Loading...
HomeMy WebLinkAbout07-6121PHELAN 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 163757 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2006-WFHE3 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. MICHAEL R. JACOBS 120 STONEY RUN ROAD DILLSBURG, PA 17019 DAWN E. JACOBS 219 SOUTH 15TH STREET CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. b'7_ bias civil lem CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 163757 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 #: 163757 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 #: 163757 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 #: 163757 1. Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2006-WFHE3 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL R. JACOBS 120 STONEY RUN ROAD DILLSBURG, PA 17019 DAWN E. JACOBS 219 SOUTH 15TH STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/31/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to WELLS FARGO BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1962, Page: 717. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 07/01/2007 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 #: 163757 6. The following amounts are due on the mortgage: Principal Balance $100,995.11 Interest $3,433.30 06/01/2007 through 10/ 17/2007 (Per Diem $24.70) Attorney's Fees $1,250.00 Cumulative Late Charges $122.04 07/31/2006 to 10/17/2007 Cost of Suit and Title Search 550.00 Subtotal $106,350.45 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $106,350.45 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 163757 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 $106,350.45, together with interest from 10/17/2007 at the rate of $24.70 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SC LP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 163757 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground SITUATE in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit; BEGINNING at a point on the East side of Fifteenth Street, said point being 180.00 feet South of the Southeast corner of Fifteenth and Seconds Street; THENCE Eastwardly through the center of the partition wall separating premises No. 217 South Fifteenth Street from the premises herein conveyed and beyond 150.00 feet to a point on the Western side of a 20 foot wide alley; THENCE Southwardly along the Western side of said Alley twenty feet, more or less, to a point (This course was erroneously omitted from previous deeds); THENCE Westwardly along the Northern side of Lot No. 108, 150.00 feet to a point on the Eastern side of Fifteenth Street; THENCE Northwardly along the Eastern side of Fifteenth Street, 20 feet, more or less, to the place of Beginning. BEING the Southern half of a double two and one-half story dwelling known and numbered as 219 South Fifteenth Street. BEING the Southern portion of Lot No. 107 on a plan of Lots known as Greater Harrisburg Estate of Jackson Free, recorded in the Office of the Recorder of Deeds in and for Cumberland County aforesaid, in Plan Book 1, page 20. BEING TAX NUMBER 01-22-0826-086 File #: 163757 BEING the same premises which Craig M. Zimmerman and Connie S. Zimmerman by Deed dated November 18, 2002 and recorded November 25, 2002 in Cumberland County Deed Book 254 page 3459 granted and conveyed unto Michael R. Jacobs, in fee. File #: 163757 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: -L6 "17 FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff J ?p PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney For Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2006-WFHE3 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY V. MICHAEL R. JACOBS DAWN E. JACOBS NO. 2007-06121 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: lq d File #: 163757 Phelan Ha inan and Schmieg, LLP By: Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire r /l PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 US BANK NATIONAL ASSOCIATION, COURT OF COMMON PLEAS AS TRUSTEE FOR CMLTI 2006-WFHE3 CIVIL DIVISION CUMBERLAND COUNTY V. MICHAEL R. JACOBS DAWN E. JACOBS NO. 2007-06121 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date listed below: MICHAEL R. JACOBS 120 STONEY RUN ROAD DILLSBURG, PA 17019 DAWN E. JACOBS 219 SOUTH 15THE STREET CAMP HILL, PA 17011 F NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Attorney for Plaintiff Zd'-510 Dated: J VERIFICATION Yolanda Williams hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK N.A., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. _? A NaWe: Y'blanda Williams DATE: October 22, 2007 Title: Vie President of Loan Documentation Company: WELLS FARGO BANK N.A. Loan:0154107197 File #: 163757 ?_ ='? ?? ` ?; ?, 7 r r ; ? ? r ,..... ? f c° n-? C"1 ,: - -^r '' ??r ?