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HomeMy WebLinkAbout07-2336PHELAN HALLINAN &SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ,215) 563-7000 153142 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. CHRISTOPHER M. UMBERGER A/K/A CHRISTOPHER U. UMBERGER A/K/A CHRISTOPHER M. COVERT-UMBERGER MICHELLE HAWK A/K/A MICHELLE A. HAWK A/K/A MICHELLE UMBERGER 12 WEST MAIN STREET 5,11,L~~I:I~-/~PR~.1t'dE; T~ PA 17072 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~ ~' -x.33 C, CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 153142 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 #: 153142 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 File #: 153142 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 #: 153142 Plaintiff is WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: CHRISTOPHER M. UMBERGER A/K/A CHRISTOPHER U. UMBERGER A/K/A CHRISTOPHER M. COVERT-UMBERGER MICHELLE HAWK A/K/A MICHELLE A. HAWK A/K/A MICHELLE UMBERGER 12 WEST MAIN STREET SILVER SPRING TWP, PA 17072 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/20/2001 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1734, Page: 3181. By Assignment of Mortgage recorded 10/01/2001 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 681, Page 1931. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 153142 5 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2007 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 $92,994.23 Interest $2,322.27 12/01 /2006 through 04/20/2007 (Per Diem $16.47) Attorney's Fees $1,325.00 Cumulative Late Charges $153.60 09/20/2001 to 04/20/2007 Cost of Suit and Title Search 550.00 Subtotal $97,345.10 Escrow Credit $0.00 Deficit $73.72 Subtotal $73.72 TOTAL $97,418.82 7 If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 153142 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. 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. File #: 153142 10. 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 $97,418.82, together with interest from 04/20/2007 at the rate of $16.47 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 HALLIN N &SCHMIEG, LLP r c By: s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLiNAN, ESQUIRE Attorneys for Plaintiff File #: 153142 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Village of New Kingstown in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern side of Main Street, also known as US Route 11 ('Carlisle Pike') in the Village of New Kingstown, at corner of lot of ground now or formerly of Robert Bear; thence along said latter lot in a northerly direction, a distance of 182 feet to a public alley; thence along said public alley in an easterly direction a distance of 41 feet to a lot now or formerly of George Lesher; thence by the latter lot in a southerly direction a distance of 182 feet to said Main Street; thence by the northern side of Main Street in a westerly direction a distance of 41 feet to the place of BEGINNING. BEING improved with a three story brick dwelling house with a two story frame building on the rear of the lot, said premises being known and numbered as 12 West Main Street, New Kingstown, PA 17072. BEING the same premises which Charles W. Staab and Melanie S. Staab, husband and wife, by their deed dated October 31, 2000, and recorded November 2, 2000, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 233, Page 130, granted and conveyed unto Michelle Hawk, Mortgagor herein. PROPERTY BEING: 12 WEST MAIN STREET File #: 153142 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of 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 unsworn falsification to authorities. ~l 1~z~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ .c _ ~~ ~ `~ I~" .~ ~ ^ ; w ~ ~ Vl V _ 1~ ,.._ 1 ~ '-~ •_ ~`-~ .::~ 1 F~ ~f^ N " J o ~ -17 ~-..