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HomeMy WebLinkAbout09-2548 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 drew L. Spivack, Esq., Id. No. 84439 x4aime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 203176 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. MARLIN H. BIRDSALL 50 CARLISLE AVENUE, ENOLA, PA 17025 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM &VI .l NO. 70 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 203176 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 #: 203176 1. Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: MARLIN H. BIRDSALL 50 CARLISLE AVENUE, ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/23/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR ERA HOME LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1933, Page 3184. 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 12/01/2008 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 #: 203176 V 6. 7. The following amounts are due on the mortgage: Principal Balance $120,216.60 Interest $3,581.10 11/01/2008 through 04/22/2009 (Per Diem $20.70) Attorney's Fees $1,300.00 Cumulative Late Charges $346.77 11/23/2005 to 04/02/2009 Cost of Suit and Title Search 750.00 Subtotal $126,194.47 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $126,194.47 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 #: 203176 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 $126,194.47, together with interest from 04/22/2009 at the rate of $20.70 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: 91J,,,3y La ence 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 Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 203176 LEGAL DESCRIPTION ALL THAT CERTAIN lot situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded in accordance with a survey completed by Alpha Consulting Engineers, Inc., as described in Plan Book 90, Page 55 of the Cumberland County Recorder of Deeds Office, as follows: BEGINNING at a concrete monument to be set located along the western right-of-way of Carlisle Avenue, said monument also being located 296.00 feet south of the southern right-of-way of Pitt Street; thence from said point of beginning along the western right-of-way of Carlisle Avenue, South 10 degrees 07 minutes 00 seconds East a distance of 48.00 feet to an iron pin; thence along an Unnamed and Unopened 10 feet Alley South 79 degrees 53 minutes 00 seconds West a distance of 150.00 feet to an iron pin; thence along an Unnamed and Unopened 10 feet Alley North 10 degrees 07 minutes 00 seconds West a distance of 48.00 feet to an iron pin to be set; thence along the common property line of Lot #4 of the below referenced subdivision North 79 degrees 53 minutes 00 seconds East a distance of 150.00 feet to the point and place of BEGINNING. BEING all of Lot #5 as created by the subdivision plan for 18 Carlisle Avenue and recorded on February 4, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 90, Page 55. PARCEL NO. 09-14-0834-305 PROPERTY BEING: 50 CARLISLE AVENUE File #: 203176 VERIFICATION I hereby state that I am the attorney for the 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 unworn falsifications to authorities. Attey for Plaintiff ?,r3 y DATE: ! -O File #: 203176 7 k ?. OF THE Apy 2 0 0 9 1'R 23 Al=1113* 10 C IV ;Vitt Sheriffs Office of Cumberland County R Thomas Kline ?I* at cumbel,'t4 Edward L Schorpp Sheri .? 4 Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFPCI aF T"E "RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/22/2009 04:00 P - R. Thomas Kline, Sheriff, who being duly swom according to law, states that he made a diligent earch and inquiry for the within named defendant to wit: Marlin H. Birdsall, but was unable to locate h m in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found a to the defendant Marlin H. Birdsall. After several attempts the complaint has expired. SHERIFF COST: $76120 SO AN May 27, 2009 A I R Chase ome Finance LLC VS Marlin H. Birdsall KLIN'E, SHERIFF r= ?, rJ ,L; ..? - wn 1'T-3 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 I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-2548 MARLIN H. BIRDSALL CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 203176 TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Atto y for Plaintiff By: Laver e T. Phelan, squire Francis S. Hallinan, squire 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 