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Home My WebLink About08-5693V PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 F CIS 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 187358 LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-4 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 Plaintiff V. JOSE A. YAMAGUCHI JOAN K. YAMAGUCHI 326 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9663 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM C.l'V? l NO. 0-6b13 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 197359 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 #: 187358 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN File #: 187358 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 #: 187358 Plaintiff is LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN, MORTGAGE LOAN ASSET- BACKED CERTIFICATES, SERIES 2007-4 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 2. The name(s) and last known address(es) of the Defendant(s) are: JOSE A. YAMAGUCHI JOAN K. YAMAGUCHI 326 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9663 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/24/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FIRST FRANKLIN FINANCIAL CORP., AN OP. SUB. OF MLB&T CO., FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1990, Page 1375. 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 06/01/2008 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 #: 187358 6 The following amounts are due on the mortgage: Principal Balance $197,441.20 Interest $6,814.08 05/01/2008 through 09/22/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $626.45 04/24/2007 to 09/22/2008 Cost of Suit and Title Search 550.00 Subtotal $206,681.73 Escrow Credit $0.00 Deficit $609.51 Subtotal 609.51 TOTAL $207,291.24 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 #: 187358 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 $207,291.24, together with interest from 09/22/2008 at the rate of $47.32 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. 77, PHELAN )4? G, LLP By: LAWRENCE T. P SQUIRE WCIS 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 #: 187358 LEGAL DESCRIPTION ALL that certain tract or parcel of land and premises situate, lying and being in the Township of South Newton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: IN ACCORDANCE with Subdivision Plan for Reuben E. Diller prepared by Larry Vera Neidlinger, P.E., dated April 23, 1979, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 35, Page 84, as follows: BEGINNING at a point in the original centerline of 33 feet wide Township Road T-334 at the dividing line between Lot Nos. 1 and 2 as shown on said Subdivision Plan; thence from said point at the place of BEGINNING along the centerline on said Township Road T-334, by a curve to the right having a radius of 305.314 feet an arc distance of 132.804 feet to a point; thence still along the centerline of said Township Road T-334, South 41 degrees 53 minutes 28 seconds East, a distance of 42.63 feet to a point at corner of land now or formerly of Reuben E. Diller; thence along line of said land now or formerly of Reuben E. Diller, South 48 degrees 6 minutes 32 seconds West, a distance of 609.31 feet to an iron pin in line of land now or formerly of Marvin Keifer, North 16 degrees 53 minutes 31 seconds West, a distance of 171 feet to an iron pin at the dividing line between said Lot Nos. 1 and 2; thence along said dividing line between said Lot Nos. 1 and 2, North 46 degrees 16 minutes 22 seconds East, a distance of 508.87 feet to a point in the original centerline of 33 feet wide Township Road T-334, at the place of BEGINNING. CONTAINING 2.118 acres and being all of Lot No. 2 as shown on said Subdivision Plan for Reuben E. Diller recorded as aforesaid. File #: 187358 BEING that same real estate that Emile R. Zola and Barbara Gail Wilson, by deed dated February 2, 2004, and recorded February 5, 2004, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 261 at Page 2790, conveyed to James B. Thompson and Patricia J. Thompson, Grantors herein. PARCEL # 41-13-0110-014 PROPERTY BEING - 326 HIGH MOUNTAIN ROAD File #: 187358 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.RC.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 unworn falsifications to authorities. 