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HomeMy WebLinkAbout08-4572 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 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 183272 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM V. Plaintiff NO. dj- q,5-p- C 17/l -?jYm CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE BERNARD W. GIRMAN A/KIA BERNARD W. GIRMAN, JR. 72915 STREET NEW CUMBERLAND, PA 17070 File #: 183272 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 #: 183272 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 #: 183272 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 #: 183272 Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: BERNARD W. GIRMAN A/K/A BERNARD W. GIRMAN, JR. 729 15TH STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/04/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR SUNTRUST MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200745456. 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 #: 193272 6. The following amounts are due on the mortgage: Principal Balance $133,732.53 Interest $3,318.98 03/01/2008 through 07/29/2008 (Per Diem $21.98) Attorney's Fees $1,250.00 Cumulative Late Charges $120.51 12/04/2007 to 07/29/2008 Property Inspections $9.00 Cost of Suit and Title Search 750.00 Subtotal $139,181.02 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $139,181.02 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 #: 183272 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 $139,181.02, together with interest from 07/29/2008 at the rate of $21.98 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 & SCHMIEG, LLP By: %?? AWRENCE T. PHELAN, E UIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE WMICHELE 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 #: 183272 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:- BEGINNING AT A POINT ON THE Western SIDE OF FIFTEENTH Street TWO HUNDRED SEVENTY-THREE AND FIFTY-THREE HUNDREDTHS (273.53) FEET North OF THE Northwest CORNER OF SIMPSON FERRY Road AND West FIFTEENTH Street AND AT THE Northern LINE OF Lot NO. 45, BLOCK'B' ON THE Plan OF Lots HEREINAFTER REFERRED TO; THENCE Northwestwardly ALONG THE Northern LINE OF Lot NO. 45, BLOCK'B' AFORESAID, ONE HUNDRED FORTY-TWO AND EIGHTY HUNDREDTHS (142.80) FEET TO A POINT AT THE Southern LINE OF Lot NO. 13, BLOCK'B' ON THE Plan OF Lots HEREINAFTER REFERRED TO; THENCE Northeastwardly ALONG THE Southern LINE OF Lots NOS. 13,14 AND 15, BLOCK'B' ON THE Plan OF Lots HEREINAFTER REFERRED TO NINETY AND EIGHTY-FOUR HUNDREDTHS (90.84) FEET TO A POINT AT THE Southern LINE OF Lot NO. 43, BLOCK 'B' ON THE Plan OF Lots HEREINAFTER REFERRED TO; THENCE Southeastwardly ALONG THE Southern LINE OF Lot NO. 43, BLOCK 'B' AFORESAID, ONE HUNDRED TWENTY-EIGHT AND THIRTY-ONE HUNDREDTHS (128.31) FEET TO A POINT AT THE Western SIDE OF West FIFTEENTH Street; THENCE Southwardly ALONG THE Western SIDE OF West FIFTEENTH Street FIFTY (50) FEET TO A POINT, BEING THE PLACE OF BEGINNING. File #: 183272 BEING Lot NO. 44, BLOCK 'B', ON THE REVISED Plan OF PART OF ZIMMERMAN ACRES, WHICH Plan IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN Plan BOOK 4, PAGE 85. HAVING THEREON ERECTED A ONE STORY BRICK DWELLING HOUSE KNOWN AS NO. 729 FIFTEENTH Street, NEW CUMBERLAND, PA. PARCEL NO. 26-24-0809-046 PROPERTY BEING: 72915 STREET File #: 183272 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. DATE: } t AcOrney for ainti 6440 s4 C. Q i -'G SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04572 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS GIRMAN BERNARD W AKA BERNARD W 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 GIRMAN BERNARD W AKA BERNARD W GIRMAN JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT GIRMAN JR 729 15TH STREET NOT FOUND , as to , GIRMAN BERNARD W AKA BERNARD W NEW CUMBERLAND, PA 17070 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 18.00 Service 54.00 Not Found 5.00 Surcharge 10.00 `11?P10Y ( a•' 00 87.00 So ans-we s : R. Thomas Kline e f of Cumberland County ELAN 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 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff vs. BERNARD W. GIRMAN A/K/A BERNARD W. GIRMAN, JR. Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY No. 08-4572 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: September 15, 20OR PHELAN H LLINAN1 & SCHMIEG, LLP . :?7 By: ARA NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /cvc, Svc Dept. File# 183272 l) ?ea Cr C= rr 7j W D ij W SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-04572 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS GIRMAN BERNARD W AKA BERNARD W 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 GIRMAN BERNARD W AKA BERNARD W GIRMAN JR to wit: but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 23rd , 2008 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: So answer /J='Q Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Adams County 49.10 Sheriff of C erland County Postage 93 87. 03 7 101,2 10/23/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Suntrust Mortage Inc vs. Bernard w. Giraian aka Bernard W. Girman Jr. No. 08-4572 civil Now, September 23, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams 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. Affidavit of Service Now, 20 , at o'clock Thank you. M. served the within upon at by handing to a and made known to So answers, the contents thereof. DV Sheri f f n n 061-e.#A W • J?Y31.th. ff of Adams County, PA Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT 0 jqNS ?o MASON DIXON BUSINESS FORMS, INC. 33000026 DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA OOUl11"110 m, wi rviou - i, PA 17325 DATE PROCEED INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SH F SERVICE THE SHERIFF" on the reverse of the lot (!b. O Dopy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN "or print Wormy, inuiIrg Do not INetaof any coples. ACSD ERf.F 1. PLAItTMIN' 2. COURT NUMBER SUNTRUST MORTGAGE, INC. 08-4572 Civil Term ?`! 10 AT 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Bernard W. Girman a/k/a Bernard W. Girman, Jr. 6. ADDRESS (Street or RFD, Apartment No.. City. eoro, Twp., State and ZIP CODE) 165 Woodview Road, Biglerville, PA 7 INDICATE UNUSUAL SERVICE: ? PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? CERT MAIL ? l1 TEFED MAIL ? POSTED ? OTHER NOW, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof eaicording to law. This deputation being made at the request and risk of the plaintiff. SHMIFF OF ADAMS COUWN 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEOnM SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION, N.B. WAIVER OF WATCHMAN-Arty deputy sheriff levying upon or meeel l any property under within writ may Wave same without a watchman, in custody of wlxhrrever is found in possession, after t otilyitg person of levy or attachment. without Nobility on the part of such deputy or the sheriff to any plain! Mein for any loo, destruction or removal of any such properly before shsrNPs safe thereof. 9. SIGNATURE of ATTORNEY or other 0RKMATCIR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE ? PLAINTIFF ? DEFENDANT 1 - 12.1 ackrawledgfs recoo lot the writ SIGNA'i U E of 'Authadzed ACED Deputy or Clerk and Title 13. or complaint as indicated above., 14. Expiration /7 dew 22, 2008 15. 1 hereby CERTIFY and RETURN that 1 ? have personally served, ? have served person in c harp, ? have legal evidence of service as shown in "Remarks" (on reverse) ? have posted the above described property with' the writ or complaint deedlbed on the individual, c onlpany, corporation. etc., at the addrou shown above or on the individual, company, corporation, etc., -at the address inserted below by handkgfor Posting a TRUE and ATT WEO CGPY'tim . u . 