNTY NO. 04-4915-civil CERTIFICATION OF SERVICE I, Francis S. Hallinan, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed, below. Jeffrey J. Nophsker at: 1249 Rossmoyne Road Mechanicsburg, PA 17055 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification to authorities. Date: December 2, 2004 Respectfully submitted, Federrnan Phelan, ELP Attom,,,e, ~,}for Plain tiff ,_ By:_/~l,,a~--:~ '..>. Francis S. Hallinan, Esquire FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., ID. NO. 32227 FRANCIS S. HALLINAN, ESQ., ID. NO. 62695 DANIEL G. SCHMIEG, ESQ., ID. NO. 62205 THOMAS M. FEDERMAN, ESQ., ID. NO. 64068 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. JEFFREY J. NOPHSKER Defendants ATTORNEY FOR PLAINTIFF COURT OF' COMMON PLEAS CIVIL DIVISION : : CUMBERLAND County No. 04-4915 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosm'e with reference to the above captioned matter. FEDERMAN PHELAN, LLP F~tNCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE THOMAS M. FEDERMAN, ESQUIRE Attomeys for Plaintiff Date: December 2, 2004 /mxp, Svc Dept. File//98985 IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. VS. Jeffrey J. Nophsker AND NOW, this ORDER COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 04-4915-civil /df'~ dayof ~)P-. fo~ r~ ~ ~/~, 2004, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant(s), Jeffrey J. Nophsker, by: 1. First class mail to Jeffrey J. Nophsker at the last known address, and the mortgaged premises located at 1249 Rossmoyne Road, Mechanicsburg, PA 17055; and 2. Certified mail to Jeffrey J. Nophsker at the last known address and the mortgaged premises located at 1249 Rossmosme Road, Mechanicsburg, PA 17055' ~ Federman Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. VS. Jeffrey J. Nophsker Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 04-.4915-civil MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Federman Phelan, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s), Jeffrey J. Nophsker by first class mail and certified mail to the last known address and mortgaged premises, located at 1249 Rossmoyne Road, Mechanicsburg, PA 17055, and in support thereof avers the following: 1. Attempts to serve Defendant(s), Jeffrey J. Nophsker with the Complaint have been unsuccessful. The Sheriff attempted to serve the defendant at the mortgage premises located at 1249 Rossmoyne Road, Mechanicsburg, PA 17055 and no service was made, as indicated by the Sheriff's Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by defendant as of December 2, 2004 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Federman Phelan, LLP Attomey for Plaintiff By: ~~ ',~. Lawrence T. Phelma, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Fedem~an, Esquire Date: December 2, 2004 Federman Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. VS. Jeffrey J. Nophsker Attomey for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cmnberland COUNTY NC,. 04-4915-civil MEMORANDUM OF LAV~' Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polio, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests tlhis Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Federman Phelan, LLP Attomey for Plaintiff Lawrence T. Phelan, Esquire Francis S. Hallinan., Esquire Daniel G. Schmieg, Esquire Thomas M. Fedemaan, Esquire Date: December 2, 2004 Exhibit A SHERIFF'S RETURN - NOT SERVED CASE N~: 2604-04915 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS NOPHSKER JEFFREY J R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: NOPHSKER JEFFREY J unable to locate Him COMPLAINT - MORT FORE in his bailiwick. but was He therefore returns the the within named DEFENDANT NOT SERVED , as to , NOPHSKER JEFFREY J 1249 ROSSMOYNE ROAD MECHANICSBURG, PA 17055 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 22 20 00 10 00 00 '50 20 ~.~. .. ".,/ .. ,,~L ..... ~..,r~ ............ · R. Thomas Klir~~ Sheriff of Cumberland County FEDERMAN & PHELAN 10/28/2004 Sworn and subscribed to before me this day of A.D. Prothonotary r~ll~lllm'Defaul! Expres~ Services. In~:. 