7: Attorney for Plain DATE: q_? ?8?? ZZo ?? rl l.J V ? C7y ? ? ,L. W 4 p SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05693 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS YAMAGUCHI JOSE A 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 YAMAGUCHI JOSE A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT 326 HIGH MOUNTAIN ROAD , YAMAGUCHI JOSE A SHIPPENSBURG, PA 17257-9663 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANTS PRIOR TO EXPIRATION OF PAPER. Sheriff's Costs: Docketing 18.00 Service 42.00 Not Found 5.00 Surcharge 10.00 00 V 75.00 So answers* -? R. Thomas K ne Sheriff of Cumbe and County PHELAN HALLINAN SCHMIEG 10/27/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05693 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS YAMAGUCHI JOSE A 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 YAMAGUCHI JOAN K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , YAMAGUCHI JOAN K 326 HIGH MOUNTAIN SHIPPENSBURG, PA 17257-9663 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANTS PRIOR TO EXPIRATION OF PAPER. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 !%9jdF 21.00 So answqrB-;-? _r- - ?,•%'" R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 10/27/2008 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 LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-4 Plaintiff VS. JOSE A. YAMAGUCHI JOAN K. YAMAGUCHI Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 08-CIVIL-5693 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: December 17, 2008 AN HALLINAN & H , LLP ?_- By: F NCIS S. HALL AN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 187358 44- -77, f 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 jason.ricco@fedphe.com LaSalle Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan, Mortgage Loan Asset-Backed Certidicates, Serie 2007-4 Attorney for Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Jose A. Yamaguchi No. Civil 08-5693 Joan K. Yamaguchi 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 Defendants, Jose A. Yamaguchi and Joan K. Yamaguchi, by first class mail and certified mail to the Defendant's last known address and mortgaged premises, 326 High Mountain Road, Shippensburg, PA 17257-9663, posting of the mortgaged premises, 326 High Mountain Road, Shippensburg, PA 17257-9663 and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: Attempts to serve Defendants, Jose A. Yamaguchi and Joan K. Yamaguchi, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, 326 High Mountain Road, Shippensburg., PA 17257-9663. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Sheriff could not obtain service. 3 2. Plaintiff, by way of Private Process Server, attempted to serve the Defendants at 8804 North-West 115' Street, Hialeah Gardens, FL 33018. As indicated by the Affidavit of Service attached hereto as Exhibit "B", the address was occupied by a Ms. Velazquez for the past three years. 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 March 25, 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 March 4, 2009 and requested Defendant's concurrence.. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiff s March 4, 2009 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "D". 6. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of March 25, 2009 to bring loan current. 7. Plaintiff submits that it has made a good faith effort to locate the Defendants, Jose A. Yamaguchi and Joan K. Yamaguchi but has been unable to do so. 4 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. March 25, 2009 5 Attorneys for Plaintiff 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 jason.ricco@fedphe.com Attorney for Plaintiff LaSalle Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan, Mortgage Loan Asset-Backed Certidicates, Serie 2007-4 VS. Jose A. Yamaguchi Joan K. Yamaguchi Court of Common Pleas Civil Division Cumberland County No. Civil 08-5693 MEMORANDUM OF LAW Pa. R.C.P. 430 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 Defendants and the reasons why service cannot be made. Note: A Sheriff's 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. 6 (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 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 Plaintiffs Process Server's Affidavit of Service attached hereto as "B", service could not be completed. A good faith effort to discover the whereabouts of the Defendants 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 By: ier'6-5chrff1e--g, Esquire Attorney for Plaintiff Date: March 25, 2009 7 ?:T' 30% PCW Deb, 6. 