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HomeMy WebLinkAbout01-5313FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHiLADELPHIA, PA 19103-1814 ~215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 820I GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR 726 NORTH HANOVER STREET CARLISLE, PA 17013 ATTORNEY FORPLAINTIFF COURT OF COMMON PLEAS CIVIL DiVISION TERM CUMBERLAND COUNTY Defendant(s) ,CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A 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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 judgrnent 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 properly or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 505194375/BCF 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. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, 1NC. 27555 FARMINGTON ROAD FARMINGTON HILLS, MI 48334~3357 The name(s) and last known address(es) of the Defendant(s) are: PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR 726 NORTH HANOVER STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 7/13/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION, which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1470, Page 280. By Assignment of Mortgage recorded 9/15/98 the mortgage was assigned to SOURCE ONE MORTGAGE SERVICES CORP. which Assignment is recorded in Assignment of Mortgage Book No. 588, Page 502. By Assignment of Mortgage recorded 6/6/2000 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 645, Page 943. 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 4/1/01 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. The following amounts are due on the mortgage: Principal Balance Interest 3/1/01 through 9/1/01 (Per Diem $16.48) Attorney's Fees Cumulative Late Charges 7/13/998 to 9/1/01 Cost of Suit and Title Search Subtotal $85,941.03 3,048.80 4,000.00 142.20 550.00 $93,682.03 Escrow Credit 0.00 Deficit 562.95 Subtotal $ 562.95 TOTAL $94,244.98 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees wiI1 be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem_ Judgment against the Defendant(s) in the sum of $94,244.98, together with interest from 9/1/01 at the rate of $16.48 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. _/s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL that e~rtain tract or pareel of land and premises, situate, lying and being in MONROE TOWNSHIP, in Cumberland County, Pennsylvania, more particularly bounded and flescdbed as follows: ~ BEGINNING on the East by Mountain Street; on the South by land now or formerly of Gerald R. Bowers; on the We~t by a 16 foot alley and on the North by land now or formerly of M~lton Cameron; having a frontage on Mountain Street of I00 feet and extending at an even width, a depth of 160 feet to the alley in the rear; being improved with a 2 ½ story frame dwelling house known and numbered as 564 Gutshall Road, Boiling Springs, Pennsylvania. VERIFICATION PERRY POLLARD hereby states that he is MANAGER of CITIMORTGAGE, INC. mortgage servicing agent for Plaintiff in this mai~er, that he 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 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 faI~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-05313 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC RESISTRATI VS BEAR PAUL J JR ET AL GEP~ALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BEAR PAUL J JR the DEFENDANT , at 1551:00 HOURS, on the 12th day of September, 2001 at 1101 CLAREMONT RD CARLISLE, PA 17013 by handing to PAUL J BEAR JR 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 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this /~ day of ~~ ~_~/ A.D. ! ~othonotar~ ~ ' So Answers: R. Thomas Kline 09/13/2001 FEDERMAN & PHELAN '- ~ Depu~y'S~riff SHERIFF'S RETURN - REGULAR CASE NO: 2001-05313 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC RESISTRATI VS BEAR PAUL J JR ET AL GERALD WORTHINGTON , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE BEAR APRIL D Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFENDANT , at 1559:00 HOURS, on the 12th day of September, 2001 at 355 E NORTH ST CARLISLE, PA 17013 APRIL BEAR a true and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 19.25 Sworn and Subscribed to before me this /~c~ day of _~.zzr~_~ ~L~o/ a.D. ~ , Prothonotary~ / t So Answers: R. Thomas Kline 09/12/2001 FEDERMAN & PHELAIq DepUty ~eriff FEDERMAN AND PHELAN · By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR Defendant(s). : NO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 01-5313 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PAUL J. BEAK~ JR.~ A/FdA PAUl, J. BEAR and APRIL D. BEAR, Defendant(s) 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 Plaintiffs damages as follows: As set forth in Complaint Interest from 9/1/01 to 10/30/01 TOTAL $94,244.98 $972.32 $95,217.30 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUirE Attorney for Plaintiff DATE:DAMAGES~..O_~/tARE HEREBY,..&ooiASSESSED AS INDICA~.~ ~PRO PROTHY' ~ ' ~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, v. PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5313 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on / 2ool. DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A 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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, PAUL J. BEAR, JR., A/FdA PAUL J. BEAR APRIL D. BEAR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5313 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PAUL J. BEAR, JR., A/K/A PAUL J. BEAR is over 18 years of age and resides at, 1101 CLAREMONT RD., CARLISLE, PA 17013. (c) that defendant APRIL D. BEAR is over 18 years of age, and resides at, 355 N. EAST STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN · BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (~] 5) q6~-TnOn MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff VS. Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY PAUL J. BEAR JR. A/K/A PAUL J. BEAR APRIL D. BEAR Defendant (s) TO: PAUL J. BEAR JR. A/K/A PAUL J. BEAR 1101 CLAREMONT RD. CARLISLE PA 17013 : NO. 01-5313-CIVIL DATE OF NOTICE: CTOBER 16 20 i 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 SHOLILD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. ~TICE You are in default because you have failed 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN 'BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (~1 ~) ~6~-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff VS. Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY PAUL J. BEAR JR. A/K/A PAUL J. BEAR APRIL D. BEAR Defendant TO: APRIL D. BEAR 355 N. EAST STREET CARLISLE, PA 17013 : NO. 01-5313-CIVIL DATE OF NOTICE: TOBER 16 2001 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. MPORT NOT E You are in default because you have failed 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 (10) 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 notice to a lawq;er at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN · BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 ~) ~fi'4-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff PAUL J. BEAR JR. A/K/A PAUL J. BEAR APRIL D. BE~_R Defendant TO: APRIL D. BEAR 755 N. EAST STREET CARLISLE, PA 17013 Attomey for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAi~D COUNTY : NO. 01-5313-CIVIL DATE OF NOTICE: OCT BE 16 0 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, ~ 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. P RT N CE You are in default because you have failed 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR Defendant(s). No. 01-5313 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/30/01 to 3/6/02 (per diem -15.65) TOTAL $95,217.30 $1,987.55 and Costs $97,204.85 FRANK FE~DE1LMAN~, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL that cer:ain t~act or parcel of land and premises, situa[¢, lying and being in MONROE TOWNSHIP, in Cumberland County, Pennsylvania, more particularly bounded and described as follows: ~ BEGrNNIN~ on the Fast by Mountain Street; on the South by land now or formerly of Gerald R. Bowers; on the West by a 16 foot alley and on the North by land now or formerly of Milton Cameron; having a frontage on Mountain Sheet of I00 feet and extending at an even width, a depth of 160 feet ~o the alley in the rear; being improved with a 2 ½ story frame dwelling house known and numbered ns 564 Gutshall Road, Boiling Springs, P'-.~ylvania. BEING the same premises which Richard L. Norris, single man, by his Deed dated June I2, 1995 and recorded in the Office of the Recorder of Deeds in and for CumberIand County, in Record Book I24, Page 130, granted and conveyed ,,nto Paul I. Bear, .tr., married man, Grantor herein. AND the Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. PACEL # 22-31-2173-012 FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) $63-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaimiff, PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-5313 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaimiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5313 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS~ INC., Plaintiff in the above action, by ~ts attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~564 GUTSHALL ROAD~ BOILING SPRINGS~ PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAUL J. BEAR, JR., A/K/A PAUL J. BEAR 1101 CLAREMONT RD. CARLISLE, PA 17013 APRIL D. BEAR 355 N. EAST STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: PAUL J. BEAR~ JR.,.A/K/A PAUL J. BEAR 1101 CLAREMONT RD. CARLISLE, PA 17013 APRIL D. BEAR 355 N. EAST STREET CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NalTle None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Sallie Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 564 GUTSHALL ROAD BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 October 30, 2001 DATE I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRON/C REGISTRATION : SYSTEMS, INc. : Plaintiff, : PAUL J. BEAR, JR., AfK/A PAUL J. BEAR APRIL D. BEAR Defendant(s). TO: PAUL J. BEAR, JR., A/K/A PAUL J. BEAR 1101 CLAREMONT RD. CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-5313 CIVIL TERM October 30, 2001 APRIL D. BEAR 355 N. EAST STREET CARLISLE, PA 17013 **THIS FlPu~I IS.4 DEBT COLLECTOR ATTEMPTING TO COLLECT.4 DEBT.4ND ANY INFORM~4TION OB T.41NED WILL BE USED FOR THAT PURPOSE. IF YOU HA YE PREV[OUSLY RECEIVED A DISCH.4RGE IN B.4NKRUPTCY .4ND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT .4ND SHOULD NOT BE CONSTRUED TO BE ~4N /I TTEMPT TO COLLECT.4 DEBT, BUT ONLY ENFORCEMENT 0F.4 LIEN.4 G.4INST PROPERTE * * Your house (real estate) at ~ 564 GUTSHALL ROAD~ BOILING SPRINGS~ PA 17007~ is scheduled to be sold at the Sheriff's Sale on MARCH 6~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 95~217.30 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAI,R To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTI-IEI~ RIGHT~-EVEN IF~IHE ~4 ERIFF~S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to. the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL that certain wact or parcel of land and premis~, situate, lying and being in MONROE TOWNSHIP, in Cumberland County, Pennsylvania, more particularly bounded and described as follows: ~ BEGINNING on the East by Mountain Strut; on tl~ South by land now or formerly of Gerald R. Bowers; on tile W~t by a 16 foot alley and on the North by land now or formerly of Milton Cameron; having a