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HomeMy WebLinkAbout08-1132MILSTEAD & 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 Our file number: 55.07946 HomEq COURT OF COMMON PLEAS 701 Corporate Center Drive CUMBERLAND COUNTY Raleigh, NC 27607, Plaintiff, Vs. No.: 0S. 1132 0I' i t (erm Cindy L. Richards and Known/Unknown Occupants 192 Texaco Road Mechanicsburg, PA 17050, Defendants. CIVIL ACTION (REAL PROPERTY) LEASE OR EJECTMENT You have been sued in Court. If you wish to defend against the claims set forth on 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 an attorney and filing in writing with the Court, your defense or objects 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 claims or relief requested by the Plaintiff. You may lose money or personal 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 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. {00127654} 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 Our file number: 55.07946 HomEq COURT OF COMMON PLEAS 701 Corporate Center Drive CUMBERLAND COUNTY Raleigh, NC 27607, Plaintiff, Vs. Cindy L. Richards and Known/Unknown Occupants 192 Texaco Road Mechanicsburg, PA 17050, Defendants. No M- /1-32 ' n-! Itu.- ; COMPLAINT IN EJECTMENT 1. HomEq (herein referred to as "Plaintiff') is a bank, conducting business under the laws of the Commonwealth of Pennsylvania and brings this Ejectment action against Defendants, Cindy L. Richards and Known/Unknown Occupants (the "Defendants") 2. Defendants are the individuals occupying 192 Texaco Road, Mechanicsburg, PA 17050, (hereinafter referred to as "Premises") more fully described in the legal description attached as Exhibit "A". 3. Plaintiff is the record owner of the Premises where Defendants reside, having filed a Complaint in Mortgage Foreclosure proceeded to judgment in that action and acquired Title to the Premises by a Sheriff Sale, which took place on September 5, 2007 in favor of Plaintiff. The Sheriff's Deed was recorded on September 25, 2007 in Instrument Number 200737175. Please see a copy of the recorded Sheriff's Deed attached hereto as Exhibit "B". 4. The Defendants have no valid legal right to possession and Title to the Premises. Plaintiff claims the right to possession of the Premises to the exclusion of the Defendants. WHEREFORE, Plaintiff requests that this Court enter a Complaint in Ejectment against the Defendants. MILSTEAD & ASSOCIATES, LLC A f -3 iQ 3 -L' By: eidi R. Spivak, Esquire ID No. 74770 Attorney for Plaintiff VERIFICATION I, Heidi R. Spivak, Esquire, 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 Ejectment 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. MILSTEAD & ASSOCIATES, LLC By: i R. Spivak, Esquire ID No. 74770 Attorney for Plaintiff .• i F LEGAL DESCRIPTION 192 TEXACO ROAD MECHANICSBURG, PA 17050 CUMBERLAND County EXHIBIT 'A' ALL THAT CERTAIN lot of land situate in Silver Springs Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the centerline of Texaco Road at the Southeast corner of Lot No. 4 on the hereinafter mentioned Plan of Lots, which point is 858.5 feet from the centerline of Hempt Road; thence along Lot No. 4 on the said Plan of Lots, North 47 degrees 30 minutes West, 291.07 feet to an iron pin in line of lands now or formerly of Flight Systems, Inc.; thence along said lands, North 47 degrees 39 minutes East, a distance of 295.53 feet to an iron pin at line of lands now or formerly of Marlin H. Eichelberger; thence along said lands now or formerly of Marlin H. Eichelberger, South 43 degrees 42 minutes East, 265.17 feet to the centerline of Texaco Road (which point is 582.5 feet from the centerline of Hempt Road); thence along said centerline, South 42 degrees 30 minutes West, a distance of 276.0 feet to a point, the place of beginning. BEING Lot No. 1 on the Final Resubdivision Plan for John B. Kreamer, dated March 18, 1982 and recorded in Plan Record Book 42, Page 47, Cumberland County records. HAVING thereon erected a dwelling house and garage known and numbered as 192 Texaco Road. Tax Parcel #38-21-0295-026 IXHIBIT A "B K I'N 4 ?C0 1 -%66?9 A T1131HX3 f / 7-S1 Tax Parcel No. 38-21-0295-026 Know all Men by these Presents That 1, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to HomEq Real Estate Sale No. 71 Writ No. 2007-2317 Civil Term U.S. Bank National Association as Trustee VS Cindy L. Richards Atty. Joseph A. Goldbeck, Jr. DESCRIPTION ALL THAT CERTAIN lot of land situate in Silver Spring Township, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as