~ ~ rn~ N -~ W C C ~~ GJ Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 j ason. Seidman@fedphe. com Attorney for Plaintiff Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. vs. Christopher M. Umberger a/k/a Christopher U. Umberger a!k/a Christopher M. Covert-Umberger Michelle Hawk a/kla Michelle A. Hawk alk/a Michelle Umberger Court of Common Pleas Civil Division Cumberland County No. 07-2336 CNIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Michelle Hawk a/k/a Michelle A. Hawk a/k/a Michelle Umberger, by first class mail and certified mail to the Defendant's last known address, 6110 Springford Drive, Apt. D2, Harrisburg, PA 17111 and mortgaged premises, 12 West Main 4 Street, New Kingston, PA 17072, posting of the mortgaged premises, 12 West Main Street, New Kingston, PA 17072, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: l .Attempts to serve Defendant, Michelle Hawk a/k/a Michelle A. Hawk a/k/a Michelle Umberger, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 12 West Main Street, New Kingston, PA 17072. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the Defendant does not reside at said address. 2. The Sheriff of Dauphin County attempted to serve the Defendant at the last known address, 6110 Springford Drive, Apt. D2, Harrisburg, PA 17111. As indicated by the Sheriff s Return" of Service attached hereto as Exhibit "B", no service was made as the Defendant does not reside at said address. 3. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 3. Plaintiff contacted the Prothonotary's Office and as of May 31, 2007, there has been no other ruling on this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on May_22 2007 and requested, Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's May 22, 2007 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked'Exhibit "D". 5 5. Plaintiff submits that it has made a good faith effort to locate the Defendant, Michelle Hawk a/k/a Michelle A. Hawk a/k/a Michelle Umberger, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorneys for Plaintiff May 31, 2007 6 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 j ason. Seidman@fedphe. com Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. vs. Christopher M. Umberger a/kia Christopher U. Umberger alk/a Christopher M. Covert-Umberger Michelle Hawk a/k/a Michelle A. Hawk a!k/a Michelle Umberger Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-2336 CNIL TERM MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by ar 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. 7 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. Polls, 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. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibits "A" and "B", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". 8 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: ~v `~/ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: May 31, 2007 9 ~~~~~~~ . SHERIFF'S RETURN - NOT FOUND CASE N0: 2007-02336 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A ET AL VS UMBERGER CHRISTOPHER M ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named HAWK MICHELE AKA MICHELE A unable to locate Her in his COMPLAINT - MORT FORE , ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT HAWK AKA MICHELLE UMBERGER but was bailiwick. He therefore returns the the within named DEFENDANT HAWK AKA MICHELLE UMBERGER 12 WEST MAIN STREET NEW KINGSTOWN, PA 17072 T~FFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff ' s Costs Docketing Service Not Found Surcharge S o answers : '"J ~,,..- ~,J f +' ~... 0 0 r 5.00 R. T as ne 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 05/08/2007 Sworn and Subscribed to before me this day of NOT FOUND as to HAWK MICHELE AKA MICHELE A A.D. EX1~ibi+ B (~@ffice of tE[e o~l~eriff Mary Jane Snyder Real Estate Deputy William T. Tu11y Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WELLS FARGO BANK NA vs County of Dauphin ~ HAWK MICHELLE Sheriff's Return Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 0597-T - - -2007 OTHER COUNTY N0. 