Joshua I. Goldman, Esquire Date: 05-26-09 PHS #: 203176 VERIFICATION Cindy A. Smith hereby states that he/she is AssistantSecretary of CHASE HOME FINANCE LLC, servicing agent for Plaintiff, CHASE HOME FINANCE LLC, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Name: DATE: ?c? Secretary Company: CHASE HOME FINANCE LLC Loan: 1916632080 File #: 203176 Birdsall 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 I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff VS. MARLIN H. BIRDSALL Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-2548 : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: MARLIN H. BIRDSALL 50 CARLISLE AVENUE, ENOLA, PA 17025-2204 Date: 05-26-09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Lawr ce T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jam, 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 Joshua I. Goldman, Esquire o ? ` .1;...??i 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 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY MARLIN H. BIRDSALL No. 09-2548 Defendants TE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: iG • ??? awrence . 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 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquires Attorneys for Plaintiff Date: June 8, 2009 /jjl, Svc Dept. File# 203176 FILED -PPii- ICE OF THE PP-,4 T H )NIOTARY 2009 JUN 10 AM 10: 13 P EN!S,'yLVA%N A Pd. 4m - a 7*? $? # of 2 U N77 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., I'd. 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 I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorneys for Plaintiff Chase Home Finance LLC Court of Common Pleas Civil Division VS. Cumberland County Marlin H. Birdsall No. 09-2548 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, Marlin H. Birdsall, by first class mail and certified mail to the Defendant's mortgaged premises, 50 Carlisle Avenue, Enola, PA 17025, posting of the mortgaged premises, 50 Carlisle Avenue, Enola, PA 17025, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Marlin H. Birdsall, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 50 Carlisle Avenue, Enola, PA 17025. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as there was no response to the attempts made by the deputy. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of June 17, 2009, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on June 9, 2009 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff s June 9, 2009 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of June 17, 2009 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, Marlin H. Birdsall, 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. Respectfully submitted, & SCHMIEG, LLP 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 Jeine 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 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Date: June 17, 2009 5 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 Attorneys for Plaintiff 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 Chase Home Finance LLC Court of Common Pleas Civil Division vs. Cumberland County Marlin H. Birdsall No. 09-2548 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). 6 An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". 7 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, AN & SCHMIEG, LLP ,?wrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire J7auren R. Davey, Esquire 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 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Date: June 17, 2009 8 Exhibit "A" 13 Sheriffs Office of Cumberland County R Thomas Kline It, t nmb f Edward L Schorpp Sheriff Solicitor =' Y S Smith Ronny RAnderson Sod Chief Deputy aFRCE `°= F T-1 s"=RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/22/2009 04:00 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Marlin H. Birdsall, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Marlin H. Birdsall. After several attempts the complaint has expired. SHERIFF COST: $76.20 SO ANSWERS. May 27, 2009 j R TtOMAS KLINE, SHERIFF {, 2009-2548 Chase Home Finance LLC VS Marlin H. Birdsall Exhibit "B" 14 FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 203176 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Marlin H. Birdsall Property Address: 50 Carlisle Avenue, Enola, PA 17025 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 Marlin H. Birdsall - xxx-xx-7338 B. EMPLOYMENT SEARCH Marlin H. Birdsall - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Marlin H. Birdsall reside(s) at: 50 Carlisle Avenue, Enola, PA 17025. 11. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Marlin H. Birdsall reside(s) at: 50 Carlisle Avenue, Enola, PA 17025. On 04-06-09 our office made a telephone call to the subject's phone number (717) 728-7579 and received the following information: disconnected. B. On 04-06-09 our office made several telephone calls to the phone number (717) 659-9049 and received the following information: answering machine. On 04-06-09 our office made several telephone calls to the phone number (717) 350-9420 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 04-06-09 our office made several phone calls in an attempt to contact Elizabeth J. Plum (717) 728-9690, 52 Carlisle Avenue, Enola, PA 17025: answering machine. On 04-06-09 our office made several phone calls in an attempt to contact Elizabeth Kiel (717) 728-9563, 54 Carlisle Avenue, Enola, PA 17025: answering machine. On 04-06-09 our office made several phone calls in an attempt to contact Linda K. Tonkin (717) 732-8119, 55 Carlisle Avenue, Enola, PA 17025: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 04-06-09 we reviewed the National Address database and found the following information: Marlin H. Birdsall - 50 Carlisle Avenue, Enola, PA 17025. 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 Marlin H. Birdsall. VI. OTHER INQUIRIES A. DEATH RECORDS As of 04-06-09 Vital Records and all public databases have no death record on file for Marlin H. Birdsall. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Marlin H. Birdsall residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Marlin H. Birdsall - 08-01-1962 B. A.K.A. Marlin Ho Nam Birdsall * 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. 00 Y?) ??? AFFIANT - Brendan Booth e"151CA W LUGO Full Spectrum Services, Inc. ID t 2383078 Sworn to and subscribed before me this 6 day of April, 2009. , ,.,...,... The above information is obtained from available public records and we are only liable for the cost of the affidavit. 1ND Exhibit "C" 15 b y y Z N d ? ? ? W N O ? ? ? M 1 r m v1 ac , z? T 3 ?i o a ? ob ?. °' ?? ?1 to a O ti by Idyl _? s ti ro ,? 1 '` n 0D O' !n,, v _ ' to ~ G/J Q w p A tt, y W O Q_ n ? ?• Ywl a 0 owe09?y N N c ? s ? p /roll U 3 Q ' O p O e ? o Q ,y-,. r?3 0. ?.y 3 H W y ?' G .7 w ' ? _ O • H ?yx Cy CD Al ? H o ro ?? o o• B 11 S y O f? n • • ? APS P% . H r? S "F ANommummaw ' Z • (/ ?IO p1TNFY H01MF5 ' 26° $ 01 02 1M y . 0004218010 JUN09 2009 g n' ?C c MAILED FROM ZIP CODE 1 91 03 H C y lD '? 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 joseph.lee@fedphe.com Joseph Lee, Ext. 1550 Service Department June 9, 2009 Marlin H. Birdsall 50 Carlisle Avenue Enola, PA 17025 Representing Lenders in Pennsylvania and New Jersey RE: Chase Home Finance LLC vs. Marlin H. Birdsall Premises Address: 50 Carlisle Avenue, Enola, PA 17025 Cumberland County, No. 09-2548 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 06/16/2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very.trQy Foy&helan Hallinan & Schmieg, LLP 12 VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she 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/her 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, AN & SCHMIEG, LLP a ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire June R. Davey, Esquir 3-1 ` I auren R. Tabas, EsquirP33 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Date: June 17, 2009 9 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 Attorneys for Plaintiff 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 Chase Home Finance LLC Court of Common Pleas Civil Division vs. Cumberland County No. 09-2548 Marlin H. Birdsall CERTIFICATION OF SERVICE The undersigned certifies 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. Marlin H. Birdsall: 50 Carlisle Avenue Enola, PA 17025 10 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, HALLINAN & SCHMIEG, LLP -'Lawr6nce T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jen ne R. Davey, Esquire `'? ?' auren R. Tabas, Esquire 3 J Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Date: June 17, 2009 11 r;Y JUN 2 2 2009u 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Chase Home Finance LLC vs. Marlin H. Birdsall Civil Division No. 09-2548 ORDER AND NOW, this 13-4 day of 2009 u on 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, Marlin H. Birdsall, by: 1. Posting of the premises: 50 Carlisle Avenue, Enola, PA 17025. 