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Home My WebLink About08-7447r Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 68 -- '7 DIY ( CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 iVIVEK 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 193615 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 V. Plaintiff LUCAS P. SLOBODIAN ANNA K. HEARN 2015 YALE AVENUE CAMP HILL, PA 17011 File #: 193615 .y 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 (717) 249-3166 File #: 193615 N Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: LUCAS P. SLOBODIAN ANNA K. HEARN 2015 YALE AVENUE CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/30/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1913, Page 4184. 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 08/01/2008 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 #: 193615 6. The following amounts are due on the mortgage: Principal Balance $119,584.82 Interest $3,112.70 07/01/2008 through 12/17/2008 (Per Diem $18.31) Attorney's Fees $1,250.00 Cumulative Late Charges $244.50 06/30/2005 to 12/17/2008 Property Inspections $20.70 Appraisal/Brokers Price Opinion $70.00 Non Sufficient Funds Charge $30.00 Cost of Suit and Title Search 750.00 Subtotal $125,062.72 Escrow Credit $0.00 Deficit $343.92 Subtotal 343.92 TOTAL $125,406.64 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. 8. 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 File #: 193615 r discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $125,406.64, together with interest from 12/17/2008 at the rate of $18.31 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. PHEaNCE NAN & SCHMIEG, LLP Z? 3 I By: LA HEL AN, 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 #: 193615 19 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern line of Yale Avenue (50 feet wide) at the dividing line between Lots Nos. 189 and 190, Section D' as shown on the hereinafter mentioned Plan of Lots; thence southwardly along said dividing line one hundred forty-five (145) feet to Lot No. 173, Section'D'; thence North eighty-two degrees forty-eight minutes East (N 82 degrees 48 minutes E) along said Lot No. 173, sixty-five (65) feet to Lot No. 188, Section'D; thence northwardly along said Lot No. 188, Section'D' one hundred forty-five (145) feet to the southern line of Yale Avenue; thence along the southern line of Yale Avenue South eighty-two degrees forty-eight minutes West (S 82 degrees 48 minutes W) sixty-five (65) feet to the place of BEGINNING. BEING Lot No. 189, Section'D' in the Plan of College Park as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 108. FOR INFORMATION ONLY: HAVING thereon erected a one story brick dwelling house known as No. 2015 Yale Avenue, Camp Hill, Pennsylvania. TAX PARCEL NO. 01-22-0536-159 File #: 193615 ti 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. 1424 (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. 2- Y ? Attorney for Plaintiff DATE: J;?)f L. ftftft 06 V (13 G t7 N G? cao tV W Fl T.. dT"1 C, } r`rl A 10(/) SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07447 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS SLOBODIAN LUCAS P 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 HEARN ANNA K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 2015 YALE AVENUE HEARN ANNA K NOT FOUND , as to CAMP HILL, PA 17011 LUCAS SLOBODIAN STATED THAT DEFENDANT MOVED OUT AND THEY ARE IN PROCESS OF DIVORCE. Sheriff's Costs: So answers Docketing 6.00 /? ?.....1,...-'°" Service 00 Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 01/12/2009 Sworn and Subscribed to before me this day of A.D. ? ? -- -; r-: ....- -? -- ~ ?--' ???. ? - ? .. ? ,? 1.- 4:.- ? ?? r??? V +? "'? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07447 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS SLOBODIAN LUCAS P 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 SLOBODIAN LUCAS P but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT NOT FOUND , as to SLOBODIAN LUCAS P 32 W S.IMPSON STREET MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Affidavit Surcharge So answe s?- 6.00 9 .00 5.00 R. Th s Kline 10.00 Sheriff of Cumberland County JW • V V Sworn and Subscribed to before me this day of A. D. PHELAN HALLINAN SCHMIEG 01/12/2009 a - U.J 'c' t cL - SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07447 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS SLOBODIAN LUCAS P 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 HEARN ANNA K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , HEARN ANNA K NOT FOUND , as to 32 W SIMPSON STREET MECHANICSBURG, PA 17055 PER RESIDENT, DEFENDANT HAS NOT BEEN HERE SINCE JULY 08. Sheriff's Costs: Docketing Service Affidavit Surcharge So answer 6.00 00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 01/12/2009 Sworn and Subscribed to before me this day of A. D. u :?D t[ CL ?' ?' J L N ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-07447 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS SLOBODIAN LUCAS P ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SLOBODIAN LUCAS P the