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HomeMy WebLinkAbout07-3262,, o~ ~~a~ ~ v~~ ~ PHELAN 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 155259 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 v. Plaintiff WALTER S. SHEETS S. DALE SHEETS 3402 CANYON CREEK MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM / ~~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 155259 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 #: 155259 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 #: 155259 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 #: 155259 Plaintiff is ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 2. The name(s) and last known address(es) of the Defendant(s) are: WALTER S. SHEETS S. DALE SHEETS 3402 CANYON CREEK MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/31 /2002 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: 1791, Page: 1044. 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 02/01/2007 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. File #: 155259 6. The following amounts are due on the mortgage: Principal Balance $258,749.27 Interest $5,982.00 O 1 /01 /2007 through 05/30/2007 (Per Diem $39.88) Attorney's Fees $1,325.00 Cumulative Late Charges $616.32 12/31/2002 to 05/30/2007 Cost of Suit and Title Search $750.00 Subtotal $267,422.59 Escrow Credit $0.00 Deficit $3,721.19 Subtotal $3,721.19 TOTAL $271,143.78 7 8 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. 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 #: 155259 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 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 $271,143.78, together with interest from 05/30/2007 at the rate of $39.88 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. PHE ALLINAN & SCH G, LLP ~~ _ ~ 2~~ By: /s/Francis S. allin LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 155259 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate at the Intersection of Canyon Creek and Choco Chase, in Lower Allen Township, Cumberland County, Pennsylvania, said lot being shown as Lot No. 48 n on a Final Subdivision Plan for High Meadow, Phase 4, dated July 19, 1996, and last revised August 27, 1997, as recorded in Plan Book 76, page 94, said lot being more particularly bounded and described as follows: BEGINNING AT A POINT, on the Western right-of--way line of Canyon Creek said point being the Northwestern corner of the above described lot and the Northeastern corner of Lot No. 45 of the above referenced subdivision plan; thence along the same right-of--way, the following four (4) courses and distances: 1) North 35 degrees 07 minutes 39 East 23.94 feet to a point, 2) a curve to the right with a radius of 175.00 feet and an arc length of 81.13 feet to a point; 3) North 6247 minutes 27 seconds East, 127.59 feet to a point; 4) a curve to the right with a radius of 10.00 feet and an arc length of 15.71 feet to a point on the right-of--way of Choco Chase; thence along the right-of--way of Choco Chase, the following two (2) courses an distances: 1) South 27 degrees 18 minutes 33 seconds East, 79.52 feet to a point being a concrete monument; 2) a curve to the right with a radius of 275.00 feet and an arc length of 77.97 feet to a point; thence along the Northern property line of Lot No. 47, South 75 degrees 09 minutes 13 seconds West, 181.51 feet to a point; thence along the Eastern property line of Lot No. 45, North 63 degrees 52 minutes 21 seconds West, 109.68 feet to a point, being the POINT OF BEGINNING. CONTAINING an area of 30,411 square feet (0.698 acres) File #: 155259 BEING the same premises which New Penn Motor Express, a Pennsylvania Corporation, by Deed dated 10/30/00 and recorded 11/03/00 in Cumberland County Record Book 233, Page 279, granted and conveyed unto Walter S. Sheets and S. Dale Sheets, father and son, in fee. Parcel No: 13-28-2430-095. PROPERTY BEING: 3402 CANYON CREEK File #: 155259 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. ~i/,~e~ FRANCIS S. FIALLINAN, ESQUIRE Attorney for Plaintiff DATE: Q~~ ~~ ._. ~ ~ ~ ~'' r~i;4 ~ ~ V ~ , :~ W ~~ ~ '. w' ~.