11 -...arr... Yr\Tnirhl kso&. r 1 s .midamiin le mila t M iBdividtllt_ rbr11nww- mriwatisn_ s1C.. NeaYd rl". ISM remarks bebwl 1$1 3 DEFENDANT)SI 4. TYPE OF WRIT OR COMPLAINT: KeIDState O BERNARD W GIRMAN a/k/a BERNARD W. GIRMAN, JR. Complaint in Mortgage Foreclosure 17. Hams and Oft of Individual served -. A=ora6MiMb 0 wW dra rwn then in the adaneshrs IIaNII Reed Ordw !le of 0"a. O 13 19. Address of wam served (complete only If different than shown above) (Street or RFD, Apartment No., CAN, Soro, Twp., 20. Date of Service 21. Time State and ZIP CODE) RENAM: The Request For Merge of address returned from the Biglervill Post Offic e marked I MT NO F[1MMING ADDRESS" "NUM , 22. ATTE19PTS Data Now WP.InL Data Mlles Dep.hmt. Oaw &On Dep.kd PsM men Dept.Mrt. Dew Moss Dep.lnt. 23. Advance Cab 24. 25. 26. 27. Tavel Costa 2S. bWFN5*REPuNO K)m & Atty. 4S5 $49.10 Pd 10/20/08 1$100.90 Ck. #18983 AFFIRMED and subscribed to beforo me this MY SNW OF ADA1M1 COUNTY 33000026 Aft All The rem re+t signed by dot wt tine is herew samdw# arul rnwrAe-a Wf I*ft. R P 416 (c) (1) (2), by rreWmg a truo ( (? 7, 761F* In the foYWM" outmw: ( ) (a) to the deftodant by ( ) r+e d ( ) d M4111; # ted, postage prepaid, addroomm only on the said receipt being r r l NOT sond 1 ? d0eenclent, but with a notation by_#* Postal Authorities thst:tiaefead t. rafused m p; lw and m*WI PmWt0f'ihis' fly. (b) To the defendant by ordinary moil addr4emoed to defe t at sane addreas, With the return addr of the filhrff.t=on the N Nk I furvoilr t afl ftftaw (*6) *MW MdIW4 fie' t said bmck from the Postal Authorities. A oaWicft of.=Wng is-hero attached as a Proof Qf *?#T ( ) .(.3) .$*[ I n_in the S "; L*Qw Jowl* a ?I of crutwte in the County of°Adams; Cb iiN*MW ktif°rqA* Tlinea, , daft a "wzp"w,p**hed in ft` ~. wasm ai:oioin Irk trwO circulation in said County for ` sucRolm VINKIM of frwm 'da y.1.lo?ernnl aettt Tt,. and macle part of this return. by meal; return rSCOW requeeg ed, pOtW prepaid, on the a true and att copy dwWat The rid by the Postal AlIthor is hereto sltached. ( ) ( 5) Other Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 @fedphe.com Attorney for Plaintiff Suntrust Mortgage, Inc. Court of Common Pleas Civil Division vs. Cumberland County Bernard W. Girman a/k/a No. 08-4572-Civil Term Bernard W. Girman, Jr. 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, Bernard W. Girman a/k/a Bernard W. Girman, Jr., by first class mail and certified mail to the Defendant's last known address, 165 Woodview Road, Biglerville, PA 17307 and mortgaged premises, 729 15th Street, New Cumberland, PA 17070, posting of the mortgaged premises, 729 15th Street, New Cumberland, PA 17070, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Bernard W. Girman a/k/a Bernard W. Girman, Jr., personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 729 15th Street, New Cumberland, PA 17070. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as there was no response by the Defendant at said address. 3 2. The Sheriff of Cumberland County also deputized the Sheriff of Adams County for service at 165 Woodview Road, Biglerville, PA 17307. As indicated by the Sheriff s Return of Service attached hereto as Exhibit "B", the Defendant moved from the said address. 3. 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 "C". 4. Plaintiff contacted the Prothontary's Office and as of February 9, 2009, no Judge has previously entered a ruling in this case. 5. 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 December 23, 2008 and requested Defendant's concurrence. On January 2, 2009, Defendant contacted our office to obtain a reinstatement figure to bring the loan current. The Plaintiff notified defendant, on January 20, 2009 by regular mail and by telephone at 717-599-1408 with the reinstatement figures. 