hollows, to wit: BEGINNING at a point in the centerline of Texaco Road at the Southeast corner of Lot No. 4 on the hereinafter mentioned Plan of Lots. Which point is 858.5 feet from the centerline of Hempt Road; thence along Lot No. 4 on the said Plan of Lots, North 47 degrees 30 minutes west, 291.07 feat to an iron pin at line of lands now or formerly of Flight Systems, Inc.; thence along said lands, North 47 degrees 39 minutes East, a distance of 295.53 feet to an iron pin at line of lands now or formerly of Marlin H. Eichelberger; thence along said lands now or formerly of Marlin H. Eichelberger, South 43 degrees 42 minutes East, 265.17 feet to the centerline of Texaco Road (which point is 582.5 feet from the centerline of Hempt Road); thence along said centerline, South 42 degrees 30 minutes West, a distance of 276.0 feet to a point, the place of beginning, BEING Lot No. 1 on the Final Resubdivision Plan for John B. Kremer, dated March 18, 1982 and recorded in Plan Record Book 42, Page 47, Cumberland County records. HAVING thereon erected dwelling house and garage known and numbered as 192 Texaco Road. Tax parcel no: 38-21-0295-026 EXHIBIT B 8 TISIHX3 The same having been sold by me to the said grantee on the 5th day of September Anno Domini Two Thousand and Seven (2007) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 5th day of June Anno Domini 2007 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Seven (2007) Number 2317 at the suit of U.S. Bank National Association as Trustee against Cindy L. Richards. In Witness Wereoi, I have hereunto affixed my signature this 25th day, of S4tMbEr Anno Domini Two Thousand and Seven (2007) It. Thomas K1in , Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Renee Simpsm, Deputy of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in.the foregoing:Deed are-.true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 25thday of S9Pt • Anno Domini Two Thousand and Seven (2007) thonotary 1 I hereby certify that the residence And Post Office address of the Within Grantee is 1100 Corporate Center Drive Raleigh, NC 27607 Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200737175 Recorded On 9/25/2007 At 1:01:40 PM * Instrument Type - DEED-SHERIFF'S Invoice Number - 5263 User ID - KW * Grantor - RICHARDS, CINDY L * Grantee - HOMEQ * Customer - SHERIFF * FEES STATE %MIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $39.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded " Cumberland County PA RECORDER O/DrS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OML9 111111111111111 00 C' Yf Frr ?"? -?. p Oa N ; 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01132 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMEQ VS RICHARDS CINDY L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RICHARDS CINDY L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT the within named DEFENDANT , RICHARDS CINDY L 192 TEXACO ROAD NOT FOUND , as to MECHANICSBURG, PA 17050 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing 18.00 Service 10.56 Not Found 5.00 Surcharge 10.00 .00 43.56 So answers: M R. Thom s Kline Sheriff of Cumberland County MILSTEAD & ASSOCIATES 02/27/2008 Sworn and Subscribed to before me this day of A. D. ' SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01132 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMEQ VS RICHARDS CINDY L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT f-!rlt'TM T TTTTC but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , the within named DEFENDANT 192 TEXACO ROAD MECHANICSBURG, PA 17050 GIVEN ADDRESS IS VACANT. OCCUPANTS NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge 3/03/0 k So answers 6.00 .00 5.00 R. Th omas Kline 10.00 Sheriff of Cumberland County 00 21.00 MILSTEAD & ASSOCIATES 02/27/2008 Sworn and Subscribed to before me this day of A. D. MILSTEAD & ASSOCIATES, LLC By: Heidi R. Spivak, Esquire Attorney ID# 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Our File No.: 55.07946 HomEq COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Cindy L. Richards, and Known/Unknown Occupants, Case No.: 08-1132 Defendants. MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, comes Plaintiff, HomEq, by its attorney Heidi R. Spivak, Esquire and moves this Honorable Court for an Order permitting Alternative Service upon the Defendants, Cindy L. Richards and Known/Unknown Occupants, by posting and tacking a copy of the Complaint upon the property known as 192 Texaco Road, Mechanicsburg, PA 17050 and by regular and certified mail to the mortgaged premises pursuant to Pennsylvania Rule of Civil Procedure 430 and avers in support thereof: 1. Plaintiff, HomEq, is the owner of the real property commonly known as 192 Texaco Road, Mechanicsburg, PA 17050 (the "Property") following the prosecution of a mortgage foreclosure action and Sheriff's Sale. 2. Plaintiff filed suit against the Defendants, Cindy L. Richards and Known/Unknown Occupants ("Defendants") in Ejectment on or about February 21, 2008. 