07 2336 CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for HAWK MICHELLE AKA MICHELLE A HAWK; MICHELLE UMBERGER the DEFENDANT named in the within NOTICE & COMPLAINT IN MORT FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, April 27, 2007 AS PER VINOD KBODDHURI DEF DOES NOT LIVE AT ADDRESS Sworn and subscribed to before me this 3RD day of MAY, 2007 ~ ~~ NOTARIAL SEAL MARY JANE SI~?YDER, Notay Public Highspire, Dauphin County My Conunission Expires Sept 1, 2010 So Answers, Sheriff of Dauphin County, Pa. A By Deputy Sheriff Sheriff's Costs: $35.25 PAID BY COUNTY STRUBHA ~.X~t i b i-~ C FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 153142 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Christopher M. Umberger & Michelle Hawk Property Address: l2 West Main Street, New Kingston, PA 17072 Possible Additional Mailing: 6110 Springford Drive, Apartment D2, Harrisburg, PA 17111 I, Kerri Smith, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Christopher M. Umberger -xxx-xx-4716 Michelle Hawk -xxx-xx-5168 B. EMPLOYMENT SEARCH Christopher M. Umberger & Michelle Hawk - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Christopher M. Umberger (s) at: 12 West Main Street, New Kingston, PA 17072 & Michelle Hawk reside(s) at :6110 Springford Drive, Apartment D2, Harrisburg, PA 17111. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Christopher M. Umberger & Michelle Hawk. B. On 05-17-07 our office made several telephone calls to (717) 691-4716 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS - On 05-17-07 our office made several phone calls in an attempt to contact Ken Heffernan at (717) 691-1745, 9 West Main Street, Mechanicsburg, PA 17055 and received the following information: disconnected. - On 05-17-07 our office made several phone calls in an attempt to contact James W. Stine at (717) 241-4228,10 West Main Street, Mechanicsburg, PA 17055 and received the following information: disconnected. - On 05-17-07 our office made several phone calls in an attempt to contact Timothy J. Pierce at (717) 796-1586,11 West Main Street, Mechanicsburg, PA 17055 and received the following information: no answer. - On 05-17-07 our office made several phone calls in an attempt to contact Jill Adams at (717) 651-9348, 6110 Springford Drive, Harrisburg, PA 17111 and received the following information: no answer. - On 05-17-07 our office made several phone calls in an attempt to contact Paul C. Siegrest at (717} 234-2171, 61.10 Springford Drive, Harrisburg, PA 17111 and received the following information: no answer. - On 05-17-07 our office made several phone calls in an attempt to contact Natoiya Hasan at (717) 540-0084, 6110 Springford Drive, Harrisburg, PA 17111 and received the following information: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 05-17-07 we reviewed the National Address database and found the following information: Christopher M. Umberger & Michelle Hawk-12 West Main Street, New Kingston, PA 17072. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 6110 Springford Drive, Apt. 2D, Harrisburg, PA 17111. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Christopher M. Umberger & Michelle Hawk. VI.OTHER INQUIRIES A. DEATH RECORDS As of 05-17-07 Vital Records and all public databases have no death record on file for Christopher M. Umberger & Michelle Hawk. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Christopher M. Umberger & Michelle Hawk residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Christopher M. Umberger - 05-1974 Michelle Hawk -12-22-1971 B. A.K.A. Michelle A. Hawk AKA Michelle A. Umberger * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. ,° AFFIANT - Kerri Smith Full Spectrum Services, Inc. Sworn to and subscribed before me this 17th day of May 2007. The above information is obtained from available public records kls d we are only liable for the cost of the affidavit. MOPIWEA~-TH OF f'ENN~YL.~/AIVI~ NQTARIAL SF~1l. RYAN P GAl-V1N, ~I ~ t;itY d Pb'"a"~-ia~ t~j OQmmission Exps~es v Exhibit D .- I d W O ~ 0. /.~ q, ~ ' N 0; +~ E"~~ ~' ,._ u~~i ~ >,`F '~ ~ j ____~~-~ ~ y 4> ~ r~ ti ~ p.l ~, ~ ~~ ~~ ~N~W ~ o `~ ~' ~ ~ ~~~ "~ ~„ ~ L C~3 o ~a~~ C~ d" '~ ~, ~ rn dr N ~ b ,~ o a~ A a ~ a~i Q a ~ ~ '''~ c5 '° o w ~ a~ "' ~~ ~a ~~:. M w ~ '~ ~ IM Z~ p~1, ~r~n ~ d ~ ~ ~Cj~~¢ y ~ a V1 ,Z ~ ~ v p ~ r~ .~ O W ~~ rZ ~'N'"~~ y ©~ ~ ~ ~., ~ ~F ~ ^r ~ 9E,. ~ •, ~ 9E N ~ ~ ai y Oyi d "'~ c ~ O .~ ~ ~ ~ `~' Uy ~ G ~„ O G . ~ ~ O N 3 S tX0 'w ¢~ S ti ~ ~ N ~ o~$ .~ ~~;~g~ ~~ •~~o.~u N Y -O G per' ~ •C G', G ti ~ •~; w ~ ~ 4 67 ~ ~¢,~ 'p0 'O G ~ .'