2009 '0:370 SHERIFF IS RETURN - NOT FOUND No. 531$ P. 2 ` CASE NO-: 2008-05693 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE 13ANK NATIONAL ASSOC VS YAMAGUCHI JOSE A 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 YAMAGUCHI JOSE A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT YAMAGUCH1 JOSE A 326 HIGH MOUNTAIN ROAD SHIPPENSSURG PA ]7257-9663 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANTS PRIOR TO EXPIRATION OF PAPER. Sheriff's Costs: So answers- Docketing ? r ?...- 18.00 Service 42.00 Not Found 5.00 R. Thomas K e Surcharge 10.00 Sheriff of Cumbe/ and County .00 75.00 PHEI,,AN HALLINAN SCHMIEG 10/27/2008 Sworn and Subscribed to before me this day of A.D. rep. 6, 2009 '0,370 SHERIFF'S RETURN - NOT FOUND No, 5318 P. 3 ` CASE NO: 2008-05693 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOC VS YAMAGUCHI JOSE A 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 YAMAGUCHI JOAN K unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , but was He therefore returns the NOT FOUND , as to the within named DEFENDANT YAMAGUCHI JOAN K 326 HIGH MOUNTAIN ROAD SHIPPENSBURa PA 17257-9663 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE WE WERE UNABLE TO SERVE DEFENDANTS PRIOR TO EXPIRATION OF PAPER. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers;:- - . R, ThomaV Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 10/27/2008 Sworn and Subscribed to before me this day of A. 1). 4 { ?f 1 Saw, Qcw AFFIDAVIT OF SERVICE PLAIN'T`IFF : LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 20074 DEFENDANT(S): JOSE A. YAMAGUCHI JOAN K. YAMAGUCHI SERVE: JOAN K. YAMAGUCHI ADDRESS: 8804 NW 115TH STREET HIALEAH GARDENS FL 33018 "PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES" SERVED CUMBERLAND COUNTY OUR FILE #187358 TEAM4/ i mr COURT NO. 08-CIVIL-5693 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action Served and made known to JOAN K. YAMAGUCHIDefendant, on the day of , 2008, at o'clock, _.M., at 8804 NW 115 STREET, HIALEAH GARDENS FL 33018, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) resides. Name and relationship is: _ Adult in charge of Defendant's residence who refused to give name/relationship. ' _ Manager/Clerk of place of lodging in which Defendant(s) resides _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height Weight Race Sea Other 1, , a Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Civil Action Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Jm/L Sworn to and subscribed Before me this day Of , 2008. Notary: Served By: Jessica Maldanado NOT SERVED On the day of , 2008, at -10 : 19 o'clock, A_.M., Defendant NOT FOUND because: Moved Unknown Other: I" Attempts " 2nd to a suW . red g day No Answer Not Served :A # Jessica a Vacant 3`d Attempt: aY Pua ICiHASO A ??.. ?? VANESSA MMISSION # DD 483017 =o • ' ° * MY CO 2009 14 , * EXPIRES: November PHS#: 187358 Bonded Thm Budget Notary SeNc" 9 ? Danie i as Daniel G G. Sch mi eg, Esquire quire - 1. D. #62205 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 rf OF F? w AFFIDAVIT OF SERVICE PLAINTIFF: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 20074 DEFENDANT(S): JOSE A. YAMAGUCHI JOAN K. YAMAGUCHI SERVE: JOSE A. YAMAGUCHI ADDRESS: 8804 NW 115TH STREET HIALEAH GARDENS FL 33018 **PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES** SERVED CUMBERLAND COUNTY OUR FILE #187358 TEAM4/ i mr COURT NO. 08-CIVIL-5693 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action Served and made known to JOSE A. YAMAGUCHI Defendant, on the day of . 2008, at o'clock, _.M., at 8804 NW 115 STREET. HIALEAH GARDENS FL 33018, in the manner described below: Defendant personally served. _ Adult family member with whom Defendant(s) resides. Name and relationship is: _ Adult in charge of Defendant's residence who refused to give name/relationship. _ Manager/Clerk of place of lodging in which Defendant(s) resides - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height Weight Race Sex Other I, , a Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Civil Action 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 , 2008. Notary: Served By: Jessica Maldanado NOT SERVED On the 30 day of 2008, at LQ Z o'clock, A_.M., Defendant NOT FOUND because: Y Moved Unknown No Answer Vacant Other: V I" Attempt: 2°d Attempt: 3`d Attempt: Sooiat to end subscribed Of Jessica ARCNBOLD Attorney For Plaintiff ,101 111184 1 ?? Daniel G. Schmieg, Esquire - I.D. #62205 c * VMYANESS?COMMISSION # DD 4830 1617 John F. Kennedy Blvd, Suite 1400 * EXPIRES: November 1 S, w Philadelphia, PA 19103-1814 PHS#: 187358 ?r?TfoFF ??