2. First class mail to Marlin H. Birdsall at the mortgaged premises located at 50 Carlisle Avenue, Enola, PA 17025; and 3. Certified mail to Marlin H. Birdsall at the mortgaged premises located at 50 Carlisle Avenue, Enola, PA 17025; and 4. Publication in accordance with PA. R.C.P. 430. BY THE J20URT: Cc: Marlin H. Birdsall 50 Carlisle Avenue Enola, PA 17025 4 /?-d cy y PHS# 203176 J. 2 NO 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 I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-56"t-7000 CHASE HOME FINANCE LLC Plaintiff vs. MARLIN H. BIRDSALL ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 09-2548 Defendants TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. & SCHMIEG, LLP By: " La enc T. Phel n, Esquire F ands Hall' n, 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 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff Date::~v~, /cdf, Svc Dept. File# 203176 PL.~D-~:~r~=~CE 4F TNc ~^-~.r~r~~~T~Y 2Q09 Jt1L 22 PM i2~ c ~ ,_ J n• ~ ~~ . Q;~ ~ ~ ~~ y ~~ 1a p~29~ ~• 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 I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff vs. Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION MARLIN H. BIRDSALL Defendant(s) CUMBERLAND COUNTY NO. 09-2548 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following person MARLIN H. BIRDSALL at 50 CARLISLE AVENUE, ENOLA, PA 17025 on AUGUST 6, 2009, in accordance with the Order of Court dated JUNE 23, 2009. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. HALLINAN & SCHMIEG, LLP By: Lav~ce T. Phelan,~squire Fran S. Hallinan, squire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esgy~e Jenine R. Davey, Esquir 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 Joshua I. Goldman, Esquire ATTORNEYS FOR PLAINTIFF August 6, 2009 ~:C~~ ~'~i~ ! i iii 4 ~~ 5 S.+iJI~•r'i ~.'r4 { C,~hi ,;t ~n ~4~/ Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esy , 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. Rio. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. X10. 86657 Peter J. Mulcahy, ~s , Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGutnness~ Esq., Id. No. 90134 Chrisovalante P. Fl~akos, Esq~' Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq.: Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia PA 19103 215-563-700 "~~'~" ~ ~NQf/~ 20{0 MAR -~ PM ~: 24 f'~NPd61R.YAl~A CHASE HOME FINANCE LLC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MARLIN H. BIRDSALL CIVIL DIVISION NO. 09-2548 Defendant(s). VERIFICATION OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to MARLIN H. BIRDSALL on FEBRUARY 3, 2010 in accordance with the Order of Court dated JUNE 23, 2009. The property was posted on FEBRUARY 13, 2010. Publication was advertised in THE SEI~TTINEL on FEBRUAR 8, 2010 & in CUMBERLAND LAW JOURNAL on FEBRUARY 12, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. AN & SCHMIEG, LLP Mich a M. Bradford, );squire Jud' T. Romano, Esquire S etal R. Shah-Jani, Esquire nine R. Davey, Esquire auren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones Esquire Andrew L. S~pivack, Esq., Id. No. 84439 Peter J. Mulcahy, Es uire Joshua I. Goldman Courtenayy R. Dunn, Andrew C. Bramble Attorneys for Plain Esquire akos,,Esquire Esquire ssq., Id No. 206779 ,~~ sq., ld No. 208375 Dated: February 26, 2010 Y . IN THE COURT OF COMMON PLEAS MAY 14 2010 ' CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC Court of Common Pleas Plaintiff v. Civil Division MARLIN H. BIRDSALL Defendant CUMBERLAND County No. CIVIL-09-2548 ORDER AND NOW, this I ~ day of n+,~y , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nune pro tune as follows: Principal Balance $120,216.60 Interest Through June 2, 2010 $12,002.46 Per Diem $20.70 Late Charges $462.36 Legal fees $1,300.00 Cost of Suit and Title $2,441.97 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $305.94 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $0.00 TOTAL $136,729.33 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. . BY THE 'OU~~RT ~1~ ~ ES h,.~. ~ ~Er~, dli ~`~t1. 77" ~~ .~- ~ ~ ~.,~l~G~ r.. , ~'~ J. ~ ~~ ~ m . ~1~/ZC~LS`J.l. ~ `~Q ~z Wd ~ ~ ~,~W.414Z 203176 ~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY (LED-t., Ronny R Anderson ,-,~ ~,r ,~ "`,~~~~~pY Sheriff :~ Jody S Smith "~' ''~ ~ .