~-~ b4 r ~~ ~ ~ v Q ~ ~ o ~? ~ > p 0 0 p N ~ fSrr "O N ~ W _ ' O ~ '^ O ~ G '' N ~~.. ~ y ~ o N 5- G ~ W V ~ N ~ O ~~v ~.,w '.. N 1 CO ~ ~ . j O ~ M_ V ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W 'b ~ YC it ' ~ a` 6? +•+ w X V .~ c~tl O ~ ~ ~po E-~ ¢ ~ a a .~ ~U/ W 1..~ W O ~. ~' T V V 0^ W R. ~ o ~0. ,.O ~ 7 'b .. ~ o ~' F ~ i ~o 4.. * o a * ~ a _ r, z PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.seidman@fedphe.com Jason Seidman, 1394 Service Department Representing Lenders in Pennsylvania and New Jersey May 24, 2007 Michelle Hawk a/k/a Michelle A. Hawk a/k/a Michelle Umberger b110 Springford Drive, Apt. D2 Harrisburg, PA 17111 RE: Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. vs. Christopher M. Umberger a/k/a Christopher U. Umberger a/kJa Christopher M. Covert-Umberger and Michelle Hawk a/k/a Michelle A. Hawk a/k/a Michelle Umberger Premises Address: 12 West Main Street, New Kingston, PA 17072 Cumberland County, No. 07-2336 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by May 31, 2007. Should you: have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Seidman For Daniel G. Schmieg, Esquire 13 ~IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. Civil Division vs. No. 07-2336 CIVIL TERM Christopher M. Umberger a/k/a Christopher U. Umberger a/k/a Christopher M. Covert-Umberger Michelle Hawk a/k!a Michelle A. Hawk a/k/a Michelle Umberger ORDER AND NOW, this day of , 2007, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Michelle Hawk a/k/a Michelle A. Hawk a/k/a Michelle Umberger, by: 1. Posting of the premises: 12 West Main Street, New Kingston, PA 17072. 2 2. First class mail to Michelle Hawk aik/a Michelle A. Hawk a/k/a Michelle Umberger at the last known address, 6110 Springford Drive, Apt. D2, Harrisburg, PA 17111, and the mortgaged premises located at 12 West Main Street, New Kingston, PA 17072; and 3. Certified mail to Michelle Hawk a/k/a Michelle A. Hawk a/k/a Michelle Umberger at the last known address, 6110 Springford Drive, Apt. D2, Harrisburg, PA 17111 and the mortgaged premises located at l2 West Main Street, New Kingston, PA 17072; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: J. Cc: Michelle Hawk a!k/a Michelle A. Hawk a/k/a Michelle Umberger ,, 12 West Main Street, New Kingston, PA 17072 6110 Springford Drive, Apt. D2, Harrisburg, PA 17111 3 Phelan Hallman & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 j ason. seidman@fedphe. com Attorney for Plaintiff Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. vs. Christopher M. Umberger a/k/a Christopher U. Umberger a/k/a Christopher M. Covert-Umberger Michelle Hawk a/k/a Michelle A. Hawk a/k1a Michelle Umberger Court of Common Pleas Civil Division Cumberland County No. 07-2336 CIVIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallman & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Michelle Hawk a/k/a Michelle A. Hawk a(k/a Michelle Umberger, by first class mail and certified mail to the Defendant's last known address, 6110 Springford Drive, Apt. D2, Hamsburg, PA 17111 and mortgaged premises, 12 West Main 4 Street, New Kingston, PA 17072, posting of the mortgaged premises, 12 West Main Street, New Kingston, PA 17072, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Michelle Hawk a/k/a Michelle A. Hawk aik/a Michelle Umberger, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 12 West Main Street, New Kingston, PA 17072. As indicated by the Sheriff s Return of Service attached hereto as Exhibit "A", no service was made as the Defendant does not reside at said address. ~ ` 2. The Sheriff of Dauphin County attempted to serve the Defendant at the last known address, 6110 Springford Drive, Apt. D2, Harrisburg, PA 17111. As indicated by the Sheriff s Return of Service attached hereto as Exhibit "B", no service was made as the Defendant does not aside at said address. 3. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 3. Plaintiff contacted the Prothonotary's Office and as of May 24, 2007, there has been no other ruling on this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on May 22~, 2007 and requested Defendant's concurrence. 