3. Plainttff was advised by the Sheriff of Cumberland County that the property address is vacant. Attached hereto and made a part hereof as Exhibit "A" is a true and correct copy of the Sheriff s Return. MIN I, I C11 4. According to the information provided by the Sheriff's Dept, neither the Defendant or any other person is occupying the Property. The Property is under the control and in the possession of the Plaintiff 5. Plaintiff is aware of personal property still left in the property address of 192 Texaco Road, Mechanicsburg, PA 17050 that needs to be removed. 6. Pennsylvania Rule of Civil Procedure 430 permits service of process in Ejectment Actions by regular and certified mail to a Defendants' last known address. 7. As no party, including the former real owner of the Property, Cindy L. Richards, is physically at the Property, Plaintiff respectfully request an order allowing the Plaintiff to serve by posting and tacking a copy of the Complaint and all subsequent pleadings in Ejectment on the property known as 192 Texaco Road, Mechanicsburg, PA 17050 and by regular and certified mail, return receipt requested, to the same address simply to complete the eviction of any personal property remaining at the property address. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendants, Cindy L. Richards and Known/Unknown Occupants by posting and tacking a copy of the Complaint and all subsequent pleadings in Ejectment on the property known at 192 Texaco Road, Mechanicsburg, PA 17050 and by regular and certified mail, return receipt requested, to the same address. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC QL,-)1,Q1aL Hei R. Spivak, Esquire Attorney ID No.: 74770 (An I I, 1 .11 MILSTEAD & ASSOCIATES, LLC By: Heidi R. Spivak, Esquire Attorney ID# 74770 220 Lake Drive East, Suite 301 Cherry Hill, N3 08002 (856) 482-1400 Attorney for Plaintiff Our File No.: 55.07946 HomEq COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Cindy L. Richards, and Known/Unknown Occupants, Case No.: 08-1132 Defendants. AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE STATE OF NEW JERSEY SS COUNTY OF CAMDEN I, Heidi R. Spivak, Esquire, being duly sworn according to law, hereby depose and say that the facts set forth in the foregoing Motion for Alternative Service are true and correct to the best of my knowledge, information and belief. 1. Plaintiff, HomEq, is the owner of the real property commonly known as 192 Texaco Road, Mechanicsburg, PA 17050 (the "Property") following the prosecution of a mortgage foreclosure action and Sheriff's Sale. 2. Plaintiff filed suit against the Defendants, Cindy L. Richards and Known/Unknown Occupants ("Defendants") in Ejectment on or about February 21, 2008. 3. Plainttff was advised by the Sheriff of Cumberland County that the property address is vacant. Attached hereto and made a part hereof as Exhibit "A" is a true and correct copy of the Sheriffs Return. 4. According to the information provided by the Sheriff's Dept, neither the Defendant or any other person is occupying the Property. The Property is under the control and in the possession of the Plaintiff -Al I, I C11 5. Plaintiff is aware of personal property still left in the property address of 192 Texaco Road, Mechanicsburg, PA 17050 that needs to be removed. 6. Pennsylvania Rule of Civil Procedure 430 permits service of process in Ejectment Actions by regular and certified mail to a Defendants' last known address. 