6. Plaintiff has reviewed its internal records and has not been contacted by the Defendant since then to bring the loan current. 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, Bernard W. Girman a/k/a Bernard W. Girman, Jr., but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: _ D G. Schmieg, squire the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A" and "B" 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 "C". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallinan & Schmieg, LLP :By: F???? Y Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: February 9, 2009 6 Ex41 g, f 4 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04572 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS GIRMAN BERNARD W AKA BERNARD W R. Thomas Kline duly sworn according to law, inquiry for the within named GIRMAN BERNARD W AKA BERNARD unable to locate Him in his COMPLAINT - MORT FORE _,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT W GIRMAN JR but was bailiwick. He therefore returns the the within named DEFENDANT GIRMAN JR , 729 15TH STREET NOT FOUND , as to GIRMAN BERNARD W AKA BERNARD W NEW CUMBERLAND, PA 17070 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE Tn RRRVR DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 18.00 Service 54.00 Not Found 5.00 Surcharge 10.00 .00 87.00 Sworn and Subscribed to before me this _ day of So ans s: R . Thomas Kline e f of Cumberland County ELAN HALLINAN SCHMIEG 08/29/2008 A. D. C-xk) Li--- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-04572 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS GIRMAN BERNARD W AKA BERNARD W 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: GIRMAN BERNARD W AKA BERNARD W GIRMAN JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 23rd , 2008 , this office was in receipt of the Sheriff or Deputy Sheriff who being attached return from ADAMS Sheriff's Docketing Out of Co Surcharge Dep Adams Postage Costs: 18.00 anty 9.00 10.00 County 49.10 .93 So answer R. Thomas Kline Sheriff of C erland County 87.03 10/23/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 DATE PROCESSED UCTIONS SHERIFF SERVICE TTHHE SHons"to rreaverm ofthe Mo SERVICE OF "PROCESS BY Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or ant legibly. instairtp readability of AM copies. Do not detach any copies. ACISD ENV.# 1. PLAT NTIFFISI 2. COURT NUMBER SUNTRUST MORTGAGE INC. 08-4572 Civil Term 3. DEFENDANT/S! 4. TYPE OF WRIT OR COMPLAINT: ei-D at BERNARD W. GIRMAN a/k/a BERNARD W. GIRMAN, JR. Complaint in Mortgage Foreclosu7 SaRVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Bernard W. Girman a/k/a Bernard W. Girman, Jr. 6. ADDRESS (Street or RFD, Apartment No.. City, Soro, Twp., State and ZIP CODE) AT 165 Woodview Road, Biglerville, PA 7. INDICATE UNUSUAL SERVICE: ? PERSONAL :Q PERSON IN CHARGE ? DEPUTIZE ? CERT. MAX ? REGISTERED MAX ? POSTED ? OTHER Now, , I. SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHE RNT OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. 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 McWrity on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER I 11. DATE ? PLAINTIFF ? DEFENDANT r n c r nrrr vr? a- v n e one t o e e.e % r-'§%*40& SOW-1 12. 1 acknowledge mosipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration / ire or complaint as indicated above. 9/26/2008 OCTOBER 22, 200 15. 1 hereby CERTIFY and RETURN that 1 ? have personally served, ? have served person in charge, ? have legal evidence of service as shown in "Remarks" (on reverse) ? have posted the above described property with the writ or complaint described on the individual, company, corporation. etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handingfor Posting a TRUE and ATTESTED COPY therof. 