5. Plaintiff submits that it has made a good faith effort to locate the Defendant, Michelle Hawk a1k/a Michelle A. Hawk a/k/a Michelle Umberger, but has been unable to do so. 5 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: aniel G. Schmieg, Esquire Attorneys for Plaintiff May 24, 2007 6 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 j ason. Seidman@fedphe. com Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. vs. Christopher M. Umberger a/k/a Christopher U. Umberger a/k/a Christopher M:'Covert-Umberger Michelle Hawk . a/k/a Michelle A. Hawk a/kla Michelle Umberrger Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-2336 CIVIL TERM MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. 7 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. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When: service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriff s Return of Service, marked hereto as Exhibits "A" and "B", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasona~ile Investigation, marked Exhibit "C". f; 8 ?t WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallman & Schmieg, LLP sy: Daniel G. Schmieg, Esquire ~' Attorney for Plaintiff Date: May 24, 2007 9 VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP Daniel G. Schmieg, Esquire Attorney for Plaintiff May 24, 2007 10 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 j ason. Seidman@fedphe. com Attorney for Plaintiff Wells Fargo Bank, N.A., s/b/m to Court of Common Pleas Wells Fargo Home Mortgage, Inc. Civil Division vs. Cumberland County No. 07-2336 CIVIL TERM Christopher M. Umberger a/k/a Christopher U. Umberger a/k/a Christopher M. Covert-Umberger Michelle Hawk a/k/a Michelle A. Hawk a/k/a Michelle Umberger '' CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Michelle Hawk a/k/a Michelle A. Hawk atk/a Michelle Umberger: 12 West Main Street, New Kingston, PA 17072 6110 Springford Drive, Apt. D2, Harrisburg, PA 17111 11 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Date: May 24, 2007 Attorney for Plaintiff Cc: Christopher M. Umberger a/k/a Christopher U. Umberger a/k/a Christopher M. Covert-Umberger 12 West Main Street New Kingston, PA 17072 12 VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP . Ey: Daniel G. Schmieg, Esquire Attorney for Plaintiff May 31, 2007 10 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.seidman@fedphe.com Attorney for Plaintiff Wells Fargo Bank, N.A., s/b/m to Court of Common Pleas Wells Fargo Home Mortgage, Inc. Civil Division vs. Cumberland County No. 07-2336 CIVIL TERM Christopher M. Umberger a/k/a Christopher U. Umberger a/k/a Christopher M. Covert-Umberger Michelle Hawk a/k/a Michelle A. Hawk a/k/a Michelle Umberger CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court; Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Michelle Hawk a/k/a Michelle A. Hawk a/k/a Michelle Umberger: 12 West Main Street, New Kingston, PA 17072 6110 Springford Drive, Apt. D2, Harrisburg, PA 17111 11 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Date: May 31, 2007 Attorney for Plaintiff Cc: Christopher M. Umberger a/k/a Christopher U. Umberger a/k/a Christopher M. Covert-Umberger 12 West Main Street New Kingston, PA 17072 12 ~' O ~~ ~::> r ~ t_._ ~ . Fri ~' C....,,• "~ r .. ~.~ ~' 1 ',.' 7{1 ,~ .~ ....,~. .i~ ,, ~ "'V: PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 X215) 563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff vs. CHRISTOPHER M. UMBERGER A/KJA CHRISTOPHER U. UMBERGER A/K/A CHRISTOPHER M. COVERT-UMBERGER MICHELLE HAWK A/K/A MICHELLE A. ? IAWK A/K/A MICHELLE UMBERGER Defendants COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND County No. 07-2336 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: May 22, 2007 PHELAN HALLINAN & MIEG, LLP FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jcs, Svc Dept. File# 153142 N w r \a ~~ 0 C G ~- --?_' C ~, -r} i~: } ` ~~ . 's?, $%'f~ l !_~ r~ °.a __., c~. t ...» ~_ ,...~ -.~ -c- ! 3 ~; _:] C`? ~~3"S1 JUN 0410D7aLd IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., s!b!m to Wells Fargo Home Mortgage, Inc. vs. Christopher M. Umberger a!k/a Christopher U. Umberger a!k/a Christopher M. Covert-Umberger Michelle Hawk a/k/a Michelle A. Hawk a/k/a Michelle Umberger Civil Division No. 07-2336 CIVIL TERM ORDER AND NOW, this / ~ ~ day of Q,,,~..