frontage on Mountain Strut of I00 feet and extending at an even width, a depth of 160 feet to the alley in the rear; being improved with a 2 ½ story frame dwelling house known and numbered as 564 Gutshall Road, Boiling Springs. Pennsylvania. BEING the same pr~miscs which Richard L. Norris, single man, by his De~ dated June 12, 1995 and recorded in the Offic~ of the l~corder of D~:ls in and for Cumberland County, in Record Book 124, Page 130, grant~:t and conveyed unto Paul .l. B~ar, Jr., married man, Grantor hercin. AND the Grantor hereby covenants and agrees that he will warrant specially the prol~ny hereby conveyed. PACEL # 22-31-2173-012 (') cD c) AFFIDAVIT OF SERVICE MORTGAGEELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) BEAR PAUL J. BEAR, JR., A/K/A PAUL J. APRIL~D. BEAR SERVE PAUL J. BEAR, JR., A/K/A PAUL J. BEAR AT 1101 CLAREMONT RD. CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-5313 CIVIL TERM ACCT. #505194375 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED Served and made known to ?~to [ '~, ~e.~C<./-'~ t , Defendant, on the at ~:30 ,o,clock4E. r~,at Co,,~o*.e,.\~,~L Go,'~.~ PIL~;.~ . IlO! ! of Pennsylvania, in the manner described below: day of /V0 V ,200.L t. Cormnonwealth __Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relatiomhip is ._.~._Adult in charge of Defendant(s)'s residence who refused to give name or relatiouship. Manager/Clerk of phce of lodging in which Defendant(s) reside(s). Agent or person in charge of Dcfendant(s)'s office or usual phce of business. an officer of said Defendant(s)'s company. __Other: Description: Age~~'''' Height Weight/C~O Race {AJ~ Sex ~ Other I, C_~ ~e~ c~- [., C~ t-~c)~/~-~, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address ind/cated above. [ NOTARIAL SEAL | ANN~ 6. 00~¥^~, Notar~ Publl~ Sworn to and sub.ri.bed ] Chaml~urO Boro, Franidln4~nN ! NOT SERVED On the day of ,200._, at __ o'clock __.n~, Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this __ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federmnn, Esquire - IA). No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) $63-700O lqo FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC VS. CUMBERLAND COUNTY No.: 01~5313 PAUL J BEAR, JR., A/K/A PAUL J BEAR APRIL D BEAR MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results there fi.om is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF 01/'05/200~ 13:30 85G740G845 02 ~1:33& Mioh~lle Gu~on PLAINTIFF DE['ENDANT($i BEAR AFFIDA¥1T OF SERVICE MORTGAGE EL~CTRON]'C APRil, I), BEAR APRIl., I). REAR AT; 72§ I/ANOYER STREET CARLISI,~_.~ IA. 17013 PAGE 05 t.,'U MB I./RLAND COUNTY ACCT. Type Of Ac/Ion "NoIic~ of Skerl~s Jalu Sa~e Date: MARCH. 6, 2002 o f P~tir~ylvau/a./u ~hc ruav. u~r d=scrlbed b~l~w: ${~RVED , D~fendant, on the__ day of. ,200._, , Commonweiilth ~ Dcik'Udant personally ~rved, ...... Aduh flmm{ly mcmbk'~ with whum Dc£cudlmi(a) r~/dc(s). R~latiou~hip i~ __ --. Aduit J-u c'ha-"~ -':'~ r.~i 'm '~m~ 'm4r.., ~ ~o ,give rome or reZm~iou~p. __~biamg~./(.ll~tk ot'pla~ oflociging in which I~fbndanff,?) m~id~(s). ~ Allent or lmnmo in cl~wSe ol'l)efe,Bn,~(s) '~ o{]]cu ur ~:z.I pIH~tl ut {m.VbX."~S. . Other:. _ an officer ofilaid Befilndant($)'$ company, Description; ARe ~ Height Woi~ht a ~c ~ co~t ~y of~e N~ of~ed~; Sale thc ad~ ~icatcd a~vc. Sworn to ai'{d {ubscribed befor~ mc tl$i~ of .. 200_, N.uu'y: By: NOT ,~RVED ~wom to ~ ~ ~fomn. d..~' day ~ F~u~c - I~. No. J 2248 One Penn C~n~ at Subn~an S~flon Philad~h~, PA I~10~1814 PLAIN3~'!FF DEFENDANT(S) BEAR AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PAUL J. BEAR, JR., A/K/A PAUL J. APRIL D. BEAR SERVE APRIL D. BEAR AT 355 N. EAST STREET CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-5313 CIVIL TERM ACCT. #505194375 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED Served and made known to at , o'clock __.m., at of Pennsylvania, in the manner described below: , Defendant, on the day of ,200_, ., Commonwealth Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is __Adult in charge of Defendant(s)'s residence who refused to give name or relationskip. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). __ Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age __ Height Weight Race __ Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a mae and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,200_. Notary: By: Oathe /7 day of t40~,~,, ~.. __ Unknown NOT SERVED Moved Sworn to and subscribed before ma this iq-fit- day of/1)¢~/o...~bt~., 200,_/. Attorne,( for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-70O0 ,200iL, at /0; Jo o'clock ~_.m., Defendant NOT FOUND because: __ No Answer Vacant By: ~y Com~ ~ ~ EXHIBIT Mortgage Electronic Registration Systems, Inc. VS Paul J. Bear, Jr. a/k/a Paul $. Bear and April D. Bear In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5313 Civil Term Michael Barrick, Deputy Sheriff, who being duly swom according to law, states that on November 06, 2001 at 3:55 o'clock P.M., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Paul J. Bear, Jr. a/k/a Paul J. Bear, by making known unto Paul J. Bear personally, at The Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: April D. Bear, but was unable to locate her at 335 North East Street, Carlisle, Cumberland County, Pennsylvania. A further seamh by Deputy Shawn Harrison at the Carlisle Post Office revealed the defendant left a forwarding address of 726 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. On November 7, 2001, Deputy Dawn Kell searched 726 North Hanover Street, Carlisle, Cumberland County, Pennsylvania for the within named defendant, April D. Bear, but was unable to locate her at that address. Defendant moved again, but did not leave a forwarding address. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 04, 2002 at 3:23 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Paul J. Bear, Jr. a/k/a Paul J. Bear and April D. Bear located at 564 Gutshail Road, Boiling Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Paul J. Bear, Jr. a/k/a Paul J. Bear, by regular mail to his last known address of The Cumberland County Pr/son, 110 l Claremont Road, Carlisle, PA 17013. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff's Office. Sworn and subscribed to before me This day of 2002, A.D. Prothonotary So Answers: R. Thomas Kline, Sheriff Real Estate Deputy EKL DATA, INC AFFIDAVIT OF GOOD FAITH INVESTIGATION 1 Loan Number: File Number: Attorney Firm: Federman & Phelan April D. Bear Property Address 564 Gutshall Road Boiling Springs, PA 17007 Last Known Address: 355 N. East Street Carlisle, PA 17013 Current Address: 726 N. Hanover Street Carlisle, PA 17013 Last Known Number: 717 258-8002 George H. Lewis, Ill, being duly sworn according to law, deposes and says: 1. i am employed in the capaci~ of researcher for EKL DATA, INC. 2. On December 10, 2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: Credit Information A. Social Security Number 1. April D. Bear:444-74-1963 B. Employment Search: Could not locate any employment information for the above named subject at this time. Inquiry of Creditors: The creditors indicated that April D. Bear resides at 726 N. Hanover Street, Carlisle, PA 17013. ii. Inquiry of Telephone Company A. Directory Assistance Seamh: The Telephone Company has April D. Bear listed with an address of 726 N. Hanover Street, Carlisle, PA 17013. The phone number is 717 258-8002. Called number and verified that the above named subject does reside at 726 N. Hanover Street. Inquiry of Neighbors N/A IV. Inquiry of Post Office A. National Address Update: As of December 10, 2001 the National Change of Address has no forwarding record i~r April D. Bear listed at 726 N. Hanover Street, Carlisle, PA 17013. Inquiry of DMV The Pennsylvania Department of Motor Vehicles has April D. Bear listed at 726 N. Hanover Street, Carlisle, PA 17013. EXHIBIT EKL DATA, INC AFFIDAVIT OF GOOD FAITH INVESTIGATION Other Inquiries A. Death Records: As of December 10, 2001 the Social Secarity Death Index has no death record Apcil D. Bcac ~.;aer her social security number. B. Public Licenses None Found C. County Voter Registration: The county does have April D. Bear listed as a registered voter with an address of 726 N. Hanover Street, Carlisle, PA 17013. D. D.O.B.: April D. Bear: 12/00/1966 E. Miscellaneous Information None Subscribed and sworn before me on December I0, 2001. Notary Public [ EI~I ff.. ~ ~ EKL DATA, INC. O 66 Brooldine Boulevard O Havertown, PA 19083 Tel.: 1-888-829-5768 O Fax: 610-446-2779 O email: ekl-data~home.com FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DiVISION CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC No.: 01-5313 VS. PAUL J BEAR, JR., MIGA PAUL J BEAR APRIL D BEAR MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiffmay 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 registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriffhas been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 13RANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC VS. CUMBERLAND COUNTY No.: 01-5313 PAUL J BEAR, JR., A/K/A PAUL J BEAR APRIL D BEAR CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on February 27, 2002. PAUL J BEAR, JR., A/K/A PAUL J BEAR APRIL D BEAR 1101 CLAREMONT ROAD CARLISLE, PA 17013 ~RANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: February 27, 2002 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC VS. PAUL J BEAR, JR., A/K/A PAUL J BEAR APRIL D BEAR MAR 0 4 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-5313 ORDER AND NOW, this ~ dayof 002, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), PAUL J BEAR, JR., A/K]A PAUL J BEAR and APRIL D BEAR, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and the mortgaged premises. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Protho~.©ff~a~,~avit of service. l~EDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS vs. CWIL DIVISION PAUL J. BEAR, JR. APRIL D. BEAR NO. 01-5313 V~R IFIC A TION I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) PAUL J. BEAR, JR. & APRIL D. BEAR on 3/18/02 as evidenced by the attached receipts, in accordance with the Order of Court dated, 3/5/02. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE- ATTORNEY FOR PLAINTIFF DATE: March 19, 2002 7160 3901 9844 7039 2494 TO: APRIL D. BEAR 564 GUTSHALL ROAD, BOLLING SPRINGS, PA 17007 7160 3901 9844 7039 2500 TO: PAUL J. BEAR, JR., A/IOA PAUL J. BEAR 564 GUTSHALL ROAD, BOILING SPRINGS, PA 17007 SENDER: KMD REFERENCE: SALES BEAR SENDER: KMD REFERENC~: SALES BEAR PS Form 3800, June 2000 RETURN [ Postage RECEIPT Certified Fee SERVICE Return Receipt Fee .34 2.10 1.90 US Postal Service Receipt for Certified Mail NO Insurance Coverage Provided 7160 3901 9844 7039 2487 TO: PAUL J. BEAR, JR., A/IOA PAUL J. BEAR 1101 CLAREMONT ROAD CARLISLE, PA 17013 PS Form ~500, June 2000 RE'DJRN I Postage RECEIPT Certified Fee SERVICE Return Receipt Fee US Postal Service Receipt for Certified Mail No Insurance Co~rage Provided Do Not Use for Intero~tfonal Mail .34 2.10 1.90 3.20 7160 3901 9844 7039 2470 TO: APRIL D. BEAR 355 N. EAST STREET CARLISLE, PA 17013 SENDER: KMD REFERENCE: SALES BEAR PS Form 3800, June 2000 RETURN [ Postage RECEIPT Certified Fee SERVICE Return Receipt Fee US Postal Service Receipt for Certified Mail 2.10 1.90 ,SENDER: KMD REFERENCE: SALES BEAR PS Form 3800, June 2000 RETURN I Postage RECEIPT Certified Fee SERVICE Rstum Receipt Fee Restflcted Delivery { Total Postage & Fees US Postal Service Receipt for Certified