\OC BO,?,d ThNBApt1011 (215) 563-7000 ,? ' ' , 1. t a A 30% PCW FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 187358 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject Jose A. Yamaguchi & Joan K. Yamaguchi Property Address: 326 High Mountain Road, Shippensburg, PA 17257 Possible Mailing Address: (Jose A. Yamaguchi) 8804 North-West 115th Street, Hialeah Gardens, FL 33018 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 Jose A. Yamaguchi - xxx-xx-1512 Joan K. Yamaguchi - xxx-xx-8121 B. EMPLOYMENT SEARCH Jose A. Yamaguchi & Joan K. Yamaguchi - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jose A. Yamaguchi reside(s) at 8804 North-West 115th Street, Hialeah Gardens, FL 33018 & Joan K. Yamaguchi reside(s) at 326 High Mountain Road, Shippensburg, PA 17257. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Jose A. Yamaguchi reside(s) at 326 High Mountain Road, Shippensburg, PA 17257, however had no listing for Joan K. Yamaguchi. On 09-17-08 our office made a telephone call to the subject's phone number (717) 530-1680 and received the following information: wrong number. B. On 09-17-08 our office made a telephone call to the phone number (717) 532-Wl and received the following information: wrong number. On 09-17-08 our office made a telephone call to the phone number (717) 543-6631 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 09-17-08 our office made a phone call in an attempt to contact Karen 1. Boutcher (717) 532-7082,321 High Mountain Road, Shippensburg, PA 17257: spoke with an unidentified female who could not confirm that the subjects reside(s) at 326 High Mountain Road, Shippensbur& PA 17257. On 09-17-08 our office made several phone calls in an attempt to contact Dustin Fisler (717) 530-5772,335 High Mountain Road, Shippensburg, PA 17257: answering machine. On 09-17-08 our office made several phone calls in an attempt to contact Richard Minnelli (717) 532-6263, 311 High Mountain Road, Shippensbur& PA 17257: no answer. On 09-17-08 our office made a phone call in an attempt to contact Milagros Corbo (305) 822-6488, MW North-West 115x+ Street, Hialeah, FL 33018: disconnected. On 09-17-08 our office made a phone call in an attempt to contact Adriana Gonzalez (305) 820-8955, 8809 North-West 115th Street Hialeah, FL 33018: disconnected. On 09-17-08 our office made several phone calls in an attempt to contact Jason Stimpson (305) 364-3780, 8819 North-West 115th Street, Hialeah, FL 33018: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-17-08 we reviewed the National Address database and found the following information Jose A. Yamaguchi & Joan K. Yamaguchi - 326 High Mountain Road, Shippensburg, PA 17257. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Jose A. Yamaguchi) 8804 North-West 115kh Street, Hialeah Gardens, FL 33018. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Jose A. Yamaguchi & Joan K. Yamaguchi. VI. OTHER INQUIRIES A. DEATH RECORDS As of 09-17-08 Vital Records and all public databases have no death record on file for Jose A. Yamaguchi & Joan K. Yamaguchi. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Jose A. Yamaguchi & Joan K. Yamaguchi residing at last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Jose A. Yamaguchi - 06-07-1990 Joan K. Yamaguchi - 09-1950 B. A.K.A. Jose Antonio Yamaguchi Joan K. Thompson * 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 the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIAN'P - Brendan Booth COMMONWEALTH OF PENNSYLVANIA Full Spectrum Legal Services, Inc. NOTARIAL SEAL THOMAS P. STRAIN, Notary Public Sworn to and subscribed before me this 17th day of September, City of PhIladelphia, Philaounty My (,ommission Expires Febru 2010 The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND 30% PCW 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 jason.ricco@fedphe.com Jason Ricco, 1482 Service Department March 4, 2009 Jose A. Yamaguchi and Joan K. Yamaguchi 326 High Mountain Road Shippensburg, PA 17257-9663 RE: LaSalle Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan, Mortgage Loan Asset-Backed Certidicates, Serie 2007-4 vs. Jose A. Yamaguchi and Joan K. Yamaguchi Premises Address: 326 High Mountain Road, Shippensburg, PA 17257-9663 Cumberland County, No. Civil 08-5693 Dear Jose A. Yamaguchi and Joan K. Yamaguchi, 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), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by 3/11/09. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire Representing Lenders in Pennsylvania and New Jersey 9 N 0 '°• c r z o? LA H 3 a a o M * * z CD co > ? p N 3 Q A a ? Ob e N ? ? y A? w c ? N r!yO+} R? °c a w Q `v m ? ;av §4? b ° a N 3 ? N Q? C ( v i r. cm `? ?. ' 'S7 Cy w p C C y y Q , o• a 5? Z. eb '-n ` trf us co o, A H X U A ' n ? ? O y ? 0 t r . p ?. 1 O A ? A co y s _. a 64 aoe ? C 3 ? rb iA PITNEY BOWES 10° $ 01 S Q . MAR OS 2009 0004218010 1910 3 3 8 g MAILED f ROM ZIP CODE 5 C R m_ ? C H CD O ? ?o A ? A. 11 a a ?O a. ? b A 0 0 m A w p °` RO q? ti 0 A m ?h C ? b M ?. a? 0 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 Schmieg, LLP By: Attorney for Plaintiff March 25, 2009 8 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 jason.ricco@fedphe.com LaSalle Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan, Mortgage Loan Asset-Backed Certidicates, Serie 2007-4 Attorney for Plaintiff Court of Common Pleas Civil Division VS. Cumberland County No. Civil 08-5693 Jose A. Yamaguchi Joan K. Yamaguchi 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 individuals as indicated below by first class mail, postage prepaid, on the date listed below. Jose A. Yamaguchi and Joan K. Yamaguchi: 326 High Mountain Road Shippensburg, PA 17257-9663 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. Date: March 25, 2009 tmeTG. 5chmieg, Esquire Attorney for Plaintiff 9 Respectfully submitted, r.-? ra - _ i . r-.7 .w} ""?} ???' r"F7 =v j ?: - ?. `l Y ? P' ...` '.? 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 LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-4 Plaintiff VS. JOSE A. YAMAGUCHI JOAN K. YAMAGUCHI ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 08-CIVIL-5693 Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. HALLINAN SCHMIEG, LLP S By: 7" F ancis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff Date: March 4, 2009 /jmr, Svc Dept. File# 187358 d N ra 0 c+.a .p. w4 s? MAR 3 02000 LA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan, Mortgage Loan Asset-Backed Certidicates, Serie 2007-4 i Civil Division' VS. No. Civil 08-5693 Jose A. Yamaguchi Joan K. Yamaguchi ORDER AND NOW, this off- day of `.-n Q.,, , 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 Defendants, Jose A. Yamaguchi and Joan K. Yamaguchi, by: 1. Posting of the premises: 326 High Mountain Road, Shippensburg. 2. First class mail to Jose A. Yamaguchi and Joan K. Yamaguchi at the last known address and the mortgaged premises located at 326 High Mountain Road, Shippensburg; PA 17257-9663; and 3. Certified mail to Jose A. Yamaguchi and Joan K. Yamaguchi at the last known address and the mortgaged premises located at 326 High Mountain Road, Shippensburg; PA 17257-9663; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: Cc: Jose A. Yamaguchi and Joan K. Yamaguchi J. 326 High Mountain Road Shippensburg, PA 17257-9663 PHS 187358 2 FI{ED-?tii cL-- OF THE Pp T-pnn,,n TAqy 2009 MAR 31 AM to: 15 'NTY Corr .vt?-I5 q?.1,f b' 1_ 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-4 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. JOSE A. YAMAGUCHI JOAN K. YAMAGUCHI : No. 08-CIVIL-5693 Defendants TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: L/ I - Lawrence 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire %/ q?/b Joshua I. Goldman, Esquire Attorneys for Plaintiff Date: May 4_ , 2009 /jrm, Svc Dept. File# 187358 t" - T?F4LED-t. "rlt;k t? Q I r ?C?" M1Tt4f'Y 2009 MAY -6 AM 10: 2 4 PODVN c f t -VANA Sheriffs Office of Cumberland County R Thomas Kline at Cuint+rrl? Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFIC'? =F -- ."E" ''F ` Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/11/2009 07:50 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2009 at 1950 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jose A. Yamaguchi pursuant to Order of Court by posting the premises located at 326 High Mountain Road, Shippensburg, Cumberland County, Pennsylvania, 17257, with a true and correct copy of the same according to law. 05/11/2009 Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2009 at 1950 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joan K. Yamaguchi pursuant to Order of Court by posting the premises located at 326 High Mountain Road, Shippensburg, Cumberland County, Pennsylvania, 17257, with a true and correct copy of the same according to law. SHERIFF COST: $72.20 May 12, 2009 SO ANSWERS, R THOMAS KLINE, S RIF Deputy Sheriff 2008-5693 LaSalle Bank v Jose Yamaguchi N ?F' LO F,1 co <