16. ]K I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and tills of Individual served ts. A person of suaable ape and di mO- Read Order ratditp o dsNendrita uaal ft ? ? o w aa W 19. Address of where served (complete only if different than shown above) (Street or RFD. Apartment No., City, Soro, Twp.. 20. Date of Service 21. Time State and ZIP CODE) RENAM: The Request For Cbange of address returned from the Biglervill Post Offic e marked INT NO FORWARDING ADDRESS" "MNED , 22. ATTEMPTS Data Mlles Dep.IM. Date Mlles Dep.InL Data MNss Dep.Utt. Date Mile D W.htt. Daft Miles Dep.hrt. 23. Advance Coats 24. 25. . 27. Total Costs 28. 6*M"ND KWD ALAtty. 485 T $49.10 Pd 10/20/08 1$100.90 Ck. #18983 $2 AFFIRMED and subsorbod to before me this day 9i BherNQ lPwae Print or Type) Date l 'n Miller 10/8/2008 Signature of Sheriff Data JAMES MULLER 10/8/2008 SNEFAW OF AM Mt COIMNTY 1 ACIONONN.EDGE RECEIPT OF THE 'S RETURN SIGNATURE 139. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. I A PROTHONOTARY ?<??d; t C FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 183272 Attorney Firm: Phelan, Hallinan & Schmie& LLP Subject: Bernard W. Girman Current Address: 72915th Street, New Cumberland, PA 17070 Property Address: 72915th Street, New Cumberland, PA 17070 Mailing Address: 72915th Street, New Cumberland, PA 17070 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: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Bernard W. Girman - xxx-xx-5453 B. EMPLOYMENT SEARCH Bernard W. Girman - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Bernard W. Girman reside(s) at: 165 Woodview Road, Biglerville, PA 17307. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Bernard W. Girman reside (s) at: 72915th Street, New Cumberland, PA 17070. On 07-18-08 our office made several telephone calls to the subject's phone number (717) 774-1591 and received the following information: answering machine, 'Hello you have reached Bernie. Please leave a message. Thank you. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 07-18-08 we reviewed the National Address database and found the following information: Bernard W. Girman - 72915th Street, New Cumberland, PA 17070. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. IV. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Bernard W. Girman. V. OTHER INQUIRIES A. DEATH RECORDS As of 07-18-08 Vital Records and all public databases have no death record on file for Bernard W. Girman. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Bernard W. Girman residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Bernard W. Girman -12-06-1963 * Our accessible databases have been checked and cross-ref erenced 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 aAFF alties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. >'t[?4?A EAL i k t Or pNdSYLVgytA Brendan B ooth NOTARIAL SERI- Ptst>c NpRA M. FERRER, MWY ctrum Legal Services, Inc. M Coftirilso E iaNQ?W * Sworn to and subscribed before me this 18thday of Ju y, 08. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND I W so l6 L 3aO3&Z WOHA 0311VW Soon £Z 030 oLOSlZpooo o0Z'ZV $ w. zo S7M09 A3NLd ?!. G N5 SOd 90 ii C9 • cf 'b N ?a Q 3 o a a v 6> L L C7 ° o ? pq ? p q a U .o b oo ?, e? U % go ? j V r b b '? o o b a -tzZ O `? ^t7 C O b ? x A C? V w CC ? E a 3 V L ts. ? z; W H H c0 U_ C R+ N 8-8 5 •O C O .? U 0 ? O ' O V • O ? s ?d)C b G L-, td N 5 . ? tc p N X-. ° ? y ` ca C 00 E c c a cd ° i y 3 N _ y e N ? M c N w ,° s4 til . . 6? a `U E ,[ a i U O a ~ rt N U vC i tV "U' vi •C1 E U U C N _ . 