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HomeMy WebLinkAbout05-0405PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 o. ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION TERM L? NO. ()?'' I DANIEL L. ALBRIGHT 833 WEST LOUTHER STREET CARLISLE, PA 17013 Defendant CUMBERLAND COUNTY 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File k: 109991 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 p'. 10999] 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: DANIEL L. ALBRIGHT 833 WEST LOUTHER STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 06130(2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1820, Page: 2308. 4. 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 07101/2004 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. He #: 109991 6. The following amounts are due on the mortgage: Principal Balance $93,95&01 Interest 3,741.66 06/01/2004 through 01/20/2005 (Per Diem $15.99) Attorney's Fees 1,250.00 Cumulative Late Charges 173.16 06/30/2003 to 01/20/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 99,672.83 Escrow Credit 0.00 Deficit 40.60 Subtotal $ 40.60 TOTAL $ 99,713.43 9. 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 $ 99,713.43, together with interest from 01/20/2005 at the rate of $15.99 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. PHELAN H LLINAN & SCHMIEG, LLP By: Is Fra allinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 109991 LEGAL DESCRIPTION All that certain lot or piece of ground with the building and improvements thereon erected, being known as (833 WEST LOUTHER STREET CARLISLE, PA 17013), being further described on that certain Deed dated 06/30/2003 and recorded 07/01/2003 in the office of the Recorder of Deeds in CUMBERLAND County in Deed Book No. 257, Page 4498. Folio (29-20-1794-007) BEING known as 833 WEST LOUTHER STREET VERIFICATION MICHAEL D. VESTAL hereby states that he/she is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsification to authorities. 'Al DATE: ? `?v (F?. r--.7 ?-- _. c ? ?.? <? ,?- ?, ' :_ _? rn ,, ?? f?.? t;?J <. ? ?`fl 1(' ' SHERIFF'S RETURN - REGULAR CASE NO: 2005-00405 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REG SYS VS ALBRIGHT DANIEL L CHIEF DEPUTY RONNY ANDERSON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ALBRIGHT DANIEL L the DEFENDANT , at 1131:00 HOURS, on the 27th day of la, nuary 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to DANIEL L. ALBRIGHT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this 3..t,4 day of J A. D. rothonotary So Answers: R. Thomas Kline 01/27/ PHELAN B PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs DANIEL L. ALBRIGHT Defendant Court of Common Pleas Civil Division : I CUMBERLANDCounty : I No. 05-0405 PHS# 109991 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: October 29, 2008 - c rancis Hallinan Attorney for Plaintiff C p a,:l Curtis R. Long Prothonotary office of the Protbonotarp 11 Renee K. Simpson Cumberranb Countp Deputy Prothonotary John E. Slike Solicitor C>S - A4U5 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6571 PHELAN HALLINAN & SCHMIEG, LLP By: Jenine R. Davey, Esquire Identification No. 87077 One Penn Center at Suburban Station 1617 J.F.K. Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. DANIEL L. ALBRIGHT 833 WEST LOUTHER STREET CARLISLE, PA 17013 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-405 CIVIL CUMBERLAND COUNTY PLAINTIFF'S MOTION TO REINSTATE CASE COMES NOW Mortgage Electronic Registration Systems, Inc. (hereinafter "Plaintiff'), by and through its attorneys, Phelan Hallinan & Schmieg, LLP, and files this its Motion to Reinstate Case for the limited purpose of filing its Praecipe to Discontinue and End, and in support thereof avers as follows: 1. Plaintiff filed its Complaint in mortgage foreclosure on January 24, 2005. 2. On or about June 26, 2008, Plaintiff was advised to close its foreclosure file due to Defendant's Chapter 13 Bankruptcy discharge. 3. On or about October 30, 2008, Plaintiff filed a Praecipe to mark the case discontinued and ended without prejudice for filing. 4. On December 15, 2008, Plaintiff learned, through the Court docket, that the Court issued an Order on October 29, 2008 dismissing the case. However, Plaintiff has no record of receiving said Order. 5. Pursuant to Pa.R.C.P. 230.2(d)(3) and (d)(2), if an action has been terminated pursuant to Rule 230.2 for inactivity, an aggrieved party may petition the court to reinstate the action and show (i) that the petition was timely filed following the entry of the order for termination and (ii) there is a reasonable explanation for legitimate failure to file both the statement of intent to proceed and the petition to reinstate the action within thirty (30) days after the entry of the order of termination on the docket. 6. This Petition has been promptly filed by Plaintiff's counsel upon learning that the case was terminated. 7. Plaintiff filed a Praecipe to Discontinue and End without Prejudice one day after the case was terminated. 8. Plaintiff respectfully requests that the Honorable Court vacate its Order of October 29, 2008 and reinstate the instant action. 9. Plaintiff requests that the action be reinstated and that the attached Order be entered marking the case discontinued and ended without prejudice. 