-~i j ,~ ~, Q 7c~- -C W 'S7 ~l ~~ ~~ j r~ J~ -~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-03262 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS SHEETS WALTER S ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHEETS WALTER S the DEFENDANT at 1710:00 HOURS, on the 6th day of June 2007 at 3402 CANYON CREEK MECHANICSBURG, PA 17055 BARB SHEETS, WIFE 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: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 Sworn and Subscibed to before me this day So Answers: `-~' R. Thomas Kline 06/11/2007 PHELAN HALLINAN SCH EG By: ! / D ut heriff of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03262 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS SHEETS WALTER S 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 SHEETS S DALE but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT SHEETS S DALE 3402 CANYON CREEK MECHANICSBURG, PA 17055 PER BARB, DALE DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 4I19~o1 L~,_.,/ 21.00 So ' R .-'"~'homas Kline S riff of Cumberland County PHELAN HALLINAN SCHMIEG 06/11/2007 Sworn and Subscribed to before me this day of A.D. NOT FOUND as to 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 ABN Amro Mortgage Group, Inc. Court of Common Pleas Civil Division vs. Cumberland County Walter S. Sheets No. 07-3262 CIVIL TERM S. Dale Sheets : 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, S. Dale Sheets, by first class mail and certified mail to the Defendant's mortgaged premises, 3402 Canyon Creek, Mechanicsburg, PA 17055, posting of the mortgaged premises, 3402 Canyon Creek, Mechanicsburg, PA 17055, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 4 1. Attempts to serve Defendant, S. Dale Sheets, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 3402 Canyon Creek, Mechanicsburg, PA 17055. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the Defendant does not currently reside at said address. 2. 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 "B". 3. Plaintiff contacted the Prothontary's Office and as of July 16, 2007, no Judge has previously entered a ruling in 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, S. Dale Sheets on July 2, 2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff submits that it has made a good faith effort to locate the Defendant, S. Dale Sheets, 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: Danie . Schmieg, Esq ' e Attorneys for Plaintiff July 16, 2007 5 r 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 ABN Amro Mortgage Group, Inc. Court of Common Pleas Civil Division vs. Cumberland County Walter S. Sheets No. 07-3262 CIVIL TERM S. Dale Sheets 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. 6 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 Exhibit "A", 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 "B". 7 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, L P By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: July 16, 2007 s ~xN~~~ ~ SHERIFF'S RETURN -.NOT FOUND CASE NO: 2007-03262 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS SHEETS WALTER S 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 SHEETS S DALE but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND as to the within named DEFENDANT SHEETS S DALE 3402 CANYON CREEK MECHANICSBURG, PA 17055 PER BARB, DALE DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So a s: Docketing 6.00 Service .00 Not Found 5.00 R. homas Kline Surcharge 10.00 S riff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 06/11/2007 Sworn and Subscribed to before me this day of , A.D. ~X~ ~~ ~~ FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 155259 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Walter S. Sheets & S. Dale Sheets Property Address: 3402 Canyon Creek, Mechanicsburg, PA 17055 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 Walter S. Sheets -xxx-xx-6593 S. Dale Sheets -xxx-xx-7028 B. EMPLOYMENT SEARCH Walter S. Sheets & S. Dale Sheets - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Walter S. Sheets & S. Dale Sheets reside(s) at: 3402 Canyon Creek, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Walter S. Sheets & S. Dale Sheets reside(s) at: 3402 Canyon Creek, Mechanicsburg, PA 17055. On 06-26-07 our office made several telephone calls to the subject's phone number, (717) 790-0277 