Mail ,34 2.10 1.90 3.20 7.54 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) ) CIVIL ACTION VS. PaUL J. BEAR, Jr. ) APRIL D. BEAR ) CIVIL DIVISION NO. 01-5313 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on 1111101 & 31'18/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 11/1/01 & 3/18/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: April 18, 2002 FI~NK F-EDERMAN, ESQUIRE Attorney for Plaintiff 71~6 4575 1294 4773 3933 TO: PAUL J. BEAR, Jla., A/KJA. PAUL J. BEAR 1101 CLAREMONT RD. CARLISLE, PA 17013 ~ SENDER: LEO REFERENCE: SALES (505194375) PS Form 3800, June 2000 RETURN Postage _~ q4 RECEIPT Certified Fee ~., I 0 SERVICE Return Receipt Fee 1.50 Reotrioted Deliver7 3.20 US Postal Se~ice Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for Intarnatitmal Mall 7160 3901 9844 7039 2470 TO: APRIL D. BEAR 355 N. EAST STREET CARLISLE, PA 17013 SENDER: KMD REFERENCE: SALES BEAR 7106 4575 1294 4773 .3940 TO: APRIL D. BEAR ., 355 N. EAST ST1LI~ET CARLISLE, PA 17013 SENDER: LEO REFERENCE: SALES (505194375) r 20o0 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee US Postal Service Receipt for Certified Mail 7160 3901 9844 7039 2487 TO: PAUL J. BEAR, JR., MY, dA PAUL J. BEAR 1101 CLAREMONT ROAD CARLISLE, PA 17013 SENDER: KMD REFERENCE= SALES BEAR Ps Fo.m ~oo, J.r~ 2OOO , _~or~000_. RETURN I Postage .3~' I RETURN Postage RECEIPT Ce~fled Fee 2.10 ~ SERV CE [.enmeo Fee SERVICE Rotum Receipt Fee 1.90 ! E , ~uV~--~. Fee Restrk~ed Deliver/ 3.20 ~ Total Postage & Fees ~ ~ ro~ Postage & Fees us Post.a~ service I .os ' ' ~' - 7,~4 Rece,pt for ' Rec..e. iPt for.. Certified Mail . ~, W/ ' Do Not Use for International Mai, -' ~'~ ' ..... :.7: .U:.:: ':'.::::~.M..al.'l. 1.90 7160 3901 9844 7039 TO: PAUL J. BEAR, JR., A/K/A PAUL J. BEAR 564 GUTSHALL ROAD, BOILING SPRINGS, PA 17007 SENDER: I;~V[D REFERENCE: SALES BEAR RETURN RECEIPT SERVICE US Postal Service Receipt for Certified Mail Postage .34 Ceded Fee 2. ! 0 ~ 1.90 I Restricted Delivery ~"~ ITOtalP°stage&Fees ~ ~'~ i4 ) 7160 3901 9844 7039 2494 TO: APRIL D. BEAR 564 GUTSHALL ROAD, BOILING SPRINGS, PA 17007 SENDER: KMD REFERENCE: SALES BEAR PS Form 3800, June 2000 RETURN Postage RECEIPT Ce~fled Fee SERVICE Return Receipt Fee .34 US Postal Service' Receipt for Certified Mail' No Insurance Coverage Provided 2.10 1.90 FEDERMAN & PHELAN By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215)563-7000 ATTORNEY FOR PETITIONER MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. PAUL J. BEAR, JR. APRIL D. BEAR COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY NO. 01-5313 MOTION TO CONFIRM SALE AND DIVEST INTEREST~ NUNC PRO TUNC Plaintiff, by and through its counsel, Federman and Phelan, L.L.P., hereby Petitions this Court to confirm the June 5, 2002 Sheriff's Sai[e of 564 Gutshall Road, Boiling Springs, PA 17007 (hereinafter the "Property") and lo divest the interest of Greentree Consumer Discount Company, nunc pro tunc, and aver as follows: 1. On July 23, 1998, Defendants Paul J. Bear, Jr. and April D. Bear made, executed and delivered a mortgage upon the premises known as 564 Gutshall Road, Boiling Springs, PA 17007, to Mortgage Investors Corporation which mortgage was recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No. 1470, Page 280, which Mortgage ~vas last assigned by Assignment of Mortgage dated March 23, 2000, and recorded at Book 645, page 943 to lViortgage Electronic Registration Systems, Inc.. 2. The Defendants defaulted on the above-referenced mortgage and, as a result of said default, Plaintiff initiated the instant mortgage foreclosure action. Attached hereto, made party hereof, and marked as Exhibit "A" is a true and correct copy of Plaintiff's Mortgage Foreclosure Complaint. Defendants failed to respond to the Complaint, and Default Judgment was entered on October 30, 2001. Attached herelo, made part hereof, and marked as Exhibit "B" is a true and correct copy of the Praecipe for Judgment. Pursuant to a Writ of Execution, the Property was listed for Sheriff's Sale and Notice of Sheriff's Sale of Real Estate was sent to all lienholders appearing on record. Attached hereto, made part hereof, and marked as Exhibit "C" is a true and correct copy of Plaintiff's Affidavit pursuant to Pa. R.C.P. 3129.1. The Property was first listed for Sheriff's sale: for March 6, 2002 but was postponed until June 5, 2002 to make service on the Defendants. The Property was offered at Sheriff's Sale on June: 5, 2002 and the Plaintiff was the sole and successful bidder of the property for the costs of sale. By virtue of a mortgage dated June 4, 1996, Greentree Consumer Discount Company has an interest in the mortgaged premises but, through inadvertence or mistake, Greentree was not notified of the sale. A subordination agreement in favor of the mortgage on which Plaintiff foreclosed and subordinating that of Greentree's was filed of record on July 23, 1998 in Miscellaneous Book 583, page 606. As there was little to no equity in the property, Greentree's interest was not adversely affected by the June 5, 2002 Sheriff's Sale. 9. Greentree Consumer Discount Company has been contacted with respect to the within motion and does not object to l:he relief requested. 10. Due to the length of time elapsing between lhe mortgage date and the date of the sale, Greentree's interest was not adw~rsely affected by this sale. 11. Plaintiff requests that the June 5, 2002 Sheriff's Sale of the Property be confirmed and that the interest of Greentree Consumer Discount Company be divested, nunc pro tunc. WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiff's Motion and confirm the June 5, 2002 Sheriff's Sale of the property located at 564 Gutshall Road, Boiling Springs, PA 17007. Date Respect:fully Submitted, Fede~..