10. Plaintiff will be prejudiced should this action not be reopened and the October 29, 2008 Order vacated since the action has been dismissed with prejudice. In the event the Defendants again default on the mortgage loan, Plaintiff will be unable to foreclose to recoup its unjust losses. WHEREFORE, Plaintiff respectfully requests that the Honorable Court vacate its October 29, 2008 Order, reinstate the above referenced matter and enter the attached Order marking the case discontinued and ended without prejudice. Date: l 13 c Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: qq5?11 -,4-4 -j?7 Je e R. Davey, Es ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Jenine R. Davey, Esquire Identification No. 87077 One Penn Center at Suburban Station 1617 J.F.K. Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. DANIEL L. ALBRIGHT 833 WEST LOUTHER STREET CARLISLE, PA 17013 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-405 CIVIL CUMBERLAND COUNTY PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO REINSTATE CASE Plaintiff filed its Complaint in mortgage foreclosure on January 24, 2005. On or about June 26, 2008, Plaintiff was advised to close its foreclosure file due to Defendant's Chapter 13 Bankruptcy discharge. On or about October 30, 2008, Plaintiff filed a Praecipe to mark the case discontinued and ended without prejudice for filing. On December 15, 2008, Plaintiff learned, through the Court docket, that the Court issued an Order on October 29, 2008 dismissing the case. However, Plaintiff has no record of receiving said Order. Pursuant to Pa.R.C.P. 230.2(d)(3) and (d)(2), if an action has been terminated pursuant to Rule 230.2 for inactivity, an aggrieved party may petition the court to reinstate the action and show (i) that the petition was timely filed following the entry of the order for termination and (ii) there is a reasonable explanation for legitimate failure to file both the statement of intent to proceed and the petition to reinstate the action within thirty (30) days after the entry of the order of termination on the docket. This Petition has been promptly filed by Plaintiff's counsel upon learning that the case was terminated. Plaintiff filed a Praecipe to Discontinue and End without Prejudice one day after the case was terminated. Plaintiff respectfully requests that the Honorable Court vacate its Order of October 29, 2008 and reinstate the instant action. Plaintiff requests that the action be reinstated and that the attached Order be entered marking the case discontinued and ended without prejudice. Plaintiff will be prejudiced should this action not be reopened and the October 29, 2008 Order vacated since the action has been dismissed with prejudice. In the event the Defendants again default on the mortgage loan, Plaintiff will be unable to foreclose to recoup its unjust losses. WHEREFORE, Plaintiff respectfully requests that the Honorable Court vacate its October 29, 2008 Order, reinstate the above referenced matter and enter the attached Order marking the case discontinued and ended without prejudice. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: (d D 8 By: %'4L-4 -.4 1---4 J ne R. Davey, Es ire Attorney for Plaintiff VERIFICATION Jenine R. Davey, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in Plaintiffs Motion to Reinstate Case are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. PHELA HALLIlVAN & SCHMIEG, LLP Date: 3, F By: Je ' e R. Davey, Esqu re Attorney for Plaintiff c?._ -? 7 i? <?rt ?'; EY,? , , _. PHELAN HALLINAN & SCHMIEG, LLP By: Jenine R. Davey, Esquire Identification No. 87077 One Penn Center at Suburban Station 1617 J.F.K. Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. DANIEL L. ALBRIGHT 833 WEST LOUTHER STREET CARLISLE, PA 17013 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-405 CIVIL CUMBERLAND COUNTY PLAINTIFF'S AMENDED MOTION TO REINSTATE CASE COMES NOW Mortgage Electronic Registration Systems, Inc. (hereinafter "Plaintiff'), by and through its attorneys, Phelan Hallinan & Schmieg, LLP, and files this its Motion to Reinstate Case for the limited purpose of filing its Praecipe to Discontinue and End, and in support thereof avers as follows: Plaintiff filed its Complaint in mortgage foreclosure on January 24, 2005. 2. On or about June 26, 2008, Plaintiff was advised to close its foreclosure file due to Defendant's Chapter 13 Bankruptcy discharge. 3. On or about October 30, 2008, Plaintiff filed a Praecipe to mark the case discontinued and ended without prejudice for filing. 4. On December 15, 2008, Plaintiff learned, through the Court docket, that the Court issued an Order on October 29, 2008 dismissing the case. However, Plaintiff has no record of receiving said Order. 5. Pursuant to Pa.R.C.P. 230.2(d)(3) and (d)(2), if an action has been terminated pursuant to Rule 230.2 for inactivity, an aggrieved party may petition the court to reinstate the action and show (i) that the petition was timely filed following the entry of the order for termination and (ii) there is a reasonable explanation for legitimate failure to file both the statement of intent to proceed and the petition to reinstate the action within thirty (30) days after the entry of the order of termination on the docket. 6. This Petition has been promptly filed by Plaintiff's counsel upon learning that the case was terminated. 7. Plaintiff filed a Praecipe to Discontinue and End without Prejudice one day after the case was terminated. 8. Plaintiff respectfully requests that the Honorable Court vacate its Order of October 29, 2008 and reinstate the instant action. 9. Plaintiff requests that the action be reinstated and that the attached Order be entered marking the case discontinued and ended without prejudice. 