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HomeMy WebLinkAbout07-2569PHELAN 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 X215) 563-7000 153782 COUNTRYWIDE BANK, N.A. 400 COUNTRYWIDE WAY SIMI VALLEY, CA 93065-6298 V. Plaintiff DOUGLAS L. HASSINGER VICKI L. HASSINGER A/K/A VICKI L. BARRICK A/K/A VICKI L. WAGNER 150 WOODBINE STREET APARTMENT 24A KERNERSVILLE, NC 27284 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01 (. icjtC CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 153782 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 #: 153782 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 #: 153782 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 #: 153782 Plaintiff is COUNTRYWIDE BANK, N.A. 400 COUNTRYWIDE WAY SIMI VALLEY, CA 93065-6298 2. The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS L. HASSINGER VICKI L. HASSINGER A/K/A VICKI L. BARRICK A/K/A VICKI L. WAGNER 150 WOODBINE STREET APARTMENT 24A KERNERSVILLE, NC 27284 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/06/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1937, Page: 4740. . 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 153782 6 The following amounts are due on the mortgage: Principal Balance $34,820.88 Interest $1,703.73 11/01/2006 through 05/02/2007 (Per Diem $9.31) Attorney's Fees $1,250.00 Cumulative Late Charges $74.40 01/06/2006 to 05/02/2007 Cost of Suit and Title Search $750.00 Subtotal $38,599.01 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $38,599.01 7. 8. If the mortgage is reinstated prior to a Sheriffs 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. 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. File #: 153782 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $38,599.01, together with interest from 05/02/2007 at the rate of $9.31 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. PHELA ALLIN N & SCHMIEG, LLP 1 By: s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 153782 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND WITH BUILDINGS AND IMPROVEMENTS THEREON ERECTED, IF ANY, SITUATE IN WESTGATE DEVELOPMENT, South MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA BOUNDED AND DESCRIBED IN ACCORDANCE WITH FINAL SUBDIVISION Plan FOR PHASE NO. III FOR'WESTGATE' DEVELOPMENT PREPARED BY HARTMAN & ASSOCIATES, A COPY OF WHICH IS RECORDED IN THE RECORDER OF DEEDS OFFICE OF CUMBERLAND COUNTY IN Plan BOOK VOLUME 81, PAGE 15 ON May 23, 2000, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE Eastern RIGHT-OF-WAY LINE OF WESTGATE DRIVE AT THE LINE OF Lot NO. 46, SAID POINT BEING LOCATED THE FOLLOWING TWO (2) COURSES FROM THE Northern RIGHT-OF-WAY LINE OF PARKWAY DRIVE; 1) BY A CURVE TO THE RIGHT, HAVING A RADIUS OF TWENTY-FIVE FEET (R=25.00 FEET), AN ARC DISTANCE OF THIRTY-EIGHT AND NINETY-EIGHT HUNDREDTH FEET (A/L=38.98 FEET); 2) North SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS West (N 16 DEG 20 MINUTES 00 SECONDS W), A DISTANCE OF ONE HUNDRED FIFTY-EIGHT AND THIRTY-FIVE HUNDREDTHS FEET (158.35 FEET); THENCE FROM SAID POINT OF BEGINNING, BY SAID Eastern RIGHT-OF-WAY LINE OF WESTGATE DRIVE, North SIXTEEN DEGREES, TWENTYMINUTES, ZERO SECONDS West (N 16 DEG 20 MINUTES 00 SECONDS W), A DISTANCE OF EIGHTY AND ONE HUNDREDTHS FEET (80.01 FEET) TO A POINT; THENCE BY Lot NO. 44 File #: 153782 North SEVENTY-THREE DEGREES, FORTY MINUTES, ZERO SECONDS East (N 73 DEG40 MINUTES 00 SECONDS E), A DISTANCE OF ONE HUNDRED THIRTY FEET (130.00 FEET) TO A POINT: THENCE BY Lot NO. 79 South SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS East (S 16 DEG 20 MINUTES 00 SECONDS E), A DISTANCE OF EIGHTY AND ONE HUNDREDTH FEET (80.01 FEET) TO A POINT; THENCE BY Lot NO. 46 South SEVENTY-THREE DEGREES, FORTY MINUTES, ZERO SECONDS West (S 73 DEG 40 MINUTES 00 SECONDS W), A DISTANCE OF ONE HUNDRED THIRTY FEET (130.00 FEET) TO A POINT, THE PLACE OF BEGINNING. SAID TRACT CONTAINS 10,401.30 SQUARE FEET. BEING Lot #45 OF THE FINAL SUBDIVISION Plan OF WESTGATE DEVELOPMENT, MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. EACH Lot IN THIS SUBDIVISION WILL BE LIMITED TO NO MORE THAN 2,015.00 SQUARE FEET OF IMPERVIOUS SURFACE. IF A Lot OWNER DESIRES TO EXCEED THE TOTAL PERMISSIBLE IMPERVIOUS SURFACE TEH APPROVAL OF THE BOARD OF SUPERVISORS SHALL BE NECESSARY IN ADDITION TO ANY OTHER APPROVALS WHICH ARE REQUIRED BY LAW. THE TERM'IMPERVIOUS SURFACE' SHALL BE DEFINED AS SET FORTH IN THE SUBDIVISION ORDINANCE OF 1990. THIS RESTRICTION SHALL BE BINDING FOR ALL OWNERS, HEIRS, SUCCESSORS, AND ASSIGNS OF THE APPLICANTS AND EACH Lot OWNER. WITH THE APPURTENANCES THERETO. PROPERTY BEING: 104 WESTGATE DRIVE File #: 153782 VERIFICATION 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 unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: t? r ' (? 