DEFENDANT , at 1622:00 HOURS, on the 6th day of January , 2009 at 2015 YALE AVENUE CAMP HILL, PA 17011 LUCAS P SLOBODIAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 13.50 e?,o .00 10.00 R. Thomas Kline .00 41.50 01/12/2009 PHELAN HALLINAN SCHMIEG By: 7;IZ .. day D puty eriff A.D. OCZ N (j 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 vienna.vitacolonna@fedphe.com Attorney for Plaintiff Sovereign Bank Court of Common Pleas Civil Division VS. Cumberland County Lucas P. Slobodian No. 08-7447-CIVIL TERM Anna K. Hearn 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, Anna K. Hearn, by first class mail and certified mail to the Defendant's last known address, 32 West Simpson Street, Mechanicsburg, PA 17055 and mortgaged premises, 2015 Yale Avenue, Camp Hill, PA 17011, posting of the mortgaged premises, 2015 Yale Avenue, Camp Hill, PA 17011, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Anna K. Hearn, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 2015 Yale Avenue, Camp Hill, PA 17011. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the defendant has moved from the property. 3 2. The Sheriff of Cumberland County attempted to serve the Defendant at the last known address, 32 West Simpson Street, Mechanicsburg, PA 17055. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", no service was made as the defendant no longer resides at 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 Prothonotary's Office and as of February 12, 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 February 3, 2009 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs February 3, 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 submits that it has made a good faith effort to locate the Defendant, Anna K. Hearn, 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 Hall Schmieg, LLP By: Daniel . Schmieg, Esquire Attorneys for Plaintiff February 12, 2009 Phelan Hallinan & Schmieg LLP 4 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 vienna.vitacolonna@fednhe.com Attorney for Plaintiff Sovereign Bank Court of Common Pleas Civil Division VS. Cumberland County Lucas P. Slobodian No. 08-7447-CIVIL TERM Anna K. Hearn 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 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. 5 (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 Exhibits "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, By: Daniel G. Schmieg, E Attorney for Plaintiff Date: February 12, 2009 6 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07447 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS SLOBODIAN LUCAS P 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 HEARN ANNA K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 2015 YALE AVENUE CAMP HILL, PA 17011 , HEARN ANNA K NOT FOUND , as to LUCAS SLOBODIAN STATED THAT DEFENDANT MOVED OUT AND THEY ARE IN PROCESS OF DIVORCE. Sheriff's Costs: So answers - -% Docketing 6.00 Service .00 Not Found 5.00 R. Thomas K ine Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 01/12/2009 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07447 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS SLOBODIAN LUCAS P 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 HEARN ANNA K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , HEARN ANNA K 32 W SIMPSON STREET NOT FOUND , as to MECHANICSBURG, PA 17055 PER RESIDENT, DEFENDANT HAS NOT BEEN HERE SINCE JULY 08. Sheriff's Costs: Docketing Service Affidavit Surcharge So answer., 6.00 `` _...... .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 01/12/2009 Sworn and Subscribed to before me this day of A. D. FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 193615 Attorney Firm: Phelan, Hallinan &c Schmie& LLP Subject: Lucas P. Slobodian & Anna K. Hearn Current Address: (Lucas P. Slobodian) 2015 Yale Avenue, Camp Hill, PA 17011 Current Address: (Anna K. Hearn) 32 West Simpson Street, Mechanicsburg, PA 17055 Property Address: 2015 Yale Avenue, Camp Hill, PA 17011 Mailing Address: (Lucas P. Slobodian) 2015 Yale Avenue, Camp Hill, PA 17011 Mailing Address: (Anna K. Hearn) 32 West Simpson Street, Mechanicsburg, PA 17055 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 Lucas P. Slobodian - xxx-xx-8321 Anna K. Hearn - xxx-xx-2513 B. EMPLOYMENT SEARCH Lucas P. Slobodian & Anna K. Hearn - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Lucas P. Slobodian reside(s) at: 2015 Yale Avenue, Camp Hill, PA 17011 & Anna K. Hearn reside(s) at: 32 West Simpson Street, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Lucas P. Slobodian & Anna K. Hearn. B. On 12-08-08 our office made a telephone call to the phone number (717) 773-4159 and received the following information: disconnected. On 12-08-08 our office made several telephone calls to the phone number (717) 350-3039 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 12-08-08 our office made a phone call in an attempt to contact Edward D. Crossley (717) 975-8748,2017 Yale Avenue, Camp Hill, PA 17011: spoke with an unidentified female who confirmed that Lucas P. Slobodian reside(s) at: 2015 Yale Avenue, Camp Hill, PA 17011 & Anna K. Hearn reside(s) at: 32 West Simpson Street, Mechanicsburg, PA 17055. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 12-08-08 we reviewed the National Address database and found the following information: Lucas P. Slobodian - 2015 Yale Avenue, Camp Hill, PA 17011 & Anna K. Hearn - 32 West Simpson Street, Mechanicsburg, PA 17055. 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 Lucas P. Slobodian & Anna K. Hearn. VI. OTHER INQUIRIES A. DEATH RECORDS As of 12-08-08 Vital Records and all public databases have no death record on file for Lucas P. Slobodian & Anna K. Hearn. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Lucas P. Slobodian & Anna K. Hearn residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Lucas P. Slobodian - not available Anna K. Hearn - 09-11-1984 B. A.K.A. Lucas D. Slobodian Anna K. Slobodian * 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 lties of 18 Pa C. Sec. 4904 relating to unsworn falsification to authorities. -??Wdft AI11111 -<o7w kllb? AFFIANT - Brendan Booth COMMONWEALTH OF PENNSYLVANIA Full Spectrum Services, Inc. NOTARIAL SEAL THOMAS P. STRAIN, Notary Public Sworn to and subscribed before me this 81h day of December, 2008. City of Philadelphia, Phila. County My Commission Expires February 4, 2010 The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND 0 n S C e c A •u --3 N ? M 5' ?, z N O ?O 00 J Q? IN A W N to 06 N O " * * * z cn * 3 n co ? w ? a b x x y a H H M • y CD n ??, ? a Q N Q ? a 1? rr N b ? C/] ? co .0 s y ? a In o o. x c o????n L b ° _ = y . •B 3 W 0 Q NJ O Joa. o =0 - ma `? ? prpoD ?' C y C 7 C C r. ? N ?G C A ? A y + p mp ?. CL O' 7 F • 0 W -• n _. ?0-0 o?o p F y p y Er .n+ Q O a.v?o 0 CS ? ? ' I _0 3 v o pi --° Sac o ? Z ? ? co I I Sat: m N M d o ? ? a r A > w p crRW v/ 0 C ? b a? 0 0 H' s c' I I I I I I ' ?o3•A?. 66 ?• C N ?? ?. r W PITNEY BOWES $ o1.1o0 ?3 Sn B a 02 1M 02 IM 8010 FEB 03 2009 5'0x r o ^o s MAILED FROM ZIP CODE 19103 C3Cyro d p\ ra. by f .. .M r„ 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 vienna.vitacolonna@fedphe.com@fedphe.com Vienna Vitacolonna, 1421 Service Department Representing Lenders in Pennsylvania and New Jersey February 3, 2009 Anna K. Hearn 32 West Simpson Street Mechanicsburg, Pa 17055 RE: Sovereign Bank vs. Lucas P. Slobodian and Anna K. Hearn Premises Address: 2015 Yale Avenue, Camp Hill, PA 17011 Cumberland County, No. 08-7447-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 February 11 , 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Vienna Vitacolonna For Daniel G. Schmieg, Esquire 9 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 vienna.vitacolonna@fedphe.com@fedphe.com Vienna Vitacolonna, 1421 Service Department Representing Lenders in Pennsylvania and New Jersey February 3, 2009 Anna K. Hearn 2015 Yale Avenue Camp Hill, PA 17011 RE: Sovereign Bank vs. Lucas P. Slobodian and Anna K Hearn Premises Address: 2015 Yale Avenue, Camp Hill, PA 17011 Cumberland County, No. 08-7447-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 February I 1 , 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Vienna Vitacolonna For Daniel G. Schmieg, Esquire 9 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, Phel alli chmieg, LLP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff February 12, 2009 7 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 vienna.vitacolonna@fedphe.com Attorney for Plaintiff Sovereign Bank Court of Common Pleas Civil Division VS. Cumberland County No. 08-7447-CIVIL TERM Lucas P. Slobodian Anna K. Hearn 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. Anna K. Hearn at: 2015 Yale Avenue Camp Hill, PA 17011 32 West Simpson Street Mechanicsburg, Pa 17055 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, Date: February 12, 2009 CC: Lucas P. Slobodian Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff 8 f7 - -{ C f rri cxs st r. 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 215-563-2000 SOVEREIGN BANK Plaintiff vs. LUCAS P. SLOBODIAN ANNA K. HEARN Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY : No. 08-7447-CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: Fehmary 12,, 2009 PHEL LINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /vcv, Svc Dept. File# 193615 ?i C "mss {1 wv.. n,s m W co r -N f EB 1 7 206) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank Civil Division VS. No. 08-7447-CIVIL TERM Lucas P. Slobodian Anna K. Hearn ORDER AND NOW, this day of . 6A:- €.. , 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, Anna K. Hearn, by: 1. Posting of the premises: 2015 Yale Avenue, Camp Hill, PA 17011. 2. First class mail to Anna K. Hearn at the last known address, 32 West Simpson Street, Mechanicsburg, PA 17055, and the mortgaged premises located at 2015 Yale Avenue, Camp Hill, PA 17011; and 3. Certified mail to Anna K. Hearn at the last known address, 32 West Simpson Street, Mechanicsburg, PA 17055 and the mortgaged premises located at 2015 Yale Avenue, Camp Hill, PA 17011; and 4. Publication in accordance with PA. R.C.P. 430. 193615 2 BY THE COURT: mg FEB 4 B { a1 / S/oq - LpOES enla tLc ib, 44,1 -b. J[`"..IL£/ f -- A . N -IC --