10. Plaintiff will be prejudiced should this action not be reopened and the October 29, 2008 Order vacated since the action has been dismissed with prejudice. In the event the Defendants again default on the mortgage loan, Plaintiff will be unable to foreclose to recoup its unjust losses. 11. To the best of Plaintiff's knowledge, no judge has ruled on any issue in this matter. 12. In accordance with Cumberland County Local Rule 208.3(a)(9), Plaintiff sent a copy of its proposed Amended Motion to Reinstate Case to Defendant on January 20, 2009 via overnight mail and requested concurrence. To date, Plaintiff has received no response from Defendant. A true and correct copy of Plaintiff's January 20, 2009 letter and FedEx mailing receipt is attached hereto, and made part hereof, and marked as Exhibit A. WHEREFORE, Plaintiff respectfully requests that the Honorable Court vacate its October 29, 2008 Order, reinstate the above referenced matter and enter the attached Order marking the case discontinued and ended without prejudice. Date: 1 0- Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: Jeni R. Davey, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Jenine R. Davey, Esquire Identification No. 87077 One Penn Center at Suburban Station Attorney for Plaintiff 1617 J.F.K. Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-405 CIVIL CUMBERLAND COUNTY DANIEL L. ALBRIGHT 833 WEST LOUTHER STREET CARLISLE, PA 17013 Defendant PLAINTIFF'S BRIEF IN SUPPORT OF ITS AMENDED MOTION TO REINSTATE CASE Plaintiff filed its Complaint in mortgage foreclosure on January 24, 2005. On or about June 26, 2008, Plaintiff was advised to close its foreclosure file due to Defendant's Chapter 13 Bankruptcy discharge. On or about October 30, 2008, Plaintiff filed a Praecipe to mark the case discontinued and ended without prejudice for filing. On December 15, 2008, Plaintiff learned, through the Court docket, that the Court issued an Order on October 29, 2008 dismissing the case. However, Plaintiff has no record of receiving said Order. Pursuant to Pa.R.C.P. 230.2(d)(3) and (d)(2), if an action has been terminated pursuant to Rule 230.2 for inactivity, an aggrieved party may petition the court to reinstate the action and show (i) that the petition was timely filed following the entry of the order for termination and (ii) there is a reasonable explanation for legitimate failure to file both the statement of intent to proceed and the petition to reinstate the action within thirty (30) days after the entry of the order of termination on the docket. This Petition has been promptly filed by Plaintiff's counsel upon learning that the case was terminated. Plaintiff filed a Praecipe to Discontinue and End without Prejudice one day after the case was terminated. Plaintiff respectfully requests that the Honorable Court vacate its Order of October 29, 2008 and reinstate the instant action. Plaintiff requests that the action be reinstated and that the attached Order be entered marking the case discontinued and ended without prejudice. Plaintiff will be prejudiced should this action not be reopened and the October 29, 2008 Order vacated since the action has been dismissed with prejudice. In the event the Defendants again default on the mortgage loan, Plaintiff will be unable to foreclose to recoup its unjust losses. To the best of Plaintiff's knowledge, no judge has ruled on any issue in this matter. In accordance with Cumberland County Local Rule 208.3(a)(9), Plaintiff sent a copy of its proposed Amended Motion to Reinstate Case to Defendant on January 20, 2009 and requested concurrence. To date, Plaintiff has received no response from Defendant. A true and correct copy of Plaintiff's January 20, 2009 letter and FedEx mailing receipt is attached hereto, and made part hereof, and marked as Exhibit A. WHEREFORE, Plaintiff respectfully requests that the Honorable Court vacate its October 29, 2008 Order, reinstate the above referenced matter and enter the attached Order marking the case discontinued and ended without prejudice. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: By: Je e R. Davey, Esq ire Attorney for Plaintiff VERIFICATION Jenine R. Davey, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in Plaintiffs Amended Motion to Reinstate Case are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 1 PHELAN HALLINAN & SCHMIEG, LLP By: Jem R. Davey, Es uire Att ey for Plainti f PHELAN HALLINAN & SCHMIEG, LLP By: Jenine R. Davey, Esquire Identification No. 87077 One Penn Center at Suburban Station 1617 J.F.K. Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Defendant Plaintiff NO. 05-405 CIVIL V. DANIEL L. ALBRIGHT 833 WEST LOUTHER STREET CARLISLE, PA 17013 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Amended Motion to Reinstate Case, Brief in Support thereof, proposed Order and Verification was sent to the Defendants via regular mail on the date indicated below: Daniel L. Albright 833 West Louther Street Carlisle, PA 17013 Date: I By: te, Je ' e R. Davey, squire Attorney for Plaintiff s MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF V. DANIEL L. ALBRIGHT, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-0405 CIVIL TERM ORDER OF COURT 10 day of February, 2009, IT IS ORDERED that the order entered on October 29, 2008, terminating this case, IS VACA By the Edgar B , Xnine R. Davey, Esquire For Plaintiff ,,B' niel L. Albright 833 West Louther Street Carlisle, PA 17013 :sal J , J. U Ul) - LLJ C N