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HomeMy WebLinkAbout04-5681 " FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. tJ'I/J'ttf'/ ~ v. CUMBERLAND COUNTY JOHN H. KYLE THERESE M. KYLE 49 BAYBERRY DRIVE MECHANICSBURG, P A 17050 Defendants 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 LA WYER 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 101242 File#: 101242 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 LITJGA TION 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 A TTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I . Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN H. KYLE THERESE M. KYLE 49 BAYBERRY DRIVE MECHANICSBURG, P A 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/23/1994 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to DIRECTORS MORTGAGE LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1198, Page: 1141. Said mortgage was modified as set forth in the modification agreement recorded 3/22/01, in Mortgage Book No. 669, Page 1127.By Assignment of Mortgage recorded 2/1/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 684, Page 1690. 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 07/01/2004 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#: 101242 .6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2004 through 11/10/2004 (Per Diem $14.90) Attorney's Fees Cumulative Late Charges 02/28/1994 to 11/10/2004 Cost of Suit and Title Search Subtotal $71,344.29 2,428.70 1,250.00 87.60 $ 550.00 $ 75,660.59 Escrow Credit Deficit Subtotal - 78.18 0.00 $- 78.18 TOTAL $ 75,582.41 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 75,582.41, together with interest from 11/1 0/2004 at the rate of $14.90 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. ~ FED~~~~!.!-AN.s:L~ By: ,/ ;;;;;a:;:;. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 101242 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, as set forth on a Final Subdivision Plan for Mulberry Crossing, Section three, Wynnewood West Development Company, as prepared by Gannett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 49, Page Ill, and more particularly described as follows: BEGINNING at a point on the right-of-way line of Bayberry Drive, at the dividing line between Lots No. 194 and 195, as shown on the aforementioned Subdivision Plan; thence along said right-of-way line of Bayberry Drive North 30 degrees 47 minutes 49 seconds East, a distance of 68.50 feet to a point at the dividing line between Lots No. 195 and 196; thence along same South 59 degrees 12 minutes 11 seconds East, a distance of 196.51 feet to a point at the dividing line between Lots No. 195, 196, and 190; thence along the dividing line between Lots 195,190,191, and 192. South 79 degrees 20 minutes 46 seconds West, a distance of 103.48 feet to a point at the dividing line between Lots No. 195, 192 and 194; thence along the dividing line between Lots No. 195 and 194 North 59 degrees 12 minutes II seconds West, a distance of 118.95 feet to the point and place of BEGINNING. BEING NO. 49 BAYBERRY DRIVE File #: 101242 .. .. VERIFICA nON FRANCIS S. HALLINAN, 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 unsworn falsifications to authorities. .~~ :::- ~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE ~* ,~ '" ~ "^ '\ " I ~ ~ ~ ~ ~''\~ ~~ .~ \j N ~ 'V ~\\ ,,~, '~ \. ~f\. ~ \S) () "-> C' C',.,::, (' C;.':'"1 ,J :~'"-'''' .J::'" -/ 1 -, , " '.. .:r:- } -/ /7 L.. C.) ~ r- -1-, -- fI I., J<~' i I ' /-17 C. - C) ( f\) I~. ! ~~- f .. . ~;:) - . .. .l:lr'h (~\/ .. . -........ f~ ( / ".4.," ( " - to; ii, --. -;... '. '," *.-., "1 ", C0 r I ""' (Jl ", Plaintiff IN THE COURT OF COMMON PLEAS OF CUMPERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW MORTGAGE ELECTRONICS REGISTRATION SYSTEMS, INC. v. CASE NOL 04-5681-CIVIL JOHN H. KYLE and THERESE M. KYLE, Defendants ANSWER TO COMPLAINT AND NOW, comes the Defendant, John H. Kyle, by and through his attorneys, WOLFE & RICE, LLC, and files the following Answer and in support thereof avers: 1. Admitted. 2. Denied. The Defendant, John H. Kyle, has not resided at the address alleged for over four years. His current address is 195 Konhous Road, Mechanicsburg, PA . 3. Admitted. 4. Admitted. 5. Denied. Defendant has not made any payments on the mortgage since the alleged date but does not know whether the other Defendant has made the payments. 6. Admitted in part and denied in part. It is admitted that if the mortgage is in default the amount alleged would appear to be accurate. However, for the reasons set forth in paragraph 5 herein the Defendant is otherwise not able to answer. 7. The allegations in paragraph 7 of the complaint are legal conclusions to which no response is required. 8. The allegations in paragraph 8 of the complaint are legal conclusions to which no response is required. 9. The allegations in paragraph 8 of the complaint are legal conclusions to which no response is required. WOLFE: & RICE, LLC By: W~A... John A.. Wolf sq. 47 West Hig Street Gettysburg, PA 17325 (717) 337-3754 2 MORTGAGE ELECTRONICS REGISTRATION SYSTEMS, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMPERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW v. CASE NOL 04-5681-CIVIL JOHN H. KYLE and THERESE M. KYLE, Defendants VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: \ d- ) ) 51 0 ~ MORTGAGE ELECTRONICS REGISTRATION SYSTEMS, INC. IN THE COURT OF COMMON PLEAS OF CUMPERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-LAW v. CASE NOL 04-5681-CIVIL JOHN H. KYLE and THERESE M. KYLE, Defendants CERTIFICATE OF SERVICE~ The undersigned, Angie Mohan, hereby certifies that a copy of the Defendant's Answer to Complaint was served upon the Plaintiff, through counsel, by depositing same in the United State Mail, first class postage prepaid, and addressed to Federman Phelan, LLP, One Penn Center Plaza, Suite 1400, Philadelphia, PA 19103, on the /~'fIr day of December, 2004. ~~1LLr; Angie ohan (~ ) ,.....,') (".n..... JI --I .,- i."'w I I i .