040 •J? c w C n Tit N CZD w Z_ Wl CD mfr' c .r -7th 0 SHERIFF'S RETURN - REGULAR CASE NO:•2007-02569 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE BANK NA VS HASSINGER DOUGLAS L ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HASSINGER VICKI L AKA VICKI L BARRICK AKA VICKI L WAGNER the DEFENDANT at 2000:00 HOURS, on the 8th day of May , 2007 at 104 WESTGATE DRIVE BOILING SPRINGS, PA 17007 VICKI HASSINGER by handing to 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 5f 30'0 ?, ? 16.00 05/10/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: oelw before me this day p y eriff of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: '2007-02569 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE BANK NA VS HASSINGER DOUGLAS L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HASSINGER DOUGLAS L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 104 WESTGATE DRIVE , NOT FOUND , as to , HASSINGER DOUGLAS L BOILING SPRINGS, PA 17007 DEFENDANT LIVES IN NC. Sheriff's Costs: Docketing 18.00 Service 5.76 Not Found 5.00 Surcharge 10.00 C7- .00 x-38.76 So answers -- R. Thomas Kline Sheriff of(Cumberland County PHELAN HALLINAN SCHMIEG 05/10/2007 Sworn and Subscribed to before me this day of A. D. AW "q PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISION V. DOUGLAS L. HASSINGER CUMBERLAND COUNTY VICKI L. HASSINGER NO. 07-2569 A/K/A VICKI L. BARRICK A/K/A VICKI L. WAGNER PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORCLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan and Schmieg, LLP By: Francis S. Hallin , Esquire Lawrence T. Phelan Daniel G. Schmieg Dated: - l U File #: 153782 C=Z' -TI ril -c, -: ;?? ? 1-0 A. VERIFICATION C7 N o c-5 p -n ce R i - r co m C K,' Y hereby states that he/she is of COUNTRYWIDE HOME LOANS, INC., mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: i, L41 ° 7 K"' ? ?' ) - -) '? ?- Name: Title: Company: COUNTRYWIDE HOME LOANS, INC. Loan: 153782 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.ricco@fedphe.com Attorney for Plaintiff Countrywide Home Loans, Inc. Court of Common Pleas Civil Division VS. Cumberland County Douglas L. Hassinger No. 07-2569-Civil Term Vicki L. Hassinger 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, Douglas L. Hassinger, by first class mail and certified mail to the Defendant's last known address, 150 Woodbine Street, Apt. 24A, Kernersville, NC 27284 and mortgaged premises, 104 Westgate Drive, Mount Holly Springs, PA 17065, posting of the mortgaged premises, 104 Westgate Drive, Mount Holly Springs, PA 17065, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Douglas L. Hassinger, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 104 Westgate Drive, Mount Holly Springs, PA 17065. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendant lives in North Carolina. 2. Plaintiff, by way of Private Process Server, attempted to serve the Defendant, Douglas L. Hassinger, at 150 Woodbine Street, Apt. 24A, Kernersville, NC 27284. As indicated by the Affidavit of Service attached hereto as Exhibit "B". 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". 4. Plaintiff contacted the Prothontary's Office and as of September 10, 2007, no Judge has previously entered a ruling in this case. 5. 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 August 29, 2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs August 29, 2007 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "D". 5 6. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of September 10, 2007 to bring loan current. 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, Douglas L. Hassinger 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, M&& Schmieg, LLP P B. squire Attorneys for Plaintiff September 10, 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 jason.ricco@fedphe.com Attorney for Plaintiff Countrywide Home Loans, Inc. Court of Common Pleas Civil Division VS. Cumberland County Douglas L. Hassinger No. 07-2569-Civil Term Vicki L. Hassinger 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 Sheriffs Return of Service, marked hereto as Exhibit "A", and the Plaintiff's Process Server's Affidavit of service attached hereto as Exhibit "B", service could not be completed. 