~, , 2007, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Michelle Hawk a!k/a Michelle A. Hawk a/k/a Michelle Umberger, by: 1. Posting of the premises: 12 West Main Street, New Kingston, PA 17072. 2 _ ~~1 ~"i ~f" ~{ ~J" r~ ~i.. j'J~s 1~f11 ~~+_~ t 1 %~~~ ft~ 2~ ,, ~.~v ~ Nct~, 3~,t`t_i``j,~E ~.~ 2. First class mail to Michelle Hawk a/k/a Michelle A. Hawk a/k/a Michelle Umberger at the last known address, 6110 Springford Drive, Apt. D2, Harrisburg, PA 17111, and the mortgaged premises located at 12 West Main Street, New Kingston, PA 17072; and 3. Certified mail to Michelle Hawk a/k/a Michelle A. Hawk a/k/a Michelle Umberger at the last known address, 6110 Springford Drive, Apt. D2, Harrisburg, PA 17111 and the mortgaged premises located at 12 West Main Street, New Kingston, PA 17072; and 4. 1`'ublication in accordance with PA. R.C.P. 430. BY THE COURT: ~,~~~ J. Cc: Michelle Hawk a/k/a Michelle A. Hawk a/k/a Michelle Umberger ~est Main Street, New Kingston, PA 17072 ~0 Springford Drive, Apt. D2, Harrisburg, PA 17111 ,~ie~an ~oa1'~nan`i' ~' nm~ey( 1 3 PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schrnieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 «~ 5~ Sh~_7nnn WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff vs. CHRISTOPHER M. UMBERGER A/K/A CHRISTOPHER U. UMBERGER A/K/A CHRISTOPHER M. COVERT- UMBERGER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY MICHELLE HAWK NO.07-2336 CNIL TERM A/K/A MICHELLE A. HAWK A/K/A MICHELLE UMBERGER Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAii, Pi1R~i1ANT Tn ('niJRT nRnFR I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons MICHELLE HAWK A/K/A MICHELLE A. HAWK A/K/A MICHELLE UMBERGER at 12 WEST MAIN STREET, NEW KINGSTON, PA 17072 and 6110 SPRINGFORD DRIVE, APT. D2, HARRISBURG, PA 17111 on •iI11VF 14. ?.!?~Z, in accordance with the Order of Court dated JUNE 11, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Junes 14, ~(1~7 ~~~., S, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff c~ ~ o c= ~ .~ ~, ~t- , w - - -. f ~; C_3l ? i=. ~ r" ,~ ~ } .. ar j ~ -G .. G°"3 PHELAN HALLINAN &SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 X215) 563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC Plaintiff vs. CHRISTOPHER M. UMBERGER A/K/A CHRISTOPHER U. UMBERGER A/K/A CHRISTOPHER M. COVERT-UMBERGER MICHELLE HAWK A/K/A MICHELLE A. HAWK A/K/A MICHELLE UMBERGER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND County No. 07-2336 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PH LAN HALLINAN & SCH G, LLP FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: June 14, 2007 /jcs, Svc Dept. File# 153142 A~ ~ '.~~. P ~ ~ {~ ^~ ~ `'i' ~ ~ ~ ) r-~~ '~ `~/ _ _ ~ t'_r //s1v, ~ ~~ E l ~ } {`. a' '- .+s ~ J.7 ~ > i t., J ~ ~ :~; c ~t cam.:, -c r CASE NO: 2007-0336 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BAI~jK_ N A ET AL UMBERGER CHRIS7~'OPHER M ET AL MICHAEL BARRIO Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with n COMPLAINT - MORT FORE was served upon UMBERGER CHRIS OPHER M AKA U AKA CHRISTOPHER M COVERT-UMBER the DEFENDANT at 2120:00 HOURS, on the 26th day of April 2007 at 12 WEST MAIW STREET NEW KINGSTOWN,~PA 17072 by handing to CHRISTOPHER UM~ERGER a true and att~sted copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Cos Docketing Service Affidavit Surcharge 5~311e7 ~.~,,, Sworn and Sub Gibed to before me thi of 18.00 7.68 .00 10.00 .00 X68 day So Answers: ~,,.r'' ,~/' /lam'" . ,r.e~' .,:.~~ r R. Thomas Kline 05/08/2007 PHELAN HALLINAN SCHMIEG By: eputy S eriff A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007- 2336 P COMMONTWEALTH 0 PENNSYLVANIA COUNTY OF CUMBE LAND WELLS FARGO BA1~K N A ET AL UMBERGER CHRTS'~OPHER M ET AL R. Thomas Klin ,Sheriff or Deputy Sheriff, who being duly sworn acc rding to law, says, that he made a diligent search and inquiry for th within named DEFENDANT HAWK MICHELE A MICHELE A HAWK AKA MICHELLE UMBERGER but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - M0~2T FORE , the within named DEFENDANT NOT FOUND as to HAWK MICHELE AKA MICHELE A HAWK AKA MICHE~.,LE UMBERGER , 12 WEST MAIN S'~PREET NEW KINGSTOWN,~PA 17072 DEFENDANT DOES~NOT LIVE AT GIVEN ADDRESS. Sheriff's Cost Docketing Service Not Found Surcharge 3/~~/dry ~ / So answers : ~' .