7. As no party, including the former real owner of the Property, Cindy L. Richards, is physically at the Property, Plaintiff respectfully request an order allowing the Plaintiff to serve by posting and tacking a copy of the Complaint and all subsequent pleadings in Ejectment on the property known as 192 Texaco Road, Mechanicsburg, PA 17050 and by regular and certified mail, return receipt requested, to the same address simply to complete the eviction of any personal property remaining at the property address. Milstead & Associates, LLC l He R. Spivak, Esquire Attorney ID No.: 74770 MILSTEAD & ASSOCIATES, LLC By: Heidi R. Spivak, Esquire Attorney ID# 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Our File No.: 55.07946 HomEq COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Cindy L. Richards, and Known/Unknown Occupants, Defendants. Case No.: 08-1132 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 1. INTRODUCTION Plaintiff, HomEq, by its attorney Heidi R. Spivak, Esquire and moves this Honorable Court for an Order permitting Alternative Service upon the Defendants, Cindy L. Richards and Known/Unknown Occupants by posting and tacking a copy of the Complaint upon the property known as 192 Texaco Road, Mechanicsburg, PA 17050 and by regular and certified mail to the mortgaged premises pursuant to Pennsylvania Rule of Civil Procedure 430 and submits the within memorandum of law in support thereof. II. FACTS Plaintiff, HomEq, is the owner of the real property commonly known as 192 Texaco Road, Mechanicsburg, PA 17050 (the "Property") following the prosecution of a mortgage foreclosure action and Sheriffs Sale. Plaintiff filed suit against the Defendants, Cindy L. Richards and Known/Unknown Occupants ("Defendants") in Ejectment on or about February 21, 2008. Plainitff was advised by the Sheriff of Cumberland County that the property address is vacant. Attached hereto and made a part hereof as Exhibit "A" is a true and correct copy of the Sheriff's Return. mni111coi According to the information provided by the Sheriff's Dept, neither the Defendant or any other person is occupying the Property. The Property is under the control and in the possession of the Plaintiff Plaintiff is aware of personal property still left in the property address of 192 Texaco Road, Mechanicsburg, PA 17050 that needs to be removed. Pennsylvania Rule of Civil Procedure 430 permits service of process in Ejectment Actions by regular and certified mail to a Defendants' last known address. As no party, including the former real owner of the Property, Cindy L. Richards, is physically at the Property, Plaintiff respectfully request an order allowing the Plaintiff to serve by posting and tacking a copy of the Complaint and all subsequent pleadings in Ejectment on the property known as 192 Texaco Road, Mechanicsburg, PA 17050 and by regular and certified mail, return receipt requested, to the same address simply to complete the eviction of any personal property remaining at the property address. 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 Defendants 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. 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 rn- I' 1 C1 determine the whereabouts of the Defendants 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 by posting the mortgaged premises and sending certified and regular mail to the Defendants' last known addresses 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 the instant matter is appropriate under Pa.R.Civ.P. 430(a). IV. CONCLUSION For the foregoing reasons, Plaintiff, HomEq, respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint in Ejectment and all subsequent pleadings in Ejectment on the Defendants Cindy L. Richards and Known/Unknown Occupants by posting and tacking the Complaint and all subsequent pleadings in the premises known as 192 Texaco Road, Mechanicsburg, PA 17050 and by regular and certified mail to the mortgaged premises. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC qUI v& Hei R. pivak, Esquire Attorney ID No.: 74770 MILSTEAD & ASSOCIATES, LLC By: Heidi R. Spivak, Esquire Attorney ID# 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Our File No.: 55.07946 HomEq COURT OF COMMON PLEAS Plaintiff, Vs. Cindy L. Richards, and Known/Unknown Occupants, Defendants. CUMBERLAND COUNTY Case No.: 08-1132 CERTIFICATE OF SERVICE 1, Heidi R. Spivak, Esquire, counsel for Plaintiff, HomEq, hereby certify that a copy of the foregoing Motion for Alternative Service was served on the following person by first class mail, postage prepaid, on the 31St day of March, 2008: Cindy L. Richards 192 Texaco Road Mechanicsburg, PA 17050 Known/Unknown Occupants 192 Texaco Road Mechanicsburg, PA 17050 He d Spivak, squire Attorney ID No.: 74770 EXHIBIT "A fnnl yl1 C41 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01132 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMEQ VS RICHARDS CINDY L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RICHARDS CINDY L but was unable to locate Her in his bailiwick. He therefore returns the rr. - T TINT T TTrTTRTTTT the within named DEFENDANT I 192 TEXACO ROAD MECHANICSBURG, PA 17050 GIVEN ADDRESS IS VACANT. RICHARDS CINDY L NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 18.00 f 10.56 5. 