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". 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, ieg, LLP B• Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: September 10, 2007 9 6xkto SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02569 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE BANK NA VS HASSINGER DOUGLAS L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HASSINGER DOUGLAS L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT HASSINGER DOUGLAS L 104 WESTGATE DRIVE BOILING SPRINGS, PA 17007 DEFENDANT LIVES IN NC. Sheriff's Costs: Docketing Service Not Found Surcharge So answers .- 18.00 5.76 5.00 R. Th?at?Cas Kline 10.00 Sheriff of -umberland County A^ .J V . J V PHELAN HALLINAN SCHMIEG 05/10/2007 Sworn and Subscribed to before me this day of A. D. Ex?jw4,6 AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY (jmr) Countrywide Home Loans, Inc. Plaintiff Vs. Douglas L. Hassinger Vicki L. Hassinger a/k/a Vicki L. Barrick a/k/a Vicki L. Wagner Defendants SERVE AT: 150 Woodbine Street, Apt. 24A Kernersville, NC 27284 SERVED TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action NO. 07-2569-Civil Term File Number153782 Served and made known to Douglas L. Hassinger Defendant on the day of , 20_, at o'clock, _. M., at City in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, , A Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed to a true and correct copy of the issued in the captioned case on the date and at the address indicated above. Description: Age Height Weight Race Sex Other. Sworn to and subscribed Before me this day Served By: Of , 20_. Notary: NOT SERVED On the j2ib_ day of 7gla a , 20ALI at t o ; tS o'clock P.M., Defendant NOT FOUND because: Moved Unknown _)? No Answer Vacant Other: Sworn to and subscribed Befor me the f/ day Of , 200'. Notaxy: DAM COUNTY, NORTAAY Cotm0s?ion ExpirSevZ?icy A't"i'-MPTED % JOSE Me THOO P DANIM)ERSON d5. Act. -aO0j b-5-200'1 6 -1 - 200*1 awl 4 - ?8-0.00'1 - P00,1 to:oa pn^ JB 0,3 P^^ io%o$ Ann (0: 4°? PM '1 %SID A'M IT--,4q Pm Not Served By: ? Phelan Hallinan & Schmieg, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 cxl?) 6114 c FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 153782 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Douglas Hassinger & Vicki L. Hassinger Current Address: 104 Westgate Drive, Mount Holly Springs, PA 17065 Property Address: 104 Westgate Drive, Mount Holly Springs, PA 17065 Mailing Address: 104 Westgate Drive, Mount Holly Springs, PA 17065 I, Brendan Booth, 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 Douglas Hassinger - xxx-xx-1166 Vicki L. Hassinger -180-56-xxxx B. EMPLOYMENT SEARCH Douglas Hassinger & Vicki L. Hassinger - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Douglas Hassinger reside(s) at: 104 Westgate Drive, Mount Holly Springs, PA 17065 & Vicki L. Hassinger reside(s) at: 150 Woodbine Street, Apartment 24A, Kernersville, NC 27284. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Douglas Hassinger & Vicki L. Hassinger reside(s) at: 104 Westgate Drive, Mount Holly Springs, PA 17065. On 04-25-07 our office made a telephone call to the subjects' phone number (717) 486- 8546 and received the following information: disconnected. B. On 04-25-07 our office made a telephone call to the phone number (717) 323-0050 and received the following information: spoke with an unidentified female who confirmed that Douglas Hassinger & Vicki L. Hassinger reside(s) at: 104 Westgate Drive, Mount Holly Springs, PA 17065. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 04-25-07 we reviewed the National Address database and found the following information: Douglas Hassinger -150 Woodbine Street, Apartment 24A, Kernersville, NC 27284 & Vicki L. Hassinger -104 Westgate Drive, Mount Holly Springs, PA 17065. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. IV. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Douglas Hassinger & Vicki L. Hassinger. V. OTHER INQUIRIES A. DEATH RECORDS As of 04-25-07 Vital Records and all public databases have no death record on file for Douglas Hassinger & Vicki L. Hassinger. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Douglas Hassinger & Vicki L. Hassinger residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Douglas Hassinger -11-01-1962 Vicki L. Hassinger - 07-1960 B. A.K.A. Douglas L. Hassinger Vicki L. Wagner; Vickie L. Barrick * 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 hereby 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. ( wv ? AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 25th day of April, 2007. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND e-?(- L? ?? 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.ricco@fedphe.com Jason Ricco, 1482 Service Department August 29, 2007 ' Douglas L. Hassinger and Vicki L. Hassinger 104 Westgate Drive Mount Holly Springs, PA 17065 Representing Lenders in Pennsylvania and New Jersey RE: Countrywide Home Loans, Inc. vs. Douglas L. Hassinger and Vicki L. Hassinger Premises Address: 104 Westgate Drive, Mount Holly Springs, PA 17065 Cumberland County, No. 07-2569-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 9/6/07 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ery trul yours, 60Q.V. C_C?lb Jason Ricco For Daniel G. Schmieg, Esquire 13 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.ricco@fedphe.com Jason Ricco, 1482 Service Department August 29, 2007 Douglas L. Hassinger and Vicki L. Hassinger 150 Woodbine Street, Apt. 24A Kernersville, NC 27284 Representing Lenders in Pennsylvania and New Jersey RE: Countrywide Home Loans, Inc. vs. Douglas L. Hassinger and Vicki L. Hassinger Premises Address: 104 Westgate Drive, Mount Holly Springs, PA 17065 Cumberland County, No. 07-2569-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 9/6/07 Should you have any finther questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire 1 N I. Z, d b? R C 26? N w C• ? y ?a ?s al e l 00 N1 _ ?l b r >97„ ,n x? 3 n ? ? ? Yn Jp I ? T pa"Ev solo" 02 1M $ 0AUGU 20 io0 o 0004218010 MAILED FROMZ'PCODE 19103 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 unworn falsification to authorities. Respectfully submitted, ?PTie1"a, a nieg, LLP Daniel G. Schmieg, Esquire Attorney for Plaintiff September 10, 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.ricco@fedphe.com Attorney for Plaintiff Countrywide Home Loans, Inc. Court of Common Pleas Civil Division VS. Cumberland County No. 07-2569-Civil Term Douglas L. Hassinger Vicki L. Hassinger 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. Douglas L. Hassinger and Vicki L. Hassinger: 104 Westgate Drive Mount Holly Springs, PA 17065 150 Woodbine Street, Apt. 24A Kernersville, NC 27284 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, =*ieg, LLP ame . c ieg, Esquire Date: September 10, 2007 Attorney for Plaintiff 12 99 J rn N rn 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 (215) 563-7000 COUNTRYWIDE BANK, N.A. Plaintiff VS. DOUGLAS L. HASSINGER VICKI L. HASSINGER A/K/A VICKI L. BARRICK A/K/A VICKI L. WAGNER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 07-2569- Civil Term PRAECWE 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: September 4. 2007 P AN HALLIN & , LLP BY., CIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 153782 14 Q rn 00 3 _. Z s Lit y - ' ' C_ ro • COUNTRYWIDE HOME LOANS, INC. PLAINTIFF V. DOUGLAS L. HASSINGER, VICKI L. HASSINGER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2569 CIVIL ORDER OF COURT AND NOW, this 12th day of September, 2007, upon consideration of the Plaintiff's Motion for Service Pursuant to Special Order of Court under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendants, Douglas L. Hassinger and Vicki L. Hassinger, have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Complaint in Mortgage Foreclosure upon Defendants, Douglas L. Hassinger and Vicki L. Hassinger by posting a copy of the Complaint upon the premises located at 104 Westgate Drive, Mount Holly Springs, Pennsylvania, 17065; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendants' last known addresses at 104 Westgate Drive, Mount Holly Springs, PA 17065 and 150 Woodbine Street, Apartment 24A, Kernersville, NC 27284; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; 4. All further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendants' last known addresses and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendants, Douglas L. Hassinger and Vicki L. Hassinger by sending copies of same to Defendants' last known addresses by certified and regular mail, by posting the premises and by publication to include the notice as prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania. By