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HomeMy WebLinkAbout07-3726MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series # 2004-4 450 West 33rd Street, 15th Floor New York, NY 10001, Plaintiff, Vs. Johnnie L. Gillon 492 Tacoma Court Fayetteville, NC 28303, and Erika M. Nelson 1581/2 East North Street Carlisle, PA 17013, Defendants. Attorney for Plaintiff File: 1.06243 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. D*7 Cpl o?Lc- ? CIVIL ACTION MORTGAGE FORECLOSURE {00163023} 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 {00163023} NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. {00163023} MILSTEAD & ASSOCIATES, LLC BY:Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series # 2004-4, 450 West 33rd Street, 15th Floor New York, NY 10001 Plaintiff, Vs. Johnnie L. Gillon 492 Tacoma Court Fayetteville, NC 28303, and Erika M. Nelson 158 1/2 East North Street Carlisle, PA 17013, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. 07-3-1.2C. L12,v`?? 1 CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series # 2004-4 (the "Plaintiff'), is a Pennsylvania corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 450 West 33rd Street, 15th Floor, New York, NY 10001. 2. Defendants, Johnnie L. Gillon and Erika M. Nelson, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Johnnie L. Gillon, Defendant, resides at 492 Tacoma Court, Fayetteville, NC 28303. Erika M. Nelson, Defendant, resides at 158 1/2 East North Street, Carlisle, PA 17013. {00163023} 4. On June 16, 2004, in consideration of a loan in the principal amount of $89,900.00, the Defendants executed and delivered to Wilmington Finance, A Division of AIG Federal Savings Bank, a note (the "Note") with interest thereon at 8.500 percent per annum, payable as to the principal and interest in equal monthly installments of $691.25 commencing August 1, 2004. 5. To secure the obligations under the Note, the Defendants executed and delivered to Wilmington Finance, A Division of AIG Federal Savings Bank, a mortgage (the "Mortgage") dated June 16, 2004, recorded on June 17, 2004 in the Department of Records in and for the County of Cumberland under Mortgage Book 1870, Page 464 and assigned to Mortgage Electronic Registration Systems, Inc., recorded on January 28, 2005, under Mortgage Book 714, Page 4262. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party plaintiff by way of an assignment to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 318 East North Street, Carlisle, PA 17013. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due February 1, 2006, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal .................... Accrued but Unpaid Interest from 1/1/06 to 06/20/07 @ 8.500% per annum ($20.69 per diem) ........................ Accrued Late Charges ................. ...........$88,829.49 ..............$11,089.84 ................... $552.90 1001630231 Prepayment Penalty .....................................$4,396.52 Corporate Advance ............. ............................$861.17 Escrow Advance ..........................................$6,975.89 Title Search Fees ............................................$350.00 Monies in Suspense ...................................... -$172.80 Deferred Late Charges .................................... $138.24 Insufficient Funds Charges ...............................$25.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 04/18/2007 ........................$114,296.25 Plus, the following amounts accrued after June 20, 2007: Interest at the Rate of 8.500 per cent per annum ($20.69 per diem); Late Charges of $34.56 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.SA 680.401(c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 318 East North Street, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on May 4, 2006 and on April 25, 2007, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $114,296.25, plus the following amounts accruing after June 20, 2007, to the date of judgment: (a) interest of $20.69 per day, (b) late charges of $34.56 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIAT ES, LLC Chrisovalante P. Fli os, Esquire Attorney for Plaintiff {00163023} VERIFICATION I, Chrisovalante P. Fliakos, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. '4904, relating to unsworn falsification to authorities. Name: Chrisovalante P. Fliakos, Esquire Title: Attorney t00163023} LEGAL DESCRIPTION - EXHIBIT "A" 318 E. NORTH STREET CARLISLE; PA 17013 ALL THAT certain tract of ground situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows. ON the North by East North Street; on the East by property now or formerly of Byron H. Kitch; on the South by a Sixteen (16) foot alley; and on the West by property now or formerly of Harry B. Ruhl and wife; containing Eighteen feet six inches (18'6") more or less, in the front on East North Street and extending in depth at an even width One Hundred Twenty (120) feet, more or less, to said alley on the South; the eastern boundary line being the center of the division wall between the house erected on this lot of ground and the house on the lot of ground adjoining on-the East. The above described tract of land has thereon erected the western half of a double three-story pressed brick dwelling house known as 318 East North Street. BEING the same premises which Steve A. Kauflinan, by Deed dated December 13, 2002, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 254, Page 5001, granted and conveyed unto Roger J. Pernik and Carolyn A. Persik, husband and wife. - AND BEING the same premises which Roger J. Persik and Carolyn A. Persik, husband and wife, by their deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Johnnie L. Gillon and Ericka M. Nelson, Mortgagors herein. Xy/B/tq B & R Service for Professionals, Inc. REQUEST FOR SERVICE OF PROCESS B&R Services $50.00 for fast defendant at Philadelphia address $10.00 for each additional defendant at same address in Philadelphia $20.00 for each additional defendant at different address in Philadelphia $30.00 for Deputized service to another Pennsylvania County with no Philadelphia defendants $10.00 for Deputized service to another Pennsylvania County with Philadelphia defendant $10.00 for Deputized service for each additional defendant in any other Pennsylvania county V /Civil Action / Complaint Type of process to be served ? Reinstate Civil Action / Complaint ? Deputized Service for County Plaintiff: JP Morgan Chase Bank et al Vs. Defendant: Johnnie L. Gillon and Erika M. Nelson 1) Johnnie L. Gillon 492 Tacoma Court Fayetteville, NC 28303 2) 3) Special Instructions Please serve the defendant at the address above. XXX Service Out of State ? Other County: Cumberland Term: Chrisovalante P. Fliakos, Esquire Milstead & Associates, LLC Woodland Falls Corporate Park 220 Lake Drive E., Ste 301 Cherry Hill, NJ 08028 (856) 482-1400 {00169077} N .t n7:13 ? Ca Z ? ? ' C ?3 15 m Ui 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03726 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS GILLON JOHNNIE 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 NELSON ERIKA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT NELSON ERIKA M 158 1/2 EAST NORTH STREET CARLISLE, PA 17013 CURRENT RESIDENT HAS BEEN THERE OVER A YEAR AND DOES NOT KNOW DEFENDANT. Sheriff's Costs: So ans Docketing 18.00 Service 4.80 Not Found 5.00 R. Thomas Kline Surcharge 10.00 She ff of Cumberland County .00 37.80 ILSTEAD & ASSOCIATES 06/29/2007 Sworn and Subscribed to before me this day of , A. D. r MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire Attorney for Plaintiff ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 File # 1.06243 JPMorgan Chase Bank as Trustee for COURT OF COMMON PLEAS Equity One ABS, Inc. Mortgage/pass CUMBERLAND COUNTY through certificate, series #2004-4, Plaintiff, Vs, No.: 07-3726 Johnnie L. Gillon, and Erika M. Nelson ' Defendants. AFFIDAVIT OF SERVICE I, Chrisovalante P. Fliakos, Esquire, of full age, being duly sworn according to the law, upon my oath, depose and say that Defendant, Johnnie L. Gillon, was not served with the Complaint in Mortgage Foreclosure at the address of 492 Tacoma Court, Fayetteville, NC 28303. Kindly file the attached Affidavits of Service attached hereto as Exhibit "A". 0, sovala P. Fliakos, Esquire Attorney ID #94620 {00187191} n Vis. I`F. ZUU/ 1.15PM 8 & R SERVICES 235 SOUTH 13TH STREET PHILADELPHIA, PA 18107 PHONE: (215) 8467400 FAX; (215) 985.0169 aanlco tar lsofa?lao?b de. JP Morgan Chase Bank, et al 43- Johnnie L. 0111on and Erika M. Nelson 215-985-8169 COURT No. 3889 P. 2 ,%W No** AaociO" a a??a.Ivr??poa.M,n P+a?tiaru aro?eu siwa, aRpt?pyN ?voKS SiuNae Court of Common Pleas of Pennsylvania COUNTY Cumberland County : CASE NUMBER 07-3726 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: BRR Control # CsfW" -1 COUNTY OF PHILADELPHIA: Refmn= Nulrnber 1.06243 SERVICE INFORMATION On 27 day of June, 2007 we received the Morop" Foreclosure Complaint for service upon Johnnie L Gillon at 492 Tacoma Court Fayetteville, NC 28303 Special Instructions 0 Send Date Time Accepted By: in the msnnerdeecribed below. - Personally served. Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. Menager/Cierk of place of residence lodging Agent or person in charge of office or usual place of business Other Description of Person Age Height Weight _ Race Sex Other ® Not served Date tJ-la _ Q!L Time m Not Served Infonnstlon Moved Unknown No Answer _ Vacant _ Other -Thy Curren°4 rf S d en? S- . W - - oc} ?okQn if, Lon aue-o 5.C The Process Server. being duly sworn, Swom to and subscribed before me this deposes and says that the facts set forth herein are Mee and correct to the best of their n f ? day of - '7 knowledge, informafon and belief. Process Server/Sheriff C?Flots Public Law Firm Phone (836)482.14 For Chrisovalante P. Fliakos, Esquire SgrveSy Data 10l2pQ7 Michael Md'latead, LLC Filed Date 6/21/207 220 lake Orin East *301, Woodland Falls Corp. Park Cherry Hill, NJ 08002 ORIGINAL civil bw .". .,3 cl- MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, squire ID No. 94620 220 Lake Drive East, Suite 30t Cherry Hill, NJ 08002 (856) 482-1400 for Plaintiff / File No 1.06243 JP Morgan Chase bank as Trustee for COURT OF COMMON PLEAS Equity One ABS, Inc. Mortge/pass CUMBERLAND COUNTY through certificate, series #2044 Plaintiff, No.: 07-3726 Vs. Praecioe to Reinstate Complaint in Johnnie L. Gillon, Morteap-e Foreclosure and Erika M. Nelson, Defendants. TO THE PROTIIONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. LSTEAD & ASSOCIATES, LLC C ovalante 'akos, Esquire Attorney ID No. 94620 (00111997) n _ V ? 1 1 r-5 "C7 art MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff / File No 1.06243 JP Morgan Chase bank as Trustee for COURT OF COMMON PLEAS Equity One ABS, Inc. Mortgage/pass CUMBERLAND COUNTY through certificate, series #2004-4 Plaintiff, No.: 07-3726 Vs. Praecipe to Reinstate Complaint in Johnnie L. Gillon, Mortgage Foreclosure and Erika M. Nelson, Defendants. TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. M TEAD & ASSOCIATES, LLC 'I k Chr' valante P. Fliakos, Esquire Attorney ID No. 94620 {00188808} C' 7. 0 UP S SHERIFF'S RETURN - REGULAR 'CASE NO: 2007-03726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS GILLON JOHNNIE 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 NELSON ERIKA M the DEFENDANT , at 2110:00 HOURS, on the 3rd day of October 2007 at 32 SOUTH HANOVER STREET APT 1 CARLISLE, PA 17013 ERIKA NELSON 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 6.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 to//q'o? 20.80 Sworn and Subscibed to before me this day So Answers: p R. Thomas Kline 10/08/2007 MILSTEAD & ASSOCIATES By: Deputy Sh ff -T A of A. D. SHERIFF'S RETURN - NOT FOUND 'CASE NO: 2007-03726 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS GILLON JOHNNIE 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 NELSON ERIKA M but was unable to locate Her in his bailiwick. He therefore returns the rlnAffnT T TTTT Ant-N )T T.nnnn the within named DEFENDANT , NELSON ERIKA M 318 EAST NORTH STREET CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge Postage NOT FOUND , as to So answers - r-° 18.00 4.80 5.00 R. Tho Kline 10.00 Sheriff of Cumberland County .58 38.38 MILSTEAD & ASSOCIATES 10/08/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03726 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS GILLON JOHNNIE 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 GILLON JOHNNIE L but was unable to locate Him in his bailiwick. He therefore returns the -- T -TM Tff-% 1T1 TT!'171 T? NOT FOUND , as to the within named DEFENDANT , GILLON JOHNNIE L 318 E NORTH STREET CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answe Docketing 18.00 Service 4.80 Affidavit 5.00 R. Thopa-b Kline Surcharge 10.00 Sheriff of--'Cumberland County Postage .58 /u'a41e9? 38.38 MILSTEAD & ASSOCIATES 10/22/2007 Sworn and Subscribed to before me this day of , A.D. MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Plaintiff, JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series # 2004-4, Vs. Johnnie L. Gillon and Erika M. Nelson, Defendants. Attorney for Plaintiff File No.: 1.06243 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-3726 CIVIL ACTION MORTGAGE FORECLOSURE MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, comes Plaintiff, JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2004-4, by its attorney Chrisovalante P. Fliakos, Esquire and moves this Honorable Court for an Order permitting Alternative Service upon the Defendant, Johnnie L. Gillon by posting and tacking the Complaint and all subsequent pleadings that require personal service on the premises known as 318 East North Street, Carlisle, PA 17013 (the "Premises") and by regular and certified mail to the Premises and 492 Tacoma Court, Fayetteville, NC 283036 pursuant to Pennsylvania Rule of Civil Procedure 430 and avers in support thereof: 1. Plaintiff filed suit against the Defendant, Johnnie L. Gillon (the "Defendant") in Mortgage Foreclosure on or about June 21, 2007. {00209674} 2. Plaintiff, JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2004-4, ("Plaintiff') is the mortgagee. 