~~ Daniel (.J. Schmi~, L~quir~-~-"~ FEDERMAN & PHELAN By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215)563-7000 ATTORNEY FOR PETITIONER MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PAUL J. BEAR, JR. APRIL D. BEAR COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY NO. 01-5313 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO CONFIRM SALE AND DIVEST INTEREST~ NUNC PRO YUNC On July 23, 1998, Paul J. Bear, Jr. and April D. Bear made, executed and delivered a mortgage upon the premises known as 564 Gutshall Road, Boiling Springs, PA 17007, to Mortgage Investors Corporation which mortgage was recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No. 1470, Page 280, and which Mortgage was assigned to Mortgage Electronic Registration Systems, Inc. The Defendants defaulted on the above-referenced mortgage and, as a result of said default, Plainfiffinitiated the instant mortgage foreclosure action. Following entry of Default Judgment a Writ of Execution was issued and the Property was listed for Sheriff's Sale. Notice of Sheriff's Sale of Real Estate was sent to all lienholders appearing on record. Date: '7/3 The Property was offered at Sheriff's Sale on June 5, 2002 and the Plaintiffwas the sole and successful bidder of the property for the costs of sale. By virtue of a mortgage dated June 4, 1996, Greentree Consumer Discount Company has an interest in the mortgaged premises but, through inadvertence or mistake, Greentree was not notified of the sale. As there was little to no equity in the property, Greentree's interest was not adversely affected by the June 5, 2002 Sheriff's Sale. Additionally, Greentree Consumer Discount Company has been contacted with respect to the within motion and does not object to the relief requested Plaintiff is without an adequate remedy at law and will suffer irreparable harm unless the requested relief is granted as Greentree's interest remains a cloud on title. This Court has plenary power to administer equity according to well-settled principals of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia. 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exemise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. There is no equity in the property foreclosed and Greentree does not object to the relief. Respectfully submitted: Daniel G. Schn~eg,g, E~gi~'F_~ Attorney for Plaint~'i'i-ff~ c~ ,-~ FEDERMAN & PHELAN By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 ,(215)563-7000 ATTORNEY FOR PETITIONER MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. PAUL J. BEAR, JR. APRIL D. BEAR : COURT OF COMMON PLEAS · CWIL DIVISION : : CUMBERLAND COUNTY NO. 01-5313 CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a tree and correct copy of Plaintiff's Motion to Confirm Sale and Divest Interest was served upon the following: Paul J. Bear, Jr. April D. Bear 564 Gutshall Road 564 Gutshall Road Boiling Springs, PA 17007 Boiling Springs, PA 1'7013 Paul J. Bear, Jr. 1104 Claremont Road Carlisle, PA 17013 April D. Bear 355 N. East Street Carlisle, PA 17013 Conseco Finance Consumer Discount Company f/k/a Greentree Consumer Discount Company 3401 Hartzdale Drive, Suite 132 Camp Hill, PA 17011 Kirkland and Ellis Attn: Dryden J. Liddle, Esquire Citigroup Center 153 East 53rd Street New York, NY 10022 (Continued on next page) Dominic Baglio and Shannon Schaefer Conseco Home Equity and Home Improvement Div. 7360 S. Kyrene Road Tempe, AZ 85283 Brian F. Corey, Esquire General Counsel Conseco Finance Corporation 1100 Landmark Towers 345 St. Peter Street Saint Paul, MN 55102 Becker & Poliakoss, P.A. Attn: Ivan J. Reich 3111 Sterling Road Fort Lauderdale, FL 33312-6566 Date: By: Respectfidly submitted: FI~ERMAN AND PHELA~-~i~LLp EXHIBIT "A" FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COiVIMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff PAUL I. BEAR, YR., A/K/A PAUL $. BEAR APRIL D. BEAR 726 NORTH HANOVER STREET CARLISLE, PA 17013 EDERMAN AND PHELAN , ',. ibi~F.A~ RETURN TERM Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURF. NOTICE **THIS FIRM IS A 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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 tbr 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. We hereby ce~ly lhe within to be e true and correct copy of the original filed of record FEDERMAN AND PHELAN Loan e.: 505194375/BCF CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHffADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff NO. TERM PAUL I. BEAR, JR., A/K/A PAUL J. BEAR APILIL D. BEAR 726 NORTH HANOVER STREET CARLISLE, PA 17013 CUMBERLAND COUNTY Defendant(s) CML ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A 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 AND THiS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 f~r any other claim or relief requested by the Plaintiff. You may lose money or property or othe. r rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Loan ~: 505194375/BCF CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCD~TION 2 LIBERTY AVENUE CARLISLE, Pa 17013 (717) 249-3166 correct copy of the original filed of record FEDERMAN AND PHEi..AN 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. Plaintiffis MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mo:rtgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: C1TIMORTGAGE, INC., D/B/A CITICORP MORTGAGE~ [NC. 27555 FARMINGTON ROAD FARMINGTON HILLS, MI 48334-3357 The name(s) and last known address(es) of the Defendant(s) are: PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR 726 NORTH HANOVER STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 7/13/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION, which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1470, Page 280. By Assignment of Mortgage recorded 9/15/98 the mortgage was assigned to SOURCE ONE MORTGAGE SERVICES CORP. which Assignment is recorded in Assignment of Mortgage Book No. 588, Page 502. By Assignment of Mortgage recorded 6/6/2000 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 645, Page 943. 