Loading...
HomeMy WebLinkAbout08-4560PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL 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 MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 182923 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff REBEKAH SIKES WICKE 2131 LONGS GAP ROAD CARLISLE, PA 17013-8623 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D8 - q5&6 Civil T" CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 182923 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 k: 182923 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 File #: 182923 r THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 #: 182923 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: REBEKAH SIKES WICKE 2131 LONGS GAP ROAD CARLISLE, PA 17013-8623 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/23/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR AMERICAN HOME BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1889, Page 1014. The 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 04/01/2008 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 #: 182923 6. The following amounts are due on the mortgage: Principal Balance $164,962.64 Interest $4,209.25 03/01/2008 through 07/28/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $476.55 11/23/2004 to 07/28/2008 Property Inspections $33.75 Cost of Suit and Title Search 550.00 Subtotal $171,482.19 Escrow Credit ($1,446.31) Deficit $0.00 Subtotal ($1,446.31) TOTAL $170,035.88 7. 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 person am 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 #: 182923 s 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 $170,035.88, together with interest from 07/28/2008 at the rate of $28.25 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. & SCHMI , LLP 2-33 By: LAWRF11eF-T- PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 182923 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin set on the Eastern dedicated right of way line of Long's Gap Road (T-494) on the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Subdivision Plan; thence by said dedicated right of way line, North 22 degrees 46 minutes 56 seconds East 300.55 feet to a point; thence by the same, North 28 degrees 45 minutes 39 seconds East 154.29 feet to a point; thence by the same, North 39 degrees 40 minutes 49 seconds East 35.49 feet to an iron pin; thence by the southern boundary of Lot NO. 9 of a Subdivision known as Shughart Heights, North 89 degrees 19 minutes 30 seconds East 128.98 feet to an iron pin; Thence by land now or formerly of Ronald Alexander, South 10 degrees 26 minutes 21 seconds East 449.03 feet to an iron pin; thence by the dividing line between Lots Nos. 1 and 2 on said Plan, North 89 degrees 56 minutes 42 seconds West 423.61 feet to an iron pin, the Place of BEGINNING. BEING Lot No. 1 on a Preliminary-Final Subdivision Plan for Roy Shughart which is recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 39, Page 21. PARCEL NO: 29-04-0379-028A PROPERTY ADDRESS: 2131 LONGS GAP ROAD File #: 182923 VERIFICATION I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ZO 2- _??/ Attorney for Plaintiff DATE: D 70 (? PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-4560 CIVIL TERM REBEKAH SIKES WICKE CUMBERLAND COUNTY Defendant(s) 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. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ?g Francis S. Hallinan, Esquire Date: Q ,_A-?.. Jeffrey Stephan hereb states that he/she is Limited signing y VERIFICATION of GMAC MORTGAGE, LLC, 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 unsworn falsification authoriti N ?frey Stephan DATE: Title: iied Signing Old Company: GMAC MORTGAGE, LLC Loan: 060 1 1 12589 File #: 182923 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. REBEKAH SIKES WICKE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4560 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: REBEKAH SIKES WICKE 2131 LONGS GAP ROAD CARLISLE, PA 17013-8623 Date: tx- Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: __s1 ?lK?t Francis S. Hallinan, Esquire r.a o ' 9 _ y c n C SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04560 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS WICKE REBEKAH SIKES 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 WICKE REBEKAH SIKES but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 2131 LONGS GAP ROAD NOT FOUND , as to WICKE REBEKAH SIKES CARLISLE, PA 17013-8623 IT LOOKED AS THOUGH SOMEONE WAS HOME, BUT NO ONE WOULD ANSWER THE DOOR. Sheriff's Costs: Docketing 18.00 Service 6.00 Not Found 5.00 Surcharge 10.00 y')0 jot ?- 00 39.00 So aneVer / R. Thomas Kline Sh i f of Cumberland County HELAN HALLINAN SCHMIEG 08/29/2008 Sworn and Subscribed to before me this day of A. D. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 715-563-7000 GMAC MORTGAGE, LLC Plaintiff VS. REBEKAH SIKES WICKS Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY No. 08-4560 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: 4 ntPmh .r 9, 20OR PHELAN ALLINAN & SCHMIEG, LLP By. F NCIS S. ALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /cvc, Svc Dept. File# 182923 -raw V W V O ?vA1 ? C- c C5 ? Q t 3 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 08-4560 Civil Term 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Caroline.Cinquino@fedphe.com Attorney for Plaintiff GMAC Mortgage, LLC Court of Common Pleas Civil Division VS. Cumberland County Rebekah Sikes Wicke No. 08-4560 Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Rebekah Sikes Wicke, by first class mail and certified mail to the mortgaged premises, 2131 Longs Gap Road, Carlisle, PA 17013, posting of the mortgaged premises, 2131 Longs Gap Road, Carlisle, PA 17013, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Rebekah Sikes, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 2131 Longs Gap Road, Carlisle, PA 17013. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendant could not be located. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3 3. Plaintiff contacted the Prothontary's Office and as of October 7, 2008, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on September 29, 2008 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's September 29, 2008 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff submits that it has made a good faith effort to locate the Defendant, Rebekah Sikes Wicke, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, ieg, LLP Danie c ieg, Esquire Attorneys for Plaintiff October 7, 2008 4 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Caroline.Cinquino@fedphe.com GMAC Mortgage, LLC vs. Rebekah Sikes Wicke 08-4560 Civil Term 62205 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 08-4560 Civil Term MEMORANDUM OF LAW Pa. R.C.P. 43.0 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis. 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the 5 county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Sci?r ILLP By- Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: October 7, 2008 6 30% PCW SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04560 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS WICKE REBEKAH SIKES 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 WICKE REBEKAH SIKES but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT NOT FOUND , as to WICKE REBEKAH SIKES 2131 LONGS GAP ROAD CARLISLE, PA 17013-8623 IT LOOKED AS THOUGH SOMEONE WAS HOME, BUT NO ONE WOULD ANSWER THE DOOR. Sheriff's Costs: Docketing 18.00 Service 6.00 Not Found 5.00 Surcharge 10.00 .00 39.00 So R. Thomas Kline Sh i f of Cumberland County HELAN HALLINAN SCHMIEG 08/29/2008 Sworn and Subscribed to before me this day of A. D. FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 182923 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Rebekah Sikes Wicke Property Address: 2131 Longs Gap Road, Carlisle, PA 17013 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Rebekah Sikes Wicke - xxx-xx-7234 B. EMPLOYMENT SEARCH Rebekah Sikes Wicke - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Rebekah Sikes Wicke reside(s) at: 2131 Longs Gap Road, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Rebekah Sikes Wicke reside at: 2131 Longs Gap Road, Carlisle, PA 17013. On 11-07-07 our office made a telephone call to the subject's phone number (717) 249-0174 and received the following information: disconnected. B. On 07-15-08 our office made a telephone call to the phone number (717) 701-1284 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 07-15-08 our office made several phone calls in an attempt to contact Michael D. Lamaster (717) 243-1706,2101 Longs Gap Road, Carlisle, PA 17013: answering machine. On 07-15-08 our office made several phone calls in an attempt to contact Mary L. Bloom (717) 258-5993, 2120 Longs Gap Road, Carlisle, PA 17013: answering machine. On 07-15-08 our office made a phone call in an attempt to contact Ellen D. Oliver (717) 960-0579,2110 Longs Gap Road, Carlisle, PA 17013: fax tone. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 07-15-08 we reviewed the National Address database and found the following information: Rebekah Sikes Wicke - 2131 Longs Gap Road, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Rebekah Sikes Wicke. VI. OTHER INQUIRIES A. DEATH RECORDS As of 07-15-08 Vital Records and all public databases have no death record on file for Rebekah Sikes Wicke. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Rebekah Sikes Wicke residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Rebekah Sikes Wicke - 03-17-1958 B. A.K.A. Rebekah Sikes Jumper; Rebekah Sikes Farling * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to Sec. 4904 relating to unworn falsification to authorities. the enalties of 5"doth FIANT - BreFull Spectrum Legal Services, Inc. Sworn to and subscribed before me this 15th day of July, 2008. COMMON`.vr_ n. "I Or PENNSYLVANIA CHARM The above information is obtained from available public records :`r V 1N? i BASS, ARIAL SEAL Notary Public City of Philadelphia, Phil a. County and we are only liable for the cost of the affidavit. IND Ay Corng! on Expires February 17, 20-W PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail Caroline.Cinquino@fedphe.com Caroline Cinquino, Service Department Representing Lenders in Pennsylvania and New Jersey October 7, 2008 Rebekah Sikes Wicke 2131 Longs Gap Road Carlisle, PA 17013 RE: GMAC Mortgage, LLC vs. Rebekah Sikes Wicke Premises Address: 2131 Longs Gap Road, Carlisle, PA 17013 Cumberland County, No. 08-4560 Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by October 7, 2008. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Caroline Cinquino For Daniel G. Schmieg, Esquire 9 °o A N o a°a •o v .? u d b o rr7 a w h 'b Z ?:?? ?Ililll III ?a ' so W L 3003 lz w c oad 031roVJ 8002 8t das O LOS MFO00 OOt &O M ZO W ssiu?w +u?u?r rte.. WE WHA 42 V4 - DTI s •? a rl N H Q c i l '? XC H 1S ^ M ? ? V ? N Q '•, k-• E 'O H 0. CK a. o 7 Y 0 ? ? EQ au7 a M N 3 46 a z z 4 a u p ?t at * ? o? N M '? h ?D l? 00 Os N ,Z H LL 0 r-i VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, By: Daniel G. Schmieg, Esquire Attorney for Plaintiff October 7, 2008 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 08-4560 Civil Term 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Caroline.Cinquino@fedphe.com Attorney for Plaintiff GMAC Mortgage, LLC Court of Common Pleas Civil Division VS. Cumberland County No. 08-4560 Civil Term Rebekah Sikes Wicke CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Rebekah Sikes Wicke 2131 Longs Gap Road Carlisle, PA 17013 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By Daniel G. Schmieg, Esquire Date: October 7, 2008 Attorney for Plaintiff 8 C" <,..., ..r.y c? (? '^^{ .e.?..j _ d . a r:w„ -i yw ?a` OCT p g Y uun ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC Civil Division vs. No. 08-4560 Civil Term Rebekah Sikes Wicke ORDER AND NOW, this /o' day of , 2008, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Rebekah Sikes Wicke, by: 1. Posting of the premises: 2131 Longs Gap Road, Carlisle, PA 17013. 2. First class mail to Rebekah Sikes Wicke at the mortgaged premises located at 2131 Longs Gap Road, Carlisle, PA 17013; and 3. Certified mail to Rebekah Sikes Wicke at the mortgaged premises located at 2131 Longs Gap Road, Carlisle, PA 17013; and 4. Publication in accordance with PA. R.C.P. 430. Cc: Rebekah Sikes Wicke 2131 Longs Gap Road Carlisle, PA 17013 Rebekah Sikes Wicke 14? akft,,;z? 2 BY THE COURT: Via -xx y J It a-j , - Rebekah Sikes Wicke 26 Sewanee Avenue Greenville, SC 29609 (717) 701-1284 rswicke@live.com GMAC Mortgage, LLC vs. Rebekah Sikes Wicke Court of Common Pleas Civil Division Cumberland County No. 08-4560 Civil Term RESPONSE TO MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT COMES NOW Defendant, Rebekah Sikes Wicke, in Response to Plaintiff s Motion for Service and hereby states: 1. Defendant's response to Plaintiff s allegation related to attempts to serve Defendant, Rebekah Sikes (Wicke), personally with the Complaint and that they have been unsuccessful: a. To date, I have not received any file stamped documents showing the original complaint filed to the Court of Common Pleas, Civil Division, Cumberland County, No. 08-4560 Civil Term. The only documentation I have received have not been file stamped and are as follows: i. Copy of August 6, 2008 letter to the Office of the Prothonotary noting, "Enclosed please find Plaintiffs Praecipe To Substitute Verification relative to the above matter." This letter was addressed to 2131 Longs Gap Road, Carlisle PA 17013 and forwarded to my current address, 26 Sewanee Avenue, Greenville PA 29609, by the Post Office on 8/12/08, and received on 8/15/2008. The enclosures were copies of (1) Praecipe To Substitute Verification of Civil Action Complaint in Mortgage Foreclosure dated 8/6/08, 2 (2) Certificate of Service dated 8/6/08, and (3) Verification dated 7/30/08. ii. Copy of September 29, 2008 letter to the Office of Prothonotary noting "Enclosed for filing and transmittal to the assigned Civil Signing Judge for execution, please find Plaintiff s Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits." This letter and enclosures was addressed to 2131 Longs Gap Road, Carlisle PA 17013 and forwarded to my current address, 26 Sewanee Avenue, Greenville PA 29609, by the Post Office on 10/07/08, received on 10/11/2008. The enclosures were copies of: (1) Order, Motion for Service Pursuant to Special Order of Court dated September 29, 2008, (2) Memorandum of Law dated September 29, 2008, (3) Exhibit A-Sheriff of Cumberland County Return of Service. There is a date of 8/29/2008 below Phelan Hallinan Schmieg, but I am not sure when the Sheriff went to 2131 Longs Gap Road to service the Complaint, (4) Exhibit B-Full Spectrum Legal Service, Inc. Affidavit of Good Faith Investigation dated July 15, 2008, (5) Exhibit C-Letter to Rebekah Sikes Wicke stating "Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order ...Please respond to me within one week, by October 7, 2008." dated September 29, 2008, (6) Verification dated September 29, 2008, and (7) Certification of Service dated September 29, 2008. 