6 A ti d ? M CL W " I- I- I- I- I- I- I- 12 I= I?:! c N w? O A N ? d H _za ? U H a is is a? W -r-I a 0 1i v a) V) r^-i W 0 r-I t-1 -C • FEB 2 6 20011' L? J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Suntrust Mortgage, Inc. Civil Division vs. No. 08-4572-Civil Term Bernard W. Girman a/k/a Bernard W. Girman, Jr. ORDER AND NOW, this 3-' day of fit-CA , 2009, 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, Bernard W. Girman a/k/a Bernard W. Girman, Jr., by: 1. Posting of the premises: 729 15th Street, New Cumberland, PA 17070. 2. First class mail to Bernard W. Girman a/k/a Bernard W. Girman, Jr. at the last known address, 165 Woodview Road, Biglerville, PA 17307, and the mortgaged premises located at 729 15th Street, New Cumberland, PA 17070; and 3. Certified mail to Bernard W. Girman a/k/a Bernard W. Girman, Jr. at the last known address, 165 Woodview Road, Biglerville, PA 17307 and the mortgaged premises located at 729 15th Street, New Cumberland, PA 17070; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: J. Cc: Bernard W. Girman a/k/a Bernard W. Girman, Jr. 729 15th Street, New Cumberland, PA 17070 165 Woodview Road, Biglerville, PA 17307 2 AIWM?, "?,, CZ+E Nd C{_y?w 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 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff VS. BERNARD W. GIRMAN A/K/A BERNARD W. GU MAN, JR. Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 08-4572 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. LLP By: is S. Hallinan, Esquire :nce T. Phelan, Esquire ,1 G. Schmieg, Esquire Zevs for Plaintiff Date: FPhnmry 91 2009 /lxh, Svc Dept. File# 183272 Q C c= -SME C? gK? U PHELAN HALLINAN & SC14MIEG LIP 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 SUNTRUST MORTGAGE, l C. Plaintiff VS. BERNARD W. GIRMAN BERNARD W. GIRMAN, Defendant(s) I hereby certify that a Foreclosure in the above A ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY NO. 08-4572-CIVIL TERM VIT OF SERVICE OF COMPLAINT and correct copy of the Civil Action Complaint in Mortgage matter was sent by regular and certified mail, return receipt requested, to the following persons BERNARD W. GIRMAN A/K/A BERNARD W. GIRMAN, JR. at 72915TH STREET, EW CUMBERLAND, PA 17070,165 WOODVIEW ROAD, BIGLERVILLE, PA 17307 on APRIL 7,2009, in accordance with the Order of Court dated MARCH 3, 2009. The unde#signed understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to u Date: A12dl 7, 2009 File # 183272 RLED-OFFICE OF THE F910THI MARY 2009 APR 13 AM 10: 4 7 L..; ,,4, ?'jti1 rt PENNSYLV^'?v,, Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 3: Francis S. Hallinan, Esq., Id. No. 62 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 15-561-7000 SUNTRUST MORTGAGE, T Plaintiff VS. BERNARD W. GIRMAN BERNARD W. GIRMAN Defendants TO THE PROTHONOTAR Kindly reinstate the captioned matter. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY A No. 08-4572 CIVIL TERM Action in Mortgage with reference to the above & $CHMIEG, LLP By: ncis S. H41Whan, Esquire wrence T. Phelan, Esquire niel G. Schmieg, Esquire ttorneys for Plaintiff Date: March 3, 2009 ATTORNEY FOR PLAINTIFF /Ixh, Svc Dept. File# 183272 OF THE i 1 v?.1 J ?j ?^ _ ? QTARY 2409 APR 13 AM 10. 4 7 T" IF N1A ©. a i?cL A-,If ? 7as7?g ?- aa3 ss-7 Sheriffs Office of Cumberland County R Thomas Kline ©?,tr of cumbcx, ? Edward L Schorpp Sheriff' ' Solicitor C ~' Ronny R Anderson Jody S Smith Chief Deputy sFr'E = `??i?F Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/15/2009 12:28 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2009 at 1228hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Bernard W. Girman pursuant to Order of Court by posting the premises located at 729 15th Street, New Cumberland, Cumberland County, Pennsylvania, 17070, with a true and correct copy of the same according to law. SHERIFF COST: $49.30 SO ANSWERS, ;•4-"60111C April 16, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff Docket No. 2008-4572 Suntrust Mortgage v Bernard. W. Girman FIG r{'JE M9 APR 20 Ark $: 49