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 4/I/01 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. The following amounts are due on the mortgage: Principal Balance Interest 3/l/01 through 9/1/01 (Per Diem $16.48) Attorney's Fees Cumulative Late Charges 7/13/998 to 9/1/01 Cost of Suit and Title Search Subtotal $85,941.03 3,048.80 4,000.00 142.20 550.00 $93,682.03 Escrow Credit 0.00 Deficit 562.95 Subtotal $ 562.95. TOTAL $94,244.98 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event ofa tlhird party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $94,244.98, together with interest from 9/1/01 at the rate of $16.48 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. /s/Frank Federman FRANK FEDEILMAN, ESQUIRE Attomey for Plaintiff ALL that certain t~ac~ or parcel of land and premise, s, situate, lying and being in MONROR TOWNSHIP, in Cumberland County, Pennsylvania, more particularly bounded and described as follows: ~ BEGINNING on the Fast by Mountain Street; on the South by land now or formerly of Gerald R. Bowers; on the We~t by a 16 foot alley and on the North by land now or formerly of' Milton Cameron; having a frontage on Mountain Street of 100 fe~t and extending at an even width, a depth of I60 feet to the alley ia the rear, being improved with a 2 ½ story frame dwelling house known and numbered as 564 Gutshall Road, Boiling Springs, Pennsylvania. VERIFICATION PERRY POLLARD hereby states that he is MANAGER of CITIMORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of [8 Pa. C.S. Sec. 4904 relating to unsworn falsification to auth~ EXHIBIT "B" FEDERMA~N AND'PHELAN By: FRANK FEDERMAN Identification No. 12248 A(torney. for Plaintiff ONE I'ENN CENTER AT SUBURBAN STATION 16'17~JOH~ F~ KENNEDY BLVD., SUITE 1400 PHIL;a_DELPI-~IA:; PA 19103-1814 (215¥ 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, PAUL J. BEAR, JR., A/ICJA PAUL J. BEAR APRIL D. BEAR Defendant(s). CUMBERLAND COUNTY COURT/OF COMMON PLEAS CIVIL DMSION NO. 01-5313 CIVIL TERM ?~ PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY:' Kindly enter judgment in favor of the Plaintiff and against PAUL J. BEAR~ JR., A/K/A PAUl, J. BEAR and APRIL D. BEAR, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days fi.om service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/1/01 to 10/30/01 TOTAL $94,244.98 $972.32 $95,217.30 I hereby certify that (1) the addresses of the Plaintiff and iDefendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQ~ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY FEDERMPLN ~ID ?HELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE pENN CENTER AT SUBURBAN STATION 1617 JOHNK KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 MORIGAGE.ELECTRONIC REGISTRATION SYSTEMS, INC, 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR Defendant(s)· CUMBERLAND COUNTY COURT OF COMMON PLEAS C/VIL DMSION NO. 01-5313 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FA/LURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY:. Kindly enter judgment in favor of the Plaintiff and against PAUL J. BEAR~ JR.~ A/K/A PAUl, J. BEAR and APRIL D. BEAR, Defendant(s) for failure to file a~ Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 9/1/01 to 10/30/01 TOTAL $94,244.98 $972.32 $95,217.30 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY (Rule of Civil Procedure No. 236) - Revised IN THE' COURT ~OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, PAUL J. BEAR, JR., A/K/A PAUL J. BEAR APRIL D. BEAR Defendant(s). C[~MBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-5313 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 2001. By: DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SU1TE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A 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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A l-I EMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDERM~N.afid PHELAN By: FRANK FEDERMAN Identific.ation N0.~12248 ONE PENN~ CENTER.AT SUBURBAN STATION 161~.JO~ F. KENNEDY BLVD., SUITE 1400 Prlo;ADELpHIA, PA 19103-1814 (215)-563~7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, PAUL J. BEAR, JR., AfK/A PAUL J. BEAR APR~ D. BEAR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5313 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' a~nd Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PAUL J. BEAR, JR., AfK/A PAUL J. BEAR is over 18 years of age and resides at, 1101 CLAREMONT RD., CARLISLE, PA 17013. (c) that defendant APRIL D. BEAR is over 18 years of age, and resides at, 355 N. EAST STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of i[8 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMA~ ~ ?H~LA~ BYV FRANK FEDERMAN, ESQUIKE Identification No. ~2248 161:7 Jo~ F. Ken,dy Boulev~d Suite 1400 PMt~dpM% PA 19103-1814 Attorney fol' Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff VS. : COURT 'DF. COMMON PLEAS : CIVIL :DIVISION : CUMBERLAND COUNTY PAUL J. BEAR JR. : NO. 01-5313-CIVIL A/K/A PAUL J. BEAR APRIL D. BEAR Defendant(s) TO: PACrL J. BEAR JR. A/K/A PAUL J. BEAR 1101 CLAR~IONT RD. CARLISLE PA 17013 DATE OF NOTICE: OCTOBER 16, 2001 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 ~ ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed 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 (10) 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 in~ortant rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCL&TION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~rank Federman, Esquire Attorney for PlainEiff FEDERMAN AND pHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 $ohn F; Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ('21 ~) sa~-?nnn Attomey for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. : COURT ,DF COMMON PLEAS : CIVIL :DIVISION : CUMBERLAND COUNTY PAUL J. BEAR ,.TR. A/K/A PAUL J. BEAR APRIL D. BEAR : NO. 01~5313-CIVIL Defendant TO: APRIL D. BEAR 355 N. EAST STREET CARLISLE, PA 17013 DATE OF NOTICE: OCTOBER 16, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS ~ENT 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 ~N ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN ~SAINST PROPERTY. IMPORTANT NOTIC_~E You are in default because you have failed 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 (10) 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 ir~ortant rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCUtTION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 'Philadelphia, PA 19103-1814 Attorney £or Plaintiff MORTGAGE ELECTRONIC REGISTRATION'SYSTEMS,INC. Plaintiff VS. PAUL J. BEAR JR. A/K/A PAUL J. BEAR APRIL D. BEAR Defendant TO: APRIL D. BEJkR 755 N. EAST STREET CkRLISLE, PA 17013 : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERL~ND COUNTY : NO. 01-5313-CIVIL DATE OF NOTICE: OCTOBER 16, 2001 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 ~NY 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 kN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Fra:~k Federman, Esquire Attorney for Plaintiff EXHIBIT "C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CIVIL ACTION VS. PAUL J. BEAR, JR. APRIL D. BEAR CIVIL DIVISION NO. 01-5313 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby vedfy that on 11/1/01 & 3118/02 true and correct copies of the Notice of Sheriff's; sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 11/1/01 & 3/18/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: April 18, 2002 FRANK FEDERMAN, ESQUIRE' Attorney for Plaintiff 7106 4575~ 1294 4773 3933 TO: PAUL J. BEAR, IR., MK/A. PAUL I. BEAR 1101 CLAREMONT RDi CARLISLE, PA 17013 ~ SENDER: LEO REFERENCE: SALES (505194375) PS Form 3800, June 2000 US Postal Service Receipt for Certified Mail RETURN [ I~tage 34 RECEIPT Certiflecl Fee ?, I 0 SERVICE Return Receip~ Fee 1.50 IRes~ic~ed De~ery ~ ~_. ' Total Postage & Fees ~'~ ~ 7160 39131 9844 7039 2470 TO: APR/L D. BEAR 355 N. EAST STREET CARLISLE, PA 17013 SENDER: KMD REFERENCE: SALES BEAR SERVICE Return Receipt Fee US Postal Service Receip,t for Certified Mail 34 2.10 1.90 3.20 7.54 7]~l[, 4575 1294 4773 .3940 TO: APRIL D. BEAR ~ 355 N. EAST STRI~ET CARLISLE, PA 17013 SENDER: LEO REFERENCE: SALES (505194375) TO: PAUL .L BEAR, ,IR., A/K/A PAUL J. BEAR 1101 CLAREMONT ROAD CARLISLE, PA 17013 SENDER: EMD REFERENCE: SALES BEAR 7160 3901 9844 7039 2500 'O: PAUL J. BEAR, JR., A/K/A PAUL J. BEAR 564 GUTSHALL ROAD, BOILING SPRINGS, PA 17007 ;ENDER: KNID IEFERENCE: SALES BEAR 'S Form 3800, June 2000 US Postal Service Receipt for Certified Mail ~ta;Recetpt Fee Certifi~ Fee .34 2.10 1.90 ~4 7160 3901 9844 7039 2494 TO: APRIL D. BEAR 564 GUTSHALL ROAD, BOILING SP1HNGS, PA 17007 SENDER: KIv[D REFERENCE: SALES BEAR US Postal Service Receipt for Certified Mail ;34 2.10 1.90 VERIFICATION I, Daniel G. Schmieg, Esquire, hereby states that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Motion to Confirm Sheriff's Sale and Divest Interest, Nunc Pro Tunc, is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 l:'a. C.S. §4904 relating to unsworn falsification to authorities. Daniel G. Sc 'hm~ FEDERMAN & PHELAN By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn C~nter at Suburban Station Suite 1400 Philadelphia, PA 19103 (215)563-7000 ATTORNEY FOR PETITIONER MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PAUL J. BEAR, JR. APRIL D. BEAR COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO..01-5313 CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a rote and correct copy of Plaintiff's Motion to Confirm Sale and Divest Interest was served upon the following: Paul J. Bear, Jr. 564 Gutshall Road Boiling Springs, PA 17007 Paul J. Bear, Jr. 1104 Claremont Road Carlisle, PA 17013 April D. Bear 564 Gutshall Road Boiling Springs, PA 17013 April D. Bear 355 N. East Street Carlisle, PA 17013 Conseco Finance Consumer Discount Company f/k/a Greentree Consumer Discount Company 3401 Hartzdale Drive, Suite 132 Camp Hill, PA 17011 Kirkland and Ellis Attn: Dryden J. Liddle, Esquire Citigroup Center 153 East 53rd Street New York, NY 10022 (Continued on next page) Dominic Baglio and Shannon Schaefer Conseco Home Equity and Home/mprovetnent Div. 7360 S. Kyrene Road Tempe, AZ 85283 Brian F. Corey, Esquire General Counsel Conseco Finance Corporation I 100 Landmark Towers 345 St. Peter Street Saint Paul, MN 55102 Becker & Poliakoss, P.A. Attn: Ivan J. Reich 3111 Sterling Road Fort Lauderdale, FL 33312-6566 Respectfully submitted: By: te1 Attorney for Plaintiff FEDERMAN & PHELAN By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215)563 -7000 ATTORNEY FOR PETITIONER MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PAUL J. BEAR, JR. APRIL D. BEAR COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-5313 ORDER AND NOW, this ~ day of ~003, upon consideration of Plaintiff's Motion to Confirm Sale and Divest Interest, Nunc Pro Tunc, and any response thereto, it is hereby ORDERED and DECREED that: 1. The June 5, 2002 Sheriff's Sale of the property located at 564 Gutshall Road, Boiling Springs, PA 17007, is hereby CONFIRMED; and 2. The interest of Greentree Consumer Discount Company in said property is hereby DIVESTED as though fully notified in ac ~ . ~ · Pa.R.C.P. 3129.2. ~ 7!~