* = ? ?' . ? , c;, ?; c. ; =?ra ..? % SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06121 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS JACOBS MICHAEL R 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 JACOBS MICHAEL R but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the NOT FOUND , as to the within named DEFENDANT , JACOBS MICHAEL R 219 SOUTH 15TH STREET CAMP HILL, PA 17011 DEFENDANT DOES NOT LIVE AT 219 SOUTH 15TH STREET CAMP HILL Sheriff's Costs: So answer Docketing 18.00 Service 14.40 -' Not Found 5.00 R. Thoma Kline Surcharge 10.00 Sheriff of Cu erland County I?gIG .00 47.40 PHELAN HALLINAN SCHMIEG 11/16/2007 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06121 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS JACOBS MICHAEL R 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 JACOBS DAWN E but was unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the NOT FOUND , as to the within named DEFENDANT 219 SOUTH 15TH STREET JACOBS DAWN E CAMP HILL, PA 17011 DEFENDANT DOES NOT LIVE AT 219 SOUTH 15TH STREET CAMP HILL Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 D? Sworn and Subscribed to before me this day of A. D. So answ R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 11/16/2007 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06121 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND Y .US BANK NATIONAL ASSOCIATION VS JACOBS MICHAEL R ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: JACOBS MICHAEL R but was unable to locate Him deputized the sheriff of PERRY in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On November 16th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answer Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas K 'ne Postage 1.48 ?o? Sheriff of Cumberland County .00 4? 26.48 DO 11/16/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06121 P COMMONWEALTH OF PENNSYLVANIA: COUN'T'Y OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS JACOBS MICHAEL R ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT ?Tr /T l'?T I'Y TT T.TTT T1 to wit: but was unable to locate Her deputized the sheriff of PERRY serve the within COMPLAINT - MORT FORE On November 16th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answ . Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 ?0161 Sheriff of Cumberland County .00 16.00 orb 11/16/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of County, Pennsylvania, to in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06121 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND .US BANK NATIONAL ASSOCIATION VS JACOBS MICHAEL R ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: JACOBS MICHAEL R but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT - MORT FORT County, Pennsylvania, to On November 16th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Postage . 00 1a) 26.48 pls 11/16/2007 PHELAN HALLINAN SCHMIEG Sheriff or Deputy Sheriff who being in his bailiwick. He therefore So answ _ y 6.00 9.00 10.00 R. Thomas Klin 1.48 ?,io Sheriff of Cumberland County Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06121 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS JACOBS MICHAEL R ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: JACOBS DAWN E but was unable to locate Her deputized the sheriff of YORK serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On November 16th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answe Docketing 6.00 Out of County .00 Surcharge 10.00 R."Thomas Kline .00 Sheriff of Cumberland County .00 16.00 11/16/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland. County, Pennsylvania US Bank National Association ' vs. Michael R. Jacobs et al SERVE: Dawn E. Jacobs No. 07-6121 civil Now, October 19, 2007 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Pert County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA 20 , at o'clock M. served the In The Court of Common Pleas of Cumberland County, Pennsylvania US Bank National Association VS. Michael R. Jacobs et al SERVE: same No. 07-6121 civil Now, October 19, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20, 20 , at o'clock M. served the copy of the original COSTS SERVICE - MILEAGE _ AFFIDAVIT County, PA SHERIFF'S RETURN US Bank NA VS Michael R. Jacobs and Dawn E. Jacobs RR3 Box 5-F Newport, PA 17074 In the Court of Common Pleas Of the 415 Judicial District of Pennsylvania- Perry County Branch No. 2007-6121 Cumberland County Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Michael R. Jacobs and Dawn E. Jacobs, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure for the above named Defendant(s) Michael R. Jacobs and Dawn E. Jacobs, at RR3 Box 5-F Newport, PA 17074, NOT FOUND. THERE IS NO SUCH ADDRESS IN NEWPORT, PA. THE NEWPORT PA POST OFFICE STATES THAT THEY DO NOT DELIVER MAIL TO ANYONE WITH THE ABOVE NAMES. Sincerely, Sworn and subscri ZW10re me this day of , 2007. AAAV 1.4- Z". oet-1 NOTARIAL SEAL MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2008 Carl E. Nace Sheriff of Perry County v4 ... y COUNTY OF-YORK 10F2 OFFICE OF THE SHERIFF S(1 1 9601`- 45 N. GEORGE ST.,YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LSE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFFIS/ 2 COURT J??MB?2 U /-6121 civil US BANK, NA,... 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT C I MF MICHAEL R. JACOBS, DAWN E. JACOBS, MORTGAGE FORECLOSURE SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD MICHAEL R. JACOBS 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO. TWP. STATE AND ZIP CODE) AT 120 STONEY RUN ROAD, DILLSBURG, PA 17019 7. INDICATE SERVICE H] PERSONAL U PERSON IN CHARGE DEPUTIZE 3 CE T L U 1 ST CLASS MAIL U POSTED U OTHER NOW October 19 , 20 07 I, SHERIFF OF `Pl i- COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this r n ke return ther of•according to law. This deputization being made at the request and risk of the plaintiff., H 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE O/C Cumber and Please mail return of service to Cumberland County Sheriff. Thank you. ATTEMPT SERVICE 3 TIMES AND ONCE AFTER 6PM ADV FEE PD Bt LAW FIRM NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before shenffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATI 10. TELEPHONE NUMBER 11 DATE FILED FRANCIS S. HALLINAN, ESQ . 