3. Plaintiff has attempted to effectuate service of the Complaint upon Defendant. Service was attempted on the Defendant at the mortgaged property address of 318 East North Street, Carlisle, PA 17013. According to the Sheriff's Return, their office was unable to serve the Defendant at said address because Defendant does not live there. A copy of the Sheriff's Return is attached herto and marked as Exhibit "A." 4. Service was also attempted on the Defendant at 492 Tacoma Court, Fayetteville, NC 28303. According to the Return, Defendant was not served at this address because current resident stated that Defendant moved to SC. A copy of the Return is attached hereto and marked as Exhibit "B." 5. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit submitted herewith and made a part hereof as Exhibit "C." Said investigation provides no new address information for the Defendant. 6. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. 7. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail and by posting at the mortgaged premises. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant, Johnnie L. Gillon by posting and tacking the Complaint and all subsequent pleadings that require personal service on the premises known as 318 East (00209674) North Street, Carlisle, PA 17013 (the "Premises") and by regular and certified mail to the premises and 492 Tacoma Court, Fayetteville, NC 28303. Respectfully submitted, C I rTEI & ASSOCIATES, LLC Chrisovalante P. Fliakos, Esquire Attorney ID No.: 94620 (00209674) MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No.: 1.06243 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series # 2004-4, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Johnnie L. Gillon and Erika M. Nelson, No.: 07-3726 CIVIL ACTION MORTGAGE FORECLOSURE Defendants. AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE STATE OF NEW JERSEY SS COUNTY OF CAMDEN I, Chrisovalante P. Fliakos, Esquire, being duly sworn according to law, hereby depose and say that the facts set forth below are true and correct to the best of my knowledge, information and belief. 1. Plaintiff filed suit against the Defendant, Johnnie L. Gillon (the "Defendant") in Mortgage Foreclosure on or about June 21, 2007. 2. Plaintiff, JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2004-4, ("Plaintiff") is the mortgagee. 3. Plaintiff has attempted to effectuate service of the Complaint upon Defendant. Service was attempted on the Defendant at the mortgaged property address of 318 East North Street, {00209674} Carlisle, PA 17013. According to the Sheriff's Return, their office was unable to serve the Defendant at said address because Defendant does not live there. A copy of the Sheriffs Return is attached herto and marked as Exhibit "A." 4. Service was also attempted on the Defendant at 492 Tacoma Court, Fayetteville, NC 28303. According to the Return, Defendant was not served at this address because current resident stated that Defendant moved to SC. A copy of the Return is attached hereto and marked as Exhibit "B." 5. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit submitted herewith and made a part hereof as Exhibit "C." Said investigation provides no new address information for the Defendant. 6. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. 7. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail and by posting at the mortgaged premises. ilstead Associates, LLC sovalante P. Fliakos, Esquire Attorney ID No.: 94620 {00209674} MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No.: 1.06243 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series # 2004-4, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Johnnie L. Gillon and Erika M. Nelson, No.: 07-3726 CIVIL ACTION MORTGAGE FORECLOSURE Defendants. MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE 1. INTRODUCTION This matter comes before the Court upon the Motion of Plaintiff, for an order permitting substituted service pursuant to Pa. R.C.Pro. 430(a) upon the Defendant Johnnie L. Gillon (the "Defendant") in this mortgage foreclosure action. II. FACTS Plaintiff filed suit against the Defendant, Johnnie L. Gillon (the "Defendant") in Mortgage Foreclosure on or about June 21, 2007. Plaintiff, JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2004-4, ("Plaintiff') is the mortgagee. Plaintiff has attempted to effectuate service of the Complaint upon Defendant. Service was attempted on the Defendant at the mortgaged property address of 318 East North Street, {00209674} Carlisle, PA 17013. According to the Sheriff s Return, their office was unable to serve the Defendant at said address because Defendant does not live there. A copy of the Sheriff s Return is attached herto and marked as Exhibit "A." Service was also attempted on the Defendant at 492 Tacoma Court, Fayetteville, NC 28303. According to the Return, Defendant was not served at this address because current resident stated that Defendant moved to SC. A copy of the Return is attached hereto and marked as Exhibit "B." Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit submitted herewith and made a part hereof as Exhibit "C." Said investigation provides no new address information for the Defendant. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail and by posting at the mortgaged premises. III. LEGAL ARGUMENT According to Pa. R.C.Pro. 430(a), a plaintiff may petition the court to provide an alternative method of service if the plaintiff cannot effectuate service upon the Defendant. The rule requires the affidavit presented in support of the motion for alternative service to state "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." Pa.R.C.Pro. 430(a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. {00209674} Rule 430 provides in pertinent part: 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. Pa.R.Civ.P. 430(a). It is well settled that, pursuant to Pa.R.Civ.P. 430(a), a method of substituted service which is reasonable calculated to give actual notice depending upon "what is reasonable under the circumstances, considering the interest at stake and the burden of providing notice" is acceptable. Romeo v. Looks, 369 Pa. Super. 608, 616 (1987). The instant matter is a mortgage foreclosure action. Clearly, service upon the Defendant at the property subject to the action and to all known addresses of Defendant and by publication is reasonably calculated to provide notice to the Defendant in light of the efforts already made by the Plaintiff to effectuate personal service. Plaintiff has attached an affidavit to its Motion which sets forth the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant. The Motion and the affidavit illustrate that Plaintiff has made a good faith effort to effectuate service under normal methods. Substituted service in this instant is appropriate under Pa.R.Civ.P. 430(a). IV. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint {00209674} and all subsequent pleadings which require personal service by certified and regular mail to all known addresses of Defendant and by posting at the mortgaged premises and by publication. sov to P. Fliakos, Esquire Attorney ID No.: 94620 {00209674} MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series # 2004-4, Plaintiff, Vs. Johnnie L. Gillon and Erika M. Nelson, Defendants. Attorney for Plaintiff File No.: 1.06243 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-3726 CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATION OF SERVICE I, Chrisovalante P. Fliakos, Esquire, hereby certify that I have served a true and correct copy of Plaintiff's Motion for Alternate Service to the following person or their attorney of record. XXXX Regular First Class Mail Certified Mail Other Date Served: December 19, 2007 TO: Johnnie Gillon 318 East North Street Carlisle, PA 17013 Johnnie Gillon Vso coma Cour t ville, NC 28303 ante P. Fliakos, Esquire {00209674) EXHIBIT "A" {00209674} SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03726 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS 1 1?\ GILLON JOHNNIE 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 GILLON JOHNNIE L but was unable to locate Him in his bailiwick. He therefore returns the ri.w er.r T 1-M W"?T]T n„Dv , NOT FOUND , as to the within named DEFENDANT 318 E NORTH STREET GILLON JOHNNIE L CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answe ?f - 'rte Docketing 18.00 Service 4.80 Affidavit 5.00 R. Tho??at Kline Surcharge 10.00 Sheriff of.,-Cumberland County Postage .58 38.38 MILSTEAD & ASSOCIATES 10/22/2007 Sworn and Subscribed to before me this day of A.D. EXHIBIT "B" {0020%74} Aug. 14. 