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 06-26-07 our office attempted to contact C. Schambach at (717) 691-9712, 3400 Canyon Creek, Mechanicsburg, PA 17055 and received the following information: disconnected. On 06-26-07 our office made several phone calls in an attempt to contact Joe J. Giovagnoli at (717) 791-9942, 3403 Canyon Creek, Mechanicsburg, PA 17055 and received the following information: answering machine. On 06-26-07 our office attempted to contact Doug Baughman at (717) 766-5169, 3410 Canyon Creek, Mechanicsburg, PA 17055 and received the following information: spoke with an unidentified male who could not confirm that the subjects reside(s) at 3402 Canyon Creek, Mechanicsburg, PA 17055. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 06-26-07 we reviewed the National Address database and found the following information: Walter S. Sheets & S. Dale Sheets- 3402 Canyon Creek, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Walter S. Sheets & S. Dale Sheets. VI. OTHER INQUIRIES A. DEATH RECORDS As of 06-26-07 Vital Records and all public databases have no death record on file for Walter S. Sheets & S. Dale Sheets. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Walter S. Sheets & S. Dale Sheets residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Walter S. Sheets - 03-29-1966 S. Dale Sheets - 08-1937 B. A.K.A. Stewart Dale Sheets * 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 26th day of June 2007. The above information is obtained from available public records kls and we are only liable for the cost of the affidavit. CQIt1MI NYVBALTH OF PENN6YLVANIA f~"""'" I~TAR1Al SEAL RYAN P CALVIN, Notary Fublic City ~ Phr~e;phia (~hila. County ~ ~ ~ . Oc~r-f~c 21, 20U8 N W ~v .~ ~~ R_ _ r., G N G. ~~p O' y ~ ~, a ~~ ~• _ .. a= ~~ ro :; H O b y ~. N ~° ~° ~~ ~. 0 ~i ~_ S. 00 w ~w ~ ~ ~~~~~~ ~ ~ x ~ c O d N ~ f~ l D -~ ~ y b M _°'~~~~ _. 0.4. ~ '~ Q, C ~ ~. ~ w ~ ~ ~ ~ ~ ~ ~ O H ~ QQ n~ ~ ~ ~ ~ O ~ S ~i y ~ ~ ~, • ~ ~ N W ~ ~ ~ O 'C ~ ~ p fD ~ N 7 / /~ Vl O ~ ~ ~ o ~ w ~~~ a.o f~ '~ v~~ w~~ ~~ p '.' pp7~~' v. O p~ ?' ~ P. ~ R ~ ~ c y, c w. ~d ~'~ ~~-ao' f D g o O ~. ~ m e g~°,3 ~~~~~. N ~~ ~ ~~~.g, ~ ~ ~- ' °~~ ,.._; g v .fix=: ~ 5 ~~ 7 ~ r --I ~I ~I ~I JI ~I ~I ~~ W~ N .I ~. w w .A c o~ c C ~ o ~ V a O to C,n I~ i ~/ ~ ~ ~~~ C" ~ ~ ~ c, A ~ ~ "S R, *z .l ~ ~_ ~~~ * *~~ "~~O~ ~ ~ ? N ~ 7 ~ ~ ~ ~ ~ `o ~ ~ ~ a~~n~ N ~y;'~~~ ~ .r A ~ ~ ~ w d a Qo m i ~ Z ~ a .. n o~~~~ o '~ ~ a ~' o ~ ~ ~~'~ a cu r a ~ ~ b ^n^ y W ~~ 0 ~ ~ ~Q 7 ~~•°°°~~~SSS/// PIiNFY E30WF:5 E 02 ,~ ~ o~.o~a 000421$010 JUL02 2007 MAILED FROM ZlPGODE 1 91 03 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 July 2, 2007 S. Dale Sheets 3402 Canyon Creek Mechanicsburg, PA 17055 RE: ABNAmro Mortgage Group, Inc. vs. Walter S. Sheets and S. Dale Sheets Premises Address: 3402 Canyon Creek, Mechanicsburg, PA 17055 Cumberland County, No. 07-3262 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 July 9, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, J son Seidman For Daniel G. Schmieg, Esquire 12 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ABN Amro Mortgage Group, Inc. vs. Walter S. Sheets S. Dale Sheets ORDER Civil Division No. 07-3262 CNIL TERM 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, S. Dale Sheets, by: 1. Posting of the premises: 3402 Canyon Creek, Mechanicsburg, PA 17055. 2. First class mail to S. Dale Sheets at the mortgaged premises located at 3402 Canyon Creek, Mechanicsburg, PA 17055; and 3. Certified mail to S. Dale Sheets at the mortgaged premises located at 3402 Canyon Creek, Mechanicsburg, PA 17055; and 2 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: Cc: S. Dale Sheets 3402 Canyon Creek Mechanicsburg, PA 17055 J. 3 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. corn Attorney for Plaintiff ABN Amro Mortgage Group, Inc. Court of Common Pleas Civil Division vs. Cumberland County Walter S. Sheets No. 07-3262 CIVIL TERM S. Dale Sheets 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, S. Dale Sheets, by first class mail and certified mail to the Defendant's mortgaged premises, 3402 Canyon Creek, Mechanicsburg, PA 17055, posting of the mortgaged premises, 3402 Canyon Creek, Mechanicsburg, PA 17055, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 4 1. Attempts to serve Defendant, S. Dale Sheets, personally with the Complaint have been unsuccessful. The Sheriffof Cumberland County attempted to serve the Defendant at the mortgaged premises, 3402 Canyon Creek, Mechanicsburg, PA 17055. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the Defendant does not currently reside at said address. 2. Pursuant to Pa. R.C.P. 430, Plaintiffhas 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 "B". 3. Plaintiff contacted the Prothontary's Office and as of July 2, 2007, no Judge has previously entered a ruling in 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 July 2, 2007 and requested Defendant's concurrence. 5. Plaintiff submits that it has made a good faith effort to locate the Defendant, S. Dale Sheets, 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 July 2, 2007 5 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 ABN Amro Mortgage Group, Inc. Court of Common Pleas Civil Division vs. Cumberland County Walter S. Sheets No. 07-3262 CIVIL TERM S. Dale Sheets 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. 6 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", 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 "B". 7 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: Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: July 2, 2007 8 CASE NO: 2047-03262 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS SHEETS WALTER S 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 SHEETS S DALE but was unable to locate Him in his bailiwick. He therefore returns the NOT FOUND as to the within named DEFENDANT SHEETS S DALE 3402 CANYON CREEK MECHANICSBURG, PA 17055 PER BARB, DALE DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So a s: Docketing 6.00 Service .00 Not Found. 5.00 R. homas Kline Surcharge 10.00 S riff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 06/11/2007 Sworn and Subscribed to before me this day of , A.D. ,~. FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 155259 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Walter S. Sheets & S. Dale Sheets Property Address: 3402 Canyon Creek, Mechanicsburg, PA 17055 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 Walter S. Sheets -xxx-xx-6593 S. Dale Sheets -xxx-xx-7028 B. EMPLOYMENT SEARCH Walter S. Sheets & S. Dale Sheets - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Walter S. Sheets & S. Dale Sheets reside(s) at: 3402 Canyon Creek, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Walter S. Sheets & S. Dale Sheets reside(s) at: 3402 Canyon Creek, Mechanicsburg, PA 17055. On 06-26-07 our office made several telephone calls to the subject's phone number, (717) 790-0277 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 06-26-07 our office attempted to contact C. Schambach at (717) 691-9712, 3400 Canyon Creek, Mechanicsburg, PA 17055 and received the following information: disconnected. On 06-26-07 our office made several phone calls in an attempt to contact Joe J. Giovagnoli at (717) 791-9942, 3403 Canyon Creek, Mechanicsburg, PA 17055 and received the following information: answering machine. On 06-26-07 our office attempted to contact Doug Baughman at (717) 766-5169, 3410 Canyon Creek, Mechanicsburg, PA 17055 and received the following information: spoke with an unidentified male who could not confirm that the subjects reside(s) at 3402 Canyon Creek, Mechanicsburg, PA 17055. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 06-26-07 we reviewed the National Address database and found the following information: Walter S. Sheets & S. Dale Sheets- 3402 Canyon Creek, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Walter S. Sheets & S. Dale Sheets. VI. OTHER INQUIRIES A. DEATH RECORDS As of 06-26-07 Vital Records and all public databases have no death record on file for Walter S. Sheets & S. Dale Sheets. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Walter S. Sheets & S. Dale Sheets residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Walter S. Sheets - 03-29-1966 S. Dale Sheets - 08-1937 B. A.K.A. Stewart Dale Sheets * 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 26~ day of June 2007. The above information is obtained from available public records kls and we are only liable for the cost of the affidavit. LTH OF PENN~YLVAMp NOTARIAL SEAL RYAN P GALVIN, Notary Fu~lic City of Ph~~are;phia, Phila. CourttY COaur~ission pecember 21,2008 e,~. ~~ 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, L~,P Daniel G. Schmieg, Esquire Attorney for Plaintiff July 2, 2007 9 ~ ~ 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 ABN Amro Mortgage Group, Inc. Court of Common Pleas Civil Division vs. Cumberland County No. 07-3262 CIVIL TERM Walter S. Sheets S. Dale Sheets 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. S. Dale Sheets: 3402 Canyon Creek, Mechanicsburg, PA 17055 10 ..; 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: July 2, 2007 Attorney for Plaintiff Cc: Walter S. Sheets 3402 Canyon Creek Mechanicsburg, PA 17055 11 ~. 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, LL Daniel G. Schmieg, Esquire Attorney for Plaintiff July 16, 2007 9 + ~^ • 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 ABN Amro Mortgage Group, Inc. Court of Common Pleas Civil Division vs. Cumberland County No. 07-3262 CNIL TERM Walter S. Sheets S. Dale Sheets 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. S. Dale Sheets: 3402 Canyon Creek, Mechanicsburg, PA 17055 10 ~ ~.~ 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: Dame G. Schmieg, Esquire Date: July 16, 2007 Attorney for Plaintiff Cc: Walter S. Sheets 3402 Canyon Creek Mechanicsburg, PA 17055 11 (~'~ ~~~ j "T'i _. ....i ~.. "'ii .. ... _ { ~ + r : _` PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Fax: 215-563-7009 j ason. Seidman@fedphe. com Jason Seidman, Ext. 1394 Service Department July 16, 2007 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey Re: ABN Amro Mortgage Group, Inc. vs. Walter S. Sheets and S. Dale Sheets Cumberland County, No. 07-3262 CNIL TERM Dear Sir or Madam: Enclosed for filing and transmittal to the assigned Civil Signing Judge for execution, please find Plaintiff's Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits. Kindly return atime-stamped copy in the enclosed self-addressed stamped envelope. If, for any reason, this Order and Petition will not be sent immediately to a Judge for consideration, please contact the undersigned. Also, find attached a copy of the Order granting alternative service, which should be signed by the Judge. Please return this signed Order in the attached stamped self- addressed envelope. Thank you for your courtesy and consideration. Very truly yo , ~~~~ Jason Seidman for Phelan, Hallinan & Schmieg LLP Enclosure 1 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 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. COURT OF COMMON PLEAS CNIL DIVISION CUMBERLAND County WALTER S. SHEETS S. DALE SHEETS Defendants : No. 07-3262 CIVIL TE PRAECIl'E 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: June 29, 2007 PHELAN HALLINAN & S IEG, LLP FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIIZE DANIEL G. SCHMIEG, ESQUIlZE Attorneys for Plaintiff /jcs, Svc Dept. File# 155259 ~..~ _ri ~''' ~.~ '~~-' ~ __ =T -~ O O +W t_ ' /' ~y _ r ~ s ~i \/~ ~ ~ ~ ~ pp -K.~. .,.._~. 4 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ABN Amro Mortgage Group, Inc. 'JUL 8520D7P'y Civil Division vs. No. 07-3262 CIVIL TERM Walter S. Sheets S. Dale Sheets ORDER AND NOW, this 2 ~ r day of ~,,,,t,~., , 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, S. Dale Sheets, by: 1. Posting of the premises: 3402 Canyon Creek, Mechanicsburg, PA 17055. 2. First class mail to S. Dale Sheets at the mortgaged premises located at 3402 Canyon Creek, Mechanicsburg, PA 17055; and 3. Certified mail to S. Dale Sheets at the mortgaged premises located at 3402 Canyon Creek, Mechanicsburg, PA 17055; and 2 4. Publication in accordance with PA. R.C.P. 430. Cc: S. Dale Sheets 3402 Canyon Creek Mechanicsburg, PA 17055 3 BY THE COURT: t. :, _.. ,~ 4~'~ 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 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. WALTER S. SHEETS S. DALE SHEETS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 07-3262 CIVIL TERM Defendants 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: August 3, 2007 P~H/ELAN HALLINAN & CH_ MIEG, LLP FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jcs, Svc Dept. File# 