215-563-7000 g 0/ 1 S/ 0 7 12.-SEND-NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW'"(This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF ONE COURTHOUSE SQ CARLISLE PA 17013 SPACE BELOW FOR USE OF THE SEERF'F - DO NOT, PYRITE BELOW THIS LIM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as Indicated above. LT M M C G I L L 10/22 / 07 11/17/07 16. HOW SERVED: PERSONAL RESIDENC POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 0 I here certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 1 N TL OF INDIVIDUALny cakill, DRESS H RE IF OT SHOWN ABO Relationship to Defendanq 1 Date of Serves 20 Tinge of ({Z7 ?7JU /*'? 21. ATTES Miles 1W. Date Miles Int Date ime M Date Time Miles Int. Date Time Miles lnl. Date Time Miles Int. 22. 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27 Postage 28 Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or efund Check No 100.00 34. Foreign County Costs 35. Advance Costs 36 Service Costs u 37. Notary Cert 38. Mileage/Postage/Not Found 39 Total Costs 4 Costs Du or Refund nd F ANSWERS 41. AF IRMED and subscribed to bet a me thy Y 44Signature of 2 45 }?ATF f -R O V -v 20? 42 d ff (l 0 ,,? O v ? . ay o Dep. Sheri ? L ` ?8154+ I NOTA Y Eat 46. Signature of York ATE iJ?Tr,KY PUCL CouMvSherifl - CnQUNTY WILLIAM M HOSE SHERIFF 11-2-2007 Y, . , f,_IG.12,200? 48. Signature of Foreign 49 DATE County Sheriff I 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Shenfrs Office 7 cur ? COUNTY OF -YORK OFFICE OF THE SHERIFF S(7117)177196011, 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE WSTRUCT1ONS PtEASE PROCESS RECEIPT and AFFIDAVIT OF RETURN TYPE ONLY LWE 1 THRU 12 DO NOT DETACH ANY COPES PLAINTIFF/S/ US BANK, NA,... 2 COURT NU B R 07-6 1 clvll 3. DEFENDANT/S/ MICHAEL R. JACOBS, DAWN E. JACOBS •. kTrcUrvvn11Ura?--' '-. u mr MORTGAGE FORECLOSURE SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD DAWN E. JACOBS 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY. BORO. TWP. STATE AND ZIP CODE) AT 120 STONEY RUN ROAD, DILLSBURG, PA 17019 7. INDICATE SERVICE PERSONAL O PERSON IN CHARGE DEPUTIZE U ERT 1L U 1 ST CLASS MAIL U POSTED '-I OTHER NOW October 19 10-7 1, SHERIFF OF 'f?l< COUNTY, PA, do hereby deputize the sheriff of York COUNTY to executep make return according to law. This deputization being made at the request and risk of the plaintiff.. ??? SHERIFF OF INEWCOUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE O/C Cmber Please mail return of service to Cmberland County Sheriff. Thank you. ATTEMPT SERVICE 3 TIMES AND ONCE AFTER 6PM NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same wiVwul a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and FRANCIS S. HALLINAN,ESQ. 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. CUMBERLAND CO SHERIFF 1 L1???b.3N /UUU ER area must be comple ed if notice is to be mailed) 11. DATE FILED 10/13/07 SPACE BELOW FOR USE OF THE SHERIFF - OO NOT WRITE BELOW THIS LIFE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date of complaint as whdicated above. LT M M C G I LL 10/22 _ /0 7 11/17/07 16. HOW SERVED: PERSONAL ( ) RESIDENC ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O eby certiry and retu%n NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 1 A ND DUA ER /LIST ADDRES RE 1 SHOWN elation ip to Defendant) 19. Date of Service 20 Ti of Servi 5 US1340 P 0-Z4n 1 C 21. A S Iles I t Dail Time Miles Int Date Time Miles Int Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int. 22. REMARKS 23. Advance Costs 24 Service Costs 25. N/F 26 Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No 34. Foreign County Coats 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mdeage/Postage(Not Found 39. Total Costs 40 Costs Due or Refund n so ANS S 41. AFFIRMED and subscribed to bet a me thi N O V 0 7 N. Signature of 45. DAT o- .5 Y-, ) 42. day of 43 20, Dep. Sheriff 1 . - 46. Signature of York ATE County Sheriff u! U.'_ .. -r .Yuuuc WILLIAM M. HOSE, SHERIFF _ 11-2-2007 I 48 Signature of Foreign 67 49 DATE ^^ = County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF"J RETURN SIGNATURE 101 UA I t Kt:Ut_1VtU OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Isswng Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - ShenRs Office .3 y eA`Y , - Phelan allinan & Schmieg, LLP ....16.17. KBoule~rard,.Suite .1400 _ Attorney For Plaintiff One Pe Center Plaza. Philade phia, PA 19103 215-56 -7000 US B K NATIONAL ASSOCIATION, Court of Common Pleas AS TR STEE FOR CMLTI 2006-WFHE3 :Plaintiff Civil Division ~ :: f ~s CUMBERLAND County MICR EL R. JACOBS No. 2007-06121 DAVVZ~E. JACOBS Defendant PRAECIPE TO THE PRO'~HONOTARY: Please wii prejudice. the complaint and mark the action discontinued and ended without ,,, Date: ctober 1 2010 I_ ... . PHS# c~ ~ ~ ~ --, ~ PHELAN HAL INAN & SCHMIEG, ~°.~ rn~ ~ ~ _ ~~ ---` err' c' Lawrence T. Phelan, d. No. 3222~~ c~ ,,. Francis S. Hallinan, Esq., Id. No. 62695xQ ~ o~-, r'~' Daniel G. Schmieg, Esq., Id. No. 62205~~ •• y-+, Michele M. Bradford, Esq., Id. No. 69849 c~~ ~ Judith T. Romano, Esq., Id. No. 58745 ~ieetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff . .-~ : .