3 2. Defendant's response to Plaintiff's allegation that Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and results is attached hereto as Exhibit B". a. Credit Information i. B. Employment Search. I have been employed by Wells Fargo Insurance Services since 03/31/2008 out of Greenville SC. ii. Inquiry of Creditors. I am on file with South Carolina Utility companies with my 26 Sewanee Avenue, Greenville SC 29609 address, b. Inquiry of Telephone Company. i. Directory of Assistance Search. States "On 11-07-07 our office made a telephone call to the subject's phone number (717) 294-0174 and received the following information: disconnected." (1) My home number (717) 249-0174, was in service on 11-07-07. ii. States "On 07-15-08 our office made a telephone call to the phone number (717) 701- 1284 and received the following information: disconnected." (1) My cell phone service has never been disconnected. c. Address Inquiry i. GMAC was given the address of 26 Sewanee Avenue, Greenville SC 29609 on many occasions, the first date being 7/11/2008. ii. The post office has forwarded mail from 2131 Longs Gap Road, Carlisle PA 17013 to 26 Sewanee Avenue, Greenville SC 29609, including certified mail from GMAC, since June 28, 2008. 4 3. Defendant's response to Plaintiff's allegation that in accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant to September 29, 2008 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's September 29, 2008 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". a. I did not receive a separate mailing of this letter. The first and only notice I had of it was as part of the September 29, 2008 filing to the Office of the Prothonotary. The postmark on the envelope is Sep 29 2008, the post office forwarded it on 10/07/08 and I received it on 10/11/08. There was no opportunity to respond within one week of the mailing of the letter. 4. On August 8, 2008, I made an electronic payment to GMAC for the mortgage in question. On August 15, 2008 the payment was returned to my bank with no reason why. On August 20, 2008 my bank sent me a letter stating that the payee had refused payment; the payment was returned indicating refused by the payee. Until receipt of the letter from my bank, I had not been notified that GMAC was no longer accepting payments. Respectfully submitted, T Rebekah Sikes Wicke 26 Sewanee Avenue Greenville, SC 29609 (717) 701-1284 w REBEKAH SIKES WICKE 26 Sewanee Avenue Greenville, SC 29609 Phone 717-701-1284 October 27, 2008 Office of the Prothonotary Cumberland County Courthouse Courthouse Square Carlisle PA 17013 Re: GMAC Mortgage, LLC vs. Rebekah Sikes Wicke Cumberland County, No. 08-4560 Civil Term Dear Sir or Madam: Enclosed please find my Response to the September 29, 2008 Plaintiffs Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits, specifically regarding the good faith effort made to contact me. If these documents meet your approval, please return a file-stamped copy in the enclosed self- addressed stamped envelopes to both the Plaintiff s representatives and myself. Thank you for your attention and kindness in this matter. Very truly yours, J / I Rebekah Sikes Wicke cc: Caroline Cinquino For Daniel G. Schmieg, Esquire Phelan, Hallinan & Schmieg LLP One Penn Center at Suburban Station Suite 1400 Philadelphia PA 19103-1814 r..? i cl: ra PHELAN HALLINAN, & SCHMIEG, L.L.P. By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. REBEKAH SIKES WICKE Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-4560-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO WITHDRAW PLAINTIFF'S MOTION FOR ALTERNATIVE SERVICE AND ORDER OF COURT TO THE PROTHONOTARY: Kindly withdraw Plaintiff s Motion for Alternative Service filed on October 8, 2008 and Court Order granted October 10, 2008 in reference to the above c ti Dame c ieg, Esquire Attorney for Plaintiff Date: November 4, 2008 c C' co -n CJI ' ' Fn 77 C:: t kn ry AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC PHS # 182923 DEFENDANT ?41 imr REBEKAH SIKES WICKE COURT TERM: COT NO.: 08-45 TERM SERVE REBEKAH SIKES WICKE AT: TY PE OF AC ONE CIVIL 26 SEWANEE AVENUE XX Mortgage Foreclosure GREENVILLE, SC 29609 XX Civil Action SERVED Served and made known to ReJet "S' W tckA- Defendant on the 1 Z14" at 4;rar, o'clock, M', at _ 2l0 S W AC t ? ( Ik day of 1 W r Zpp g?, -- ^+?ba>eAdant pets New _ Gin the manner deseribed below:- - -- - - Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age -__4 ? Height 5' li Weight 150 Race vJ SeX F Other I. "4(Jr' , a competent adult, being duly sworn according to law, depose and state that I personally handed $ true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the'captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day; of A0 16&_? , 200 i A ? Notary: I By: On the day of , 20o-, at because: Moved - Bad Address - No Answer Other: Sworn to and su ribed befo re me Is dav Notary:U NOTSERVED o'clock M., Defendant NOT FOUND Vacant $ o P 1.1).162205 ' ' 16 7 John Center at Suburban Station Phil elphia, PA 19703-1813 (215) 563-7000 *, °? ?* ^. ,,.J ?. ?.?: PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County REBEKAH SIKES WICKE No. 08-4560-CIVIL TERM Defendant PHS# 182923 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. X Please mark the above referenced case Settled, Discontinued and Ended. Please mark judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. t Date: January 5, 2009 Francis S. Hall n Attorney for Plaintiff w_ cz:3 3 ?i