0 0 R. Thom s K]ne 10.00 Sheriff of Cumberland County .00 43.56 MILSTEAD & ASSOCIATES 02/27/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01132 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMEQ VS RICHARDS CINDY L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANTS but was unable to locate Him in his bailiwick. He therefore returns the 11 AffTT T T7kTT = 7"Mf1TML WTT the within named DEFENDANT , OCCUPANTS 192 TEXACO ROAD NOT FOUND , as to MECHANICSBURG, PA 17050 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge So answers:y 6.00 .00 5.00 R. T omas Kline 10.00 Sheriff of Cumberland County .00 21.00 MILSTEAD & ASSOCIATES 02/27/2008 Sworn and Subscribed to before me this day of A.D. b C`? ?'-° N ?'? . ? ?Y - ? ? L,,' tt7 ? ??? ? .? ??? ? MILSTEAD & ASSOCIATES, LLC By: Heidi R. Spivak, Esquire Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Our File No.: 55.07946 s MAY 0 9 2006 HomEq COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Cindy L. Richards, and Known/Unknown Occupants, Case No.: 08-1132 Defendants. ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 This matter being opened to the Court by Heidi R. Spivak, Esquire, attorney for HomEq, Plaintiff, 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 this matter and good cause shown: IT IS on this t I day of ?\ ay , 2008 ORDERED that the Motion for Alternative Service by service of the Complaint in Ejectment and all subsequent pleadings in Ejectment on the Defendants Cindy L. Richards and Known/Unknown Occupants by posting and tacking the Complaint and all subsequent pleadings in the premises known as 192 Texaco Road, Mechanicsburg, PA 17050 and by regular and certified mail to the mortgaged premises is hereby GRANTED. BY THE COURT: I S 'G bid Z I Ali goon MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No. 55.07946 HomEq, Plaintiff, Vs. Cindy L. Richards and Known/Unknown Occupants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-1132 Praecipe to Reinstate Complaint in Mortgage Foreclosure Defendants. TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. MIL AD & ASSOCIATES, LLC Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 h lll? IF O O ? „? Crr R4:, N ? ? MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No. 55.07946 HomEq, COURT OF COMMON PEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 08-1132 Cindy L. Richards Known/Unknown Occupants Entry of Appearance Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, HomEq, in the above captioned matter. MILSTEAD & ASSOCIATES, LLC 4marryffiarbert-Bell, Esquire Attorney ID No. 80763 Eli yy ?ywr? i if - 'WA CASE NO: 2008-01132 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEQ VS RICHARDS CINDY L ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT RICHARDS CINDY L the DEFENDANT , at 1830:00 HOURS, on the 13th day of June , 2008 at 192 TEXACO ROAD MECHANICSBURG, PA 17050 was served upon by handing to POSTED PROPERTY AT 192 TEXACO ROAD MECHANICSBURG a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.00 Affidavit 6.00 Surcharge 10.00 .00 G11116 p` V- 42.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 06/16/2008 MILSTEAD & ASSOCIATES By: Deputy Sheriff A. D. r. *% SHERIFF'S RETURN - REGULAR CASE NO: 2008-01132 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEQ VS RICHARDS CINDY L ET AL MARK CONKLIN OCCUPANTS Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon DEFENDANT , at 1830:00 HOURS, on the 13th day of June , 2008 at 192 TEXACO ROAD MECHANICSBURG, PA 17050 Sheriff or Deputy Sheriff of by handing to POSTED PROPERTY AT 192 TEXACO ROAD MECHANICSBURG a true and attested copy of COMPLAINT - EJECTMENT the together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Posting 6.00 Surcharge 10.00 .00 6)00?C, 22.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 06/16/2008 MILSTEAD & ASSOCIATES By: Deputy eriff A. D. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Our file number: 55.07946 HomEq, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ' No.: 08-1132 Vs. Cindy L. Richards and PRAECIPE TO DIMISS THE Known/Unknown Occupants EJECTMENT ACTION WITHOUT PREJUDICE Defendants. TO THE PROTHONOTARY: Kindly dismiss the above captioned Ejectment Complaint without Prejudice. MILSTEAD & ASSOCIATES, LLC By: Mary L. Harbert-Bell, Esquire ID No. 80763 Attorney for Plaintiff Z-9 m q ter.-, ?