~_I ...~ ~_1 i " " 1 -'; 1" ," , .~ r., , c , ; iN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. Plaintiff vs. John H. Kyle Therese M. Kyle Defendants PREMISES: 49 Bayberry Drive Mechanicsburg, P A 17050 ) ) ) ) ) ) CNIL ACTION NO. 04-5681 CIVIL TYPE OF PLEADING: Praecipe For Judgment For Failure To Answer And Assessment Of Damages Mortgage Foreclosure Code and Classification 40 Civil Action Filed on behalf of Plaintiff Counsel of Record for this Party: FRANCIS S. HALLINAN, ESQ. - PA !.D. #62695 PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Finn !.D. #23-2301814 PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLINAN, ESQ. Identification No. 62695 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION John H. Kyle 49 Bayberry Drive Mechanicsburg, P A 17050 : NO. 04-5681 CIVIL Therese M. Kyle 49 Bayberry Drive Mechanicsburg, P A 17050 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Therese M. Kvle Defendant, only, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: DAMAGES TO BE ASSESSED AT A LATER DATE. I hereby certify that (I) the addresses ofthe Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 236, copy attached. DATE: ;/Ir/os 'f~).~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff (L-kJ?~ PRO PROTHONOTARY 0 PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLINAN, ESQ. Identification No. 62695 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. : CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION John H. Kyle Therese M. Kyle : NO. 04-5681 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANCIS S. HALLINAN, 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 is not in the Military or Naval Service of the United States or its Allies, or otheIWise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant Therese M. Kyle is over 18 years of age and resides at 49 Bayberry Drive, Mechanicsburg, P A 17050. This statement is made subject to the penalties of 18 Pa. C.s. Section 4904 relating to unsworn falsification to authorities. r~j~ FRANCIS S. HALLINAN, ESQUIRE PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71 'i) 'i6,_7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INe. Plaintiff : CIVIL DMSION Vs. : CUMBERLAND COUNTY JOHN H. KYLE THERESE M. KYLE : NO. 04-5681-CML Defendants TO: THERESE M. KYLE 49 BAYBERRY DRIVE MECHANICSBURG, PA 17050 FILE COpy I.. DATE OF NOTICE: DF'(~F.MllF,R 11\, 1004 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 RECENED 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 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center _ Military Status Report .. ""~~nl to Ih, S=i~,n'" Ci~1 R,h,r AeI nf2()IJ] JAN-1l-200507:05:29 <Last Name First Middle Begin Date I Active Duty Status I Servicel Agency KYLE THERESE Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. ~w~U-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 22209-2593 The Defense Manpower Data Center (DMDC) is an organization ofthe Department of Defense that maintains the Defense Emollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not availahle on this printed results page. Requesters submitting a SSN only receive verification that the SSN they suhmitted is a match or non-match. https:llwww.dmdc.osd.mil/udpdri/owaJsscra.prc_Select 1/11/05 . ,. ~ (.) .tg. tJ " ...() \:t ~ r-> C"") c:';? C::l -r\ F .......,..\ l...J f._ --< ~ ::..-" fh p:: ........ ~ ::;,:': '~ ;:1 ~ { -- c:::: -<) -, (.') ~-> \' ~ -7J (" ~ r- , - ~ u, l./") 1- , .' ;-;- C) rv . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. ) CIVIL ACTION - LAW ) NO. 04-5681 CIVIL Plaintiff vs. John H. Kyle Therese M. Kyle Defendants Notice of Entrv of Judement in Accordance with Pa. R.c.P.. Rule 236 Notice is given that a Judgment in the above-captioned matter has been entered against Therese M. Kyle on -L/ff/DS If you have any questions concerning this matter, please contact: FRANCIS S. HALLINAN. ESOUIRE Attorney for Party Filing One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TIfAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN Identification No. 62695 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. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. Cumberland County John H. Kyle Therese M. Kyle Defendants No. 04-5681 CIVIL PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Disc:ontinued and Ended. Please mark Judgments satisfied and the Action settlled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:~ ~A/)(~ ~ Francis S. Hallinan, Esquire Attorney for Plaintiff "".,J - - ----- ~. '" SHERIFF'S RETURN - REGULAR CASE NO: 2004-05681 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KYLE JOHN H ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland CountYIPennsylvania, who being duly sworn according to law, saysl the within COMPLAINT - MORT FORE was served upon KYLE JOHN H the DEFENDANT 1 at 1943:00 HOURS 1 on the 3rd day of December 1 2004 at 49 BAYBERRY DRIVE MECHANICSBURG, PA 17050 by handing to THERESA KYLE, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.66 .00 10.00 .00 34.66 .<-:<,..-I....)/~?/ ,;,.::.... ...!fr" ';:"'~ '1" . ': " :,/. . R. Thomas Kline -:/'~ 12/06/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: , - me this ~ ~ day of ~ J.()Z}5~ A.D. Or 0 !hAP;", .~, rothonotary I -/- I . . ... SHERIFF'S RETURN - REGULAR CASE NO: 2004-05681 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KYLE JOHN H ET AL JASON VIORAL 1 Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KYLE THERESE M the DEFENDANT 1 at 1943:00 HOURS, on the 3rd day of December, 2004 at 49 BAYBERRY DRIVE MECHANICSBURG1 PA 17050 by handing to THERESA KYLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 R. A'//"";? ,'f..'.~:;q''''~.f1> .r 12/06/2004 FEDERMAN & PHELAN Sworn and Subscribed to before me this ~ ~ day of Q." ~ <... ,;l.J!I? if A. D. (/l~~a~~~ ~othonotary I By: ~~ ~/. uty Sheriff