13000 Route 73 Suite 107 Four Greentree Center Marlton, NJ 08053 Phone: 856~85~340 Fax: 856~85~342 infold efa[~lte x I) re~.co m File # Firm Subject: Current Address Property Address Mailing Address: 186 Federman & Phelan 3effrey 3. Nophsker 1249 Rossmoyne Rd. Mechanicsburg, PA 17055 1249 Rossmoyne Rd. Mechanicsburg, PA 17055 1249 Rossmoyne Rd. Mechanicsburg, PA 17055 T Steven M. Ruffo, being duly sworn according to law~ do hereby depose and state as foilows~ T have conducted an investigation into the whereabouts of the above noted individual(s) :~1/22/04 and have discovered the following I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct: 3effrey 3. Nophsker - 040-68-9210 B. EMPLOYMENT SEARCH 3effrey 3. Nophsker - Our Office was unable to verify the employment information on the credit report. C. INQUIRY OF CREDITORS On 11/22/04 our inquiry with the creditors indicate that Jeffrey 3. Nophsker reside(s) at 1249 Rossmoyne Rd. Mechanicsburg~ PA 170S5 II. INQUIRY OF TELEPHONE COMPANY A,DIRECTORY ASSISTANCE SEARCH On 11/22/04 our inquiry with the Directory Assistance indicated that 3effrey .1. Nophsker reside(s) at 1249 Rossmoyne Rd. Mechanicsburg~ PA 170S5 717-691- 66S2. Our office made a telephone call to the mortgagor number and got No Response. III. INQUIRY OF NEIGHBORS Using our Whitepages database we contactedMargaret Wilson residing at 1253 Rossmoyne Rd. on 11/22/04 would not confirm/deny that Jeffrey 3. Nophsker reside at 1249 Rossmoyne Rd. Mechanicsburg~ PA 17055. IV. INQUIRY OF POSTOFFICE A, NATIONAL ADDRESS UPDATE Our inquiry with National Address database on 11/22/04 indicates the following is correct Jeffrey 3. Nophsker - 1249 Rossmoyne Rd. Mechanicsburg, PA 170SS B. ADDITIONAL ACTIVE MAILING ADDRESS Our investigation could not find Another active mailiing address V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of motor vehicle 3effrey 3. Nophsker has a valid identification registered with the state. VI. OTHER INQUIRIES A. DEATH RECORDS As of :[:L/22/04 Vital records has no death records on file for 3effrey 3. Nophsker B. PUBLIC LISCENSES (PILOT, REAL ESTATE ETC.) Our investigation could not find Public licenses/records for the mortgagor C. COUNTY VOTER REGISTRATION The Cumberland Cnty voter registration would only indiicate a registration for 3effrey 3. Nophsker D. INTERNET All accessible public databases have been checked and cross-referenced for the above named individual(s). E. TAX ASSESSMENT OFFICE On 11/22/04 our office conducted a search of the following tax records which showed the following: See Attached VII. ADDITIONAL INFORMATION OF SUB3ECT A. DATE OF BIRTH 3effrey 3. Nophsker- 2/17/70 B. A.K.A 3effrey 3. Nophsker - none The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities I hereby verify that the statemants made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. A iA~NT Steve~n M~.~~ o Default Express Services, INC. President Sworn to and subscribed before me this 22th day of Nov 2004 NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey My Commision Expires Mar.21, 2007 Default Express Services, Inc. 13000 Route 73 Suite 107 Four Greentree Center Marlton, NJ 080§3 Phone: 856-985-3340 Fax: 856-985-3342 i nfok;~d e fa u It e x p r ess. co m VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the Attomey for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are tree and correct to the best of his knowledge, information anti belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Date: December 2, 2004 Respectfully submitted, Federman Phe][an, LLP Attomey for Pltaintiff Francis S. Hallinan, Esquire PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (21 S/563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. JEFFREY J. NOPHSKER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CWIL DIVISION : CUMBERLAND COUNTY : NO. 04-4915 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAll, PIIR~IIANT TO COIIRT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, remm receipt requested, to the following persons, JEFFREY J. NOPItSKER at 1249 ROSSMOYNE ROAD, MECItANICSBURG, PA 17055 on DECEMBER 17, 2004, in accordance with the Order of Court dated DECEMBER 10, 1004. The undersigned understazads that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: December 17:2004 ~RANCIS S. H~kLLINAN, ESQUIRE Attorney fbr Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff Court of Common Pleas CUMBERLAND County No. 04-4915 CIVIL vs. JEFFREY J. NOPHSKER Defendant( s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. , ~-- ill "} I' f Date By: ~~ <D' Lawrence 1. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff (< {~,) .....-.. t,., ~;;., - SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-04915 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS NOPHSKER JEFFREY J R. Thomas Kline Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: NOPHSKER JEFFREY J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , NOPHSKER JEFFREY J 1249 ROSSMOYNE ROAD MECHANICSBURG, PA 17055 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 22.20 .00 10.00 .00 50.20 ,O~~;;:.. Sheriff of Cumberland County ~ FEDERMAN & PHELAN 10/28/2004 Sworn and subscribed to before me this 11::. day OfLL~ I J ;21-:5 A.D.. (--1'JO~,# Prothonotary