--.> .00 5.00 R. T as ne 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLTNAN SCHMIEG 05/08/2007 Sworn and Sub cribed to before me this day of A SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-0 336 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBE LAND WELLS FARGO B K N A ET AL S UMBERGER CHRIS OPHER M ET AL R. Thomas Klin Sheriff or Deputy Sheriff who being duly sworn acc rding to law, says, that he made a diligent search and and inquiry fo the within named DEFENDANT to wit: HAWK MICHELLE KA MICHELLE A HAWK AKA MICHELLE UMBERGER but was unable to locate Her in his bailiwick. He therefore deputized the heriff of DAUPHIN serve the within COMPLAINT - MORT FORE On Ma 8th 2007 this office was in receipt of the attached retur from DAUPHIN Sheriff ' s Cost So an ..w s : ~-- ;,~-%' -- Docketing 6 . 00 ._,-%~--- " Out of County 9.00 - Surcharge 10.00 R. Thomas Kline Dep Dauphin Co my 35.25 Sheriff of Cumberland County Postage 1.35 ~} 6 0 s/.t ~C°I ~/~`~ 05/08/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this ay of , County, Pennsylvania, to A.D. I~ The C®urt ® C~tngnon ]Pleas ~~ ~~~~er~and ~a~~ty, P~~~sy~va~ai~~ Wells Fang Bank IVA S Christophe Umberger et al SERVE: Michelle H k aka Michelle A. Hawk No, 07-2336 civil aka Michel e Umberger Now, April ~4,.: 007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the S eriff of ~~'-n County to execute this Writ, this deputation being ma eat the request and risk of the Plaintiff. Now, within upon at by handing to a Sheriff of Cumberland County, PA ~~1d~V1t ®f ~er`V1C~ _ - ,20 ,at o'clock M. served the copy of the original and made known tc S o answers, Sworn and subscribe before me this day of the contents thereof. Sheriff of COSTS SERVICE ~ $ 20 MILEAGE AFFIDAVIT County, PA (1~ffi~E ~# t1~e o l~eriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth ~f Pennsylvania County of Dau WELLS FARGO BANK NA vs • HAWK MICHELLE Sheriff's Return Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 0597-T - - -2007 OTHER COUNTY N0. 07 2336 CIVIL I, Jack Lo wick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and i quiry for HAWK MICHELLE AKA MICHELLE A HAWK; MICHELLE UMBERGER the DEFENDANT named in the within NOTICE & COMPLAINT IN MORT FORECLOSURE and that I a unable to find him/her in the County of Dauphin, and therefore re urn same NOT FOUND, April 27, 2007 AS PER VINO)r Sworn and su before me this 3RD NOTAI MARY JANE SN Highspire, 1 My Commission DDHURI DEF DOES NOT LIVE AT ADDRESS scribed to So Answers, day of MAY, 2007 P / Sheriff of Dauphin County, Pa. By SEAL Deputy Sheriff [2, Notary Public Sheriff's Costs: $35.25 PAID BY COUNTY iin County •es Sept 1, 2010 STRUBHA PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (2152563-7000 Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. Plaintiff vs. Christopher M. Umberger, a1k/a Christopher U. Umberger, a/k/a Christopher M. Covert-Umberger Michelle Hawk, a/k/a Michelle A. Hawk, A/k/a Michelle Umberger Defendant(s) TO THE PROTHONOTARY: PRAECIPE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-2336 Please mark the above referenced case Discontinued and Ended without prejudice. X 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. Please withdraw the complaint and mark the action discontinued and ended without prejudice. ~ ~ ~,~~~ Date: ~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 153142 N ~ ~ ~~` _,r ., ,,,, --s t,:>i ,, ,, G % ~"? SHERIFF'S RETURN - REGULAR CASE NO: 2007-02336 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A ET AL VS UMBERGER CHRISTOPHER M ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HAWK MICHELLE AKA MICHELLE A HAWK AKA MICHELLE UMBERGER the DEFENDANT at 2008:00 HOURS, on the 20th day of June 2007 at 12 WEST MAIN STREET NEW KINGSTOWN, PA 17072 POSTED PROPERTY AT 12 WEST by handing to MAIN STREET NEW KINGSTOWN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.68 Posting 6.00 Surcharge 10.00 .00 L'2d~o7 t~,.y 41.68 Sworn and Subscibed to before me this day So Answers: ;~-rte'-g'-~ r--~-,-c.~' R. Thomas Kline 06/21/2007 PHELAN HALLINAN SCHM EG By: eputy Sheriff of A.D.