2007 _ 2.25PM B & R SERVICES 236 80011.1 13TH STREET PHLADELPHIA,PA 18107 OW- 215)tei? 68. PHOME:12 54&7404 a?ede?s !s PadiNl#jI FAX: (215) M-0169 JP Morgan Chase Bank, et al _V3_ Johnnie L. GMm and Erika M. Nelson 215-985-0169 No-3889 P. 2 7 __X t^-- -?e w+tr?rro?Brhwea? Aron »mreura?vrocus?.rri av?,vwproarsswwn COURT Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUJIUM 074M Chill Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: S&R Cor"! S 08940"8-1 COUNTY OF FWADELPHIA: RafsY m Number 1.062x43 SERVICE INFORMATION On 27 day of June. 2007 we recelved the MorVW Foreclosure Complaint for service upon Johnrde L Gilton at 492 Tacoma Court Fayetteville, NC M03 """ Specistt Iratnralorra "" . Served Date Time Accepted Of. in the manner-described below:: Perron 4 served. i Adult famigr merrier. Relationship is ^ Adult in charge of residence who refused to give name w4tr relationship. Mamager/Ciedc of place of residence iodghrg Agent or person in ftrge of office or usual piece of business Other DawApt'wn of Parson Age Height _ Wetyht _ Race sex Otter. ® NotServsd Dyne q-/,2 -oTTime Not Served Informedon Moved - Unknown - No Answer -•' Vacant r Other _ThtCurry ? rf 5; den S -a a-? -Johan ;e G ?, ft z o n jrn©ued - co 5. C The Process Server, being duly sworn, Sworn to and subsdtbed befors me this deposes and says that the facts ad forth herein are true and correct to the hest of their n - _ day -m,,? i? knowledge, Wormation and blltkf. Process ServerlSAeritf Lsw.Flrm Phan; ~(ab6)462-14. For Chrisovalente P. Fllakos, Esquire 3erwBy Date 7!22=7 Wheel 14tlsteatd, LLC Filed Date 821/2007 220 lake Drive East *301, WoodkwW Falls Corp. Park Cherry Hill, NJ 06002 ORIGINAL Civil EXHIBIT "C" {00209674} Confidential Investigative Services, Inc. ATTENTION: Lisa Thomas Michael Milstead, LLC Woodland Falls Corporate Park 220 Lake Drive, East #301 Cherry Hill, NJ 08002 File #: 1.06243 Plaintiff: JP Morgan Chase Bank, as Trustee County: Cumberland vs. Term #: 07-3726 Defendant: Johnnie L. Gillon and Erika M. Nelson Locate: Johnnie L. Gillon Address given: 318 East North Street, Carlisle, PA 17013 THIRD AMENDED AFFIDAVIT OF GOOD FAITH INVESTIGATION LAST KNOWN ADDRESS 1) 318 East North Street, Carlisle, PA 17013 2) 492 Tacoma Court, Fayetteville, NC 28303 3) PO Box 281, Carlisle, PA 18013. INQUIRY OF CREDIT BUREAU The Credit Bureau reports the subject's most current address as 492 Tacoma Ct., Fayetteville, NC 28303. INQUIRY OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION The Pennsylvania Department of Transportation - Division of Motor Vehicles reports driver's license number 26131215 is issued to Johnnie L. Gillon at 318 East North Street, Carlisle, PA 17013. The subject's license is current and due to expire August 11, 2008. INQUIRY OF U.S. POST OFFICE (FOIA) 2) The Fayetteville Post Office reports mail is good as addressed to the subject at 492 Tacoma Court, Fayetteville, NC 28303 1) The Carlisle Post Office reports the subject's new address as PO Box 281, Carlisle, PA 18013. 3) The Carlisle Post Office reports mail is good as addressed to the subject at PO Box 281, Carlisle, PA 18013, and also reports the subject's address as 318 E North Street, Carlisle, PA 17013. SEARCH OF LOCAL TELEPHONE DIRECTORIES & PHONE COMPANY OPERATOR CONTACT The telephone company operator reports no listings issued in the subject's name in either Carlisle, PA or in Fayetteville, NC. CONTACTS 1) No neighbors on the 300 block of East North Street could be reached to confirm the subject's residency. 2) Ms. Virgil at 489 advised she is not familiar with the subject. Sh6 also advised 492 is occupied however, she is not familiar with the name of the household. Affidavit of Good Faith Investigations, oonCd (Gillo% J) I CERTIFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT, TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO TH"ENALTIES RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. AFFIANT: Ixo? COWAN, c 235 South 13th Street SW RN & SUBSCRIBED BEFORE ME THIS !"4. Philadelphia, PA 19107 O e - 2007 (215) 546-7400 Q ';0mmVfVwrj?LTHOFPENNSYLVANIA. (800) 503-7400 ??- ----?`?