the Court, M. L. Ebert, Jr., J. Nos aniel G. Schmieg, Esquire G?xvr - ?? Attorney for Plaintiff 0 JV ?uglas L. Hassinger ` Vicki L. Hassinger Defendants Cumberland County Sheriff -80S-1/j4/0-1 bas J 'S q VINVAWNN3d L I: I Wd E I AS LDOI AUIION HI0 d m JO 30-CI31d 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 (215) 563-7000 COUNTRYWIDE BANK, N.A. Plaintiff VS. DOUGLAS L. HASSINGER VICKI L. HASSINGER A/K/A VICKI L. BARRICK A/K/A VICKI L. WAGNER Defendants CUMBERLAND COUNTY No. 07-2569 CIVIL TERM 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: September 27, 2007 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION PHELAN HALLINA & CHMIEG, LLP By: 5 F NCIS S. HA LINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 153782 © Co 00 -G e PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE BANK, N.A. Plaintiff vs. DOUGLAS L. HASSINGER VICKI L. HASSINGER A/K/A VICKI L. BARRICK A/K/A VICKI L. WAGNER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 07-2569-CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to DOUGLAS L. HASSINGER and VICKI L. HASSINGER A/K/A VICKI L. BARRICK A/K/A VICKI L. WAGNER at 104 WESTGATE DRIVE, MOUNT HOLLY SPRINGS, PA 17065 and 150 WOODBINE STREET, APT. 24A, KERNERSVILLE, NC 27284 on SEPTEMBER 27, 2007, in accordance with the Order of Court dated SEPTEMBER 12, 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: September 27, 2007 F NCIS S. LINAN, ESQUIRE Attorney for Plaintiff !C 4L 7160 3901 4845 2007 2550 TO' VICKI L. HASSINGER A/K/A VICKI L. BARRICK A/K/A VICKI L. WAGNER 150 WOODBINE STREET, APT. 24A KERNERSVILLE, NC 27284 SENDER: JMR REFERENCE: 7160 3901 9845 2007 2574 a TO: VICKI L. HASSINGER j A/K/A VICKI L. BARRICK 4 A/K/A VICKI L. WAGNER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 i l SENDER: JMR REFERENCE: PS Form 3800 January 2005 1 -PS Form 3800 Janua 2005 i RETURN Page 1 RETURN Postage RECEIPT .2f I RE Certified Fee Certified Fee SERVICE SERVICE 2.65 Retum Receipt Fee Retum Receipt Fee f Restricted Delivery I Restricted Delivery i Total Postage & Fees ` . ' Total Postage & Fees i K OR DATE US Postal Service POSr.t US Postal Service Receipt for Receipt for Certified Mail Certified Mail No kmmmcs Coverage Provided ?03 I Duo Not Uf ese nt meal Maah Do Not Use for Interrudw al Mail ----------------- r ?160 3901 964S 2007 2543 i t i To: DOUGLAS L. HASSINGER 150 WOODBINE STREET, APT. 24A KERNERSVILLE, NC 27284 I SENDER: JMR REFERENCE: i OS DATE \ 4, 03 \11 7160 3901 9x45 2007 2567 TO: DOUGLAS L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 i i SENDER: JMR REFERENCE: j RETURN Postage RECEIPT Certified Fee .41 I SERVICE Retum Receipt Fee Restricted Delivery 0 00 Total Postage & Fees . f US Postal Service POSTMARK O Receipt for Certified Mail I No Uiswance Coverage Provided I Do Not Use for International Mail d?; .. E RETURN. POMP _ j RECEIPT Certified Fee .41 -, i SERVICE Retum Receipt Fee 2.65 -i 1 Restricted Delivery I 2.15 a Total Postage & Fees S' I US Postal Service PO OR DATE ! Receipt for - Certified Mail a ? y ` 3 No Insurance Coverage Provided y ?'31N ?'? ! Do Not Use for International Mail C ? O ? n N SHERIFF'S RETURN - REGULAR CASE NO: 2007-02569 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE BANK NA VS HASSINGER DOUGLAS L ET AL GERALD 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 uAPCTTTr-7P nnTTnT,A.q T. the DEFENDANT , at 1836:00 HOURS, on the 4th day of October 2007 at 104 WESTGATE DRIVE BOILING SPRINGS, PA 17007 by handing to 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: So Answers: Docketing 18.00 Service 5.76 Posting 6.00 Surcharge 10.00 R. Thomas Kline .00 /al a1a? 39.76 10/08/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: 216? &)k? ?- before me this day Deputy S iff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-02569 P 1 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE BANK NA VS HASSINGER DOUGLAS L ET AL GERALD 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 HASSINGER VICKI L AKA VICKI L BARRICK AKA VICKI L WAGNER the DEFENDANT , at 1836:00 HOURS, on the 4th day of October , 2007 at 104 WESTGATE DRIVE BOILING SPRINGS, PA 17007 by handing to POSTED PROPERTY AT 104 WESTGATE DR MT HOLLY SPRINGS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge )D)1+1 6.00 .00 6.00 10.00 .00 ? 22.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/08/2007 PHELAN HALLINAN SCHMIEG By: Deputy Sh ff of A. D.