155259 ~ ~ D (~ ~ =~ a, ~ ~ ~. ~ fM~ ~ 7 #`' ~ W W ~ . ~~ ~? O ~ ~ r ~ _~ ~ ~ N ~~:~ ~ 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 (2151563-7~~~ ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION WALTER S. SHEETS S. DALE SHEETS Defendant(s) CUMBERLAND COUNTY N0.07-3262 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAii. PiTRRilANT Tn ('.niTRT nR11FR 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 S. DALE SHEETS at 3402 CANYON CREEK, MECHANICSBURG, PA 17055, on AITrI1ST ~, 2007, in accordance with the Order of Court dated NLY 26, 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: Alg,~t ~, 2007 S - FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff C~ ~ ~ ~ ~' ~ ~;" ~ ~ rn -- c> ~ ~ ~ }~~• , ~ ~ .u ~ ~, ~ -y KK SHERIFF'S RETURN - REGULAR CASE NO: 2007-03262 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS SHEETS WALTER S ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT IN was served upon SHEETS S DALE the DEFENDANT at 1559:00 HOURS, on the 8th day of August 2007 at 3402 CANYON CREEK MECHANICSBURG, PA 17055 by handing to POSTED PROPERTY AT 3402 CANYON CREEK, MECHANICSBURG, PA a true and attested copy of NOTICE & COMPLAINT IN together with MORTGAGE FORECLOSURE REINSTATED and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.44 Posting 6.00 Surcharge 10.00 .00 S~/S 10 7 ~,,,, ~,l 4 7 .4 4 Sworn and Subscibed to before me this of So Answers: R. Th mas Kline 08/09/2007 PHELAN HALLINAN SCHMIEG By. day A.D. ty Sher '`~ Phelan Hallman & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 4~;. s~~_~rxx~ ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. vs. WALTER S. SHEETS S. DALE SHEETS Court Of Common Pleas Civil Division CUMBERLAND County No. 07-3262 CIVIL TERM I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated JULY 26, 2007 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in T'HF. SF.NTiNF.i . on AT TCTt T.~T u, 2()()7 and C'i JMRRRT .ANI) i .A W 7nT TRNAT , on AI T(tT T.4T 17r 2QQ7, Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Francis S. Hallman, Esquire Date: August 28, 2007 J~ se~a~ Scrvice Wept. • .- •~, PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) August 11, 2007. COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Ian ~~'`1 ` Sworn to and subscribed before me this 14th. day of August, 2007. Notary P is My commission expires: ~~l l~b COMMONW~'T~ YLVANIA NOIMfy Seal ~jg~8 L. Wd18. Pictary Ce~sls9or'0. ~~ 2008 AAember ps~ la Astocibtb^ Of Notarise ~, ..~ ~ - .. , i PROOF OF .PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Cazlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the paid County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regulaz editions and issues of the said Cumberland Law Journal on the following dates, Viz August 17, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and chazacter of publication aze true. ,___.-- Lisa arie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 17 day of August, 2007 Notary nown~l sEA< OHORAH A COLLMS ~N PubWc CARLISLE 8080, CWNBERtAND COUNiY My Comm{aeion Expirk Apr 28, 2010 ~, ~~. T ~. i r '_ ~i ,~. r v '- + ,~ _ ,~ ~~ ~ .''" CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN propdrty or other rights important MORT(?rA(~E FORECL08URE to you. In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-I.aw NO. 0?-3262 CML TERM ABN AMRO MORTGAGE GROUP, INC. vs. WALTER S. SHEETS S. DALE SHEETS NOTICE TO S. DALE SHEETS: You are hereby notified that on MAY 31, 2007, Plaintiff, ABN AMRO MORTGAGE GROUP, INC., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Com- mon Pleas of CUMBERLAND County Pennsylvania, docketed to No. 07- 3262 CML TERM. Wherein Plaintiff seekis to foreclose on the mortgage secured on your property located at 3402 CANYON CREEK, MECHAN- ICSBURG, PA 17055 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed withciut you and a judgment may. be entered against you without further notice for the relief requested by the plaintiff. You may lose money or YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THI5 OFFICE CAN PROVIDE YOU WITH INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Aug. 17 r ~~ ~ t - t =`a ""s .~-~, .. ' , , ~i {~ ~, 4 ( ,.~+ r .. t ~Y ~V 1 " ' ~• 7 WSJ ~,ja ~~ ~~ i „~ a f,'~ .