~ C~~ - 3 hi~"I 9~~'i 5 Chief Deputy Richard W Stewart CU~~~i~~;~~ t~JUNTIr Solicitor P~i`~~JSYT~~1,~IA Chase Home Finance LLC vs. Marlin H. Birdsall SHERIFF'S RETURN OF SERVICE Case Number 2009-2548 04/05/2010 02:50 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1445 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Marlin H. Birdsall, located at 50 Carlisle Avenue, Enola, Cumberland County, Pennsylvania according to law. 04/07/2010 11:46 AM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Marlin H. Birdsall, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Safe and Description as NOT FOUND as to the defendant, Marlin H. Birdsall, defendant moved and did not leave a forwarding address with the post office. 06/02/2010 Property sale postponed to 8/4/2010. 08/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on August 4, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of, Fannie Mae, P.O. Box 650043, Dallas, TX, 75265, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 797.81 SHERIFF COST: $797.81 SO ANSWERS, `~"~ September 02, 2010 RON R ANDERSON, SHERIFF a.©~ ~ - ~. ~~ ~ ~~ ~~~ CHASE HOME FINANCE LLC COURT OF COMMON PLEAS PlaEntiff v. CIVIL DIVISION NO. CIVIL-09-2548 MARLIN H. BIRDSALL Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 50 CARLISLE AVENUE„ ENOLA, PA 17025-2204. Name and address of Owner(s) or reputed Owner(s): Name MARLIN H. BIRDSALL Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 50 CARLISLE AVENUE, ENOLA, PA 17025-2204 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS, INC. 3300 SW 34TH AVENUE; SUITE 101 OCALA, FL 34474 MERS AS A NOMINEE FOR ERA MORTGAGE ERA MORTGAGE P.O. BOX 2026 FLINT, MI 48501-2026 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate j TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare LAUREL S. BIRDSALL C/O: KEITH O. BRENNEMAN, ESQUIRE MERS AS A NOMINEE FOR PHH MORTGAGE CORPORATION PHH MORTGAGE CORPORATION 50 CARLISLE AVENUE, ENOLA, PA 17025-2204 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 44 W. MAIN STREET MECHANICSBURG, PA 17055 P.O. BOX 2026 FLINT, MI 48501-2026 4001 LEADENHALL ROAD MT. LAUREL, NJ 08054 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein ma e subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ~ December 7, 2009 By: I- Attorney for Pl ' ff 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 ^ S eetal R. Shah-Jani, Esq., Id. No. 81760 ^ enine 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 I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 CHASE HOME FINANCE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO. CIVIL-09-2548 MARLIN H. BIRDSALL CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARLIN H. BIRDSALL 50 CARLISLE AVENUE, ENOLA, PA 17025-2204 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 50 CARLISLE AVENUE„ ENOLA, PA 17025-2204 is scheduled to be sold at the Sheriff's Sale on 06!02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $129,258.07 obtained by CHASE HOME FINANCE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go. through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30} days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-2548 CHASE HOME FINANCE LLC vs. MARLIN H. BIRDSALL owner(s) of property situate in the EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 50 CARLISLE AVENUE ENOLA PA 17025-2204 Parcel No. 09-14-0834-305 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $129,258.07 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded in accordance with a survey completed by Alpha Consulting Engineers, Inc., as described in Plan Book 90, Page 55 of the Cumberland County Recorder of Deeds Office, as follows: BEGINNING at a concrete monument to be set located along the western right-of--way of Carlisle Avenue, said monument also being located 296.00 feet south of the southern right-of--way of Pitt Street; thence from said point of beginning along the western right-of--way of Carlisle Avenue, South 10 degrees 07 minutes 00 seconds East a distance of 48.00 feet to an iron pin; thence along an Unnamed and Unopened 10 feet Alley South 79 degrees 53 minutes 00 seconds West a distance of 150.00 feet to an iron pin; thence along an Unnamed and Unopened 10 feet Alley Nortll 10 degrees 07 minutes 00 seconds West a distance of 48.00 feet to an iron pin to be set; thence along the common property line of Lot #