-- ?, NOTARIAL SEAL Fax (215) 985-0169 NOTARY PUBLIC CASSANft VBES'< NoWyPttblie City of Phibde*hla, Phila. County My Commission expires Nq* 4, X19 B&R • Court Filing Station Manager Carlisle, PA 18013. City, State, ZIP Code Services fo'Profes 'on01s Inc. •mcess erving • • Court Reporting Date: "66tober 1; 2007 Please provide apartment number or physical address information for post office box, if applicable Request for Change of Address or Boxhoider Information Needed for Services of Legal Process PLEASE FURNISH THE NEW ADDRESS OR THE NAME AND THE STREET ADDRESS (IF A BOxHOLDER) FOR THE FOLLOWING: Name: Johnnie L Gillon Address: PO Box 281 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CPR 265.8(d)(6)(u). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CPR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester is a process server. 2. Statute or regulation that empowers me to serve process is Pennsylvania Rules of Civil Procedure 400.1. 3. The names of all known parties to the litigation: JP Morgan Chase Bank vs. Johnnie L Gillon and . Erika M. Nelson 4. The Court in which the case has been or will be heard: Cumberland County Court of Common Pleas 5. The docket or othei'identifying number if one has been issued: 0. 7- 3726 6. The capacity in which this individual is to be served is a defendant. WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO 410,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001) I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. 235 South 13th Street Signature Address 10 Diane Cowan Philadelphia. PA 19107 Printed Name City, State, ZIP Code , .• FOR POST OFFICE USE ONLY Mail is good as addressed. _ Not known at address given. NEW ADDRESS OR BOXHOLDER'S POSTMARK _ Moved, left no forwarding address. NAME AND STREET ADDRESS _ No such address. 3) E / ,? 1oQ .,IS7- 70 ?' ??_ i >3 r-I cn DEC t 62007{ MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series # 20044, Plaintiff, Vs. Johnnie L. Gillon and Erika M. Nelson, Defendants. Attorney for Plaintiff File No.: 1.06243 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-3726 CIVIL ACTION MORTGAGE FORECLOSURE ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 This matter being opened to the Court by Plaintiff, JPMorgan Chase Bank as Trustee fir Equity One ABS, Inc. Mortgage/pass Through Certificate, series #2004-4, by and through its attorney, Chrisovalante P. Fliakos, Esquire, upon a Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleading submitted in connection with this matter and good cause shown: IT IS on this 31 day of 7k4A .W , 2007, ORDERED that the Motion for Alternative Service is GRANTED and IT IS FURTHER ORDERED that service of the Complaint and all subsequent pleadings in Mortgage Foreclosure that require personal service on the Defendant Johnnie L. Gillon shall be made by posting and tacking the Complaint and all subsequent pleadings that require personal service on the premises known as 318 East North (00209674) -Y-,-? G o-!£ a '°/ 9 9: 1 1 WV I C 33G LOOZ 301? 0--0311J Street, Carlisle, PA 17013 (the "Premises") and by regular and certified mail to the premises and 492 Tacoma Court, Fayetteville, NC 28303_ BY THE CO7it4t ?'If" - J. {00204674} MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No. 1.06243 JP Morgan Chase Bank as Trustee for COURT OF COMMON FLEA) Equity One ABS, Inc. Mortgage/pass CUMBERLAND COUNTY through certificate series # 2004-4, Plaintiff, No.: 07-3726 Vs. Entry of Appearance Johnnie L. Gillon, and Erika M. Nelson, Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series # 2004-4, in the above captioned matter. MILSTEAD & ASSOCIATES, LLC Hei Spivak, Esquire Attorney ID No. 74770 CJ MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No. 1.06243 JP Morgan Chase Bank as Trustee for COURT OF COMMON PLEAS Equity One ABS, Inc. Mortgage/pass CUMBERLAND COUNTY through certificate series # 2004-4, Plaintiff, No.: 07-3726 Vs. Praecipe to Reinstate Complaint in Johnnie L. Gillon, Mortgage Foreclosure and Erika M. Nelson, Defendants. TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. MILSTEAD & ASSOCIATES, LLC Hei ' . Spivak, Esquire Attorney ID No. 74770 ? 8 °O 4 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-03726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS GILLON JOHNNIE ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GILLON JOHNNIE L DEFENDANT the at 1610:00 HOURS, on the 4th day of February-, 2008 at 318 EAST NORTH STREET CARLISLE, PA 17013 POSTED PROPERTY AT 318 E by handing to NORTH STREET CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posted Surcharge W1071109 18.00 4.80 6.00 10.00 .00 38.80 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/05/2008 MILSTEAD & ASSOCIATES By Deputy Sheriff of A. D. MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire Attorney for Plaintiff ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 File # 1.06243 JP Morgan Chase Bank as Trustee for COURT OF COMMON PLEAS Equity One ABS, Inc. Mortgage/pass CUMBERLAND COUNTY through certificate series # 2004-4 , Plaintiff, . Vs. No.: 07-3726 Johnnie L. Gillon , and Erika M. Nelson Defendants. ' AFFIDAVIT OF SERVICE I, Heidi R. Spivak, Esquire, of full age, being duly sworn according to the law, upon my oath, depose and say that Defendant, Johnnie L. Gillon, was served with the Complaint in Mortgage Foreclosure via regular and certified mail per the terms of the Court Order on February 27, 2008 at 318 East North Street, Carlisle, PA 17013 and 492 Tacoma Court, Fayetteville, NC 28303. The Affidavits of Service are attached hereto as Exhibit "A". Chi ??-1C. Hei i R. Spivak, Esquire Attorney ID #74770 {00188833} o v r? 1-0 ?yy Ia C N W O 00 N vAi G (9 W O O c? w C CD w (? O O 0 W 0 w ?j - k-A wwmmmw? 0 Z .? w 0 O :9 lei m `. n .o m a ?. _ Ln m m ru mm? a- w m a w ?- N ?.?. -i --- S U O U O FJ UNIT-L, O W ..Q C A m ul .7s ?J t7 1? ?? 4C') M Q N s M y w W 6 Cy !•J ZA Q Y ?- z<R ?M CC) ? I 0 - N CD ([ CA op L J v f 7' J I V v G G r "moo UNRE< ?n Ti ? a rn r O rn v ? c, Q • A O K) ?? 0 0 ?, b t 1` qes ti z < N • > o o C , fJ) y K cu w 0 o N co a ? o o b w Z m o- -? C `a r ITI w w _ m £i?Z9o- I 1U f ?. ? o o uNrrFC vW? ? l7 ?U ?Ryy???r ? Q ?J Y, K m ..? q v J C D `, c3 i rJ ?. Q CD r? _ M. T CD cn fTd : - G C- G1 •. N ? cD I (D G7 O w or' b 00 w 0 w tL b UN N Q xi ? b rn J os ? v I ° pZ I m ?? ..i o ¦ ao w n c. W. O ?? O r L;?t Fri n -rs -Ti _?* t_% rn MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series # 2004-4, Plaintiff, Vs. Johnnie L. Gillon, and Erika M. Nelson, Defendants. TO THE PROTHONOTARY: Attorney for Plaintiff File No. 1.06243 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-3726 Praecipe to Dismiss the Mortgage Foreclosure Action without Preiudice Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prej udice. MILSTEAD & ASSOCIATES, LLC '\4 Willi R. Spivak, Esquire Attorney ID No. 74770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE M. MEEKER and JOAN MEEKER, Plaintiffs CIVIL ACTION - LAW VLZ F WACHOVIA BANK, N.A., JASON P. MEAD and JENNY C. LACY, . Defendants NO: 2008-3726 MOTION REQUESTING RULE TO SHOW CAUSE BE MADE ABSOLUTE OP AND NOW, this Z day of December, 2008 comes the Defendant, Jenny C. Lacy, by and through her counsel, Archie V. Diveglia, who files the following Motion on her behalf: 1. This action was started by a Writ of Summons filed by the Plaintiffs against all Defendants, including Jenny C. Lacy. Thereafter, Plaintiffs attempted pre-complaint discovery, which was objected to by Defendant, Jenny C.Lacy. 2. On October 3, 2008, Defendant Lacy filed a Motion for Protective Order Pursuant to Pa. R.C.P. 4003.8 which was served upon the Plaintiffs' counsel, James B. Duncan. 3. On October 9, 2008, the Honorable M. L. Ebert, Jr. issued a Rule upon the Plaintiffs to show cause why the Protective Order should not be granted, directing that the Plaintiffs file an Answer on or before October 30, 2008. 1 4. No Answer to the Rule to Show Cause has ever been filed by the Plaintiffs, and therefore pursuant to paragraph 4 of the Order of October 9, 2008, Defendant Jenny C. Lacy files this Motion that the Rule be made absolute. WHEREFORE, Defendant Jenny C. Lacy requests this Honorable Court to issue a Protective Order prohibiting further discovery by Plaintiffs against Defendant Lacy without first filing a Complaint. Date: 1 2 - 2 - o? Respectfully Submitted, DIVEG YL C. By: Archie V. Diveglia Attorney ID# 17140 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Defendant 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE M. MEEKER and JOAN MEEKER, Plaintiffs Vs. WACHOVIA BANK, N.A., JASON P. MEAD and . JENNY C. LACY, . Defendants CIVIL ACTION - LAW NO: 2008-3726 CERTIFICATE OF SERVICE AND NOW, this 2°d day of December, 2008, I, Archie V. Diveglia, for DIVEGLIA 8v KAYLOR, P.C., hereby certify that a copy of the foregoing MOTION REQUESTING RULE TO SHOW CAUSE BE MADE ABSOLUTE was served by first class U.S. Mail, postage pre-paid and addressed to the following: Jason B. Duncan, Esq. Law Offices of Duane P. Stone, P.C. P.O. Box 696 8 N. Baltimore Street Dillsburg, PA 17019 DIVEGLIA & KAYLOR,,.P.C. By: Archie V. Diveglia) Es Attorney I.D. # 17140 Two Lincoln Way We New Oxford, PA 1735 (717) 624-2500 Attorney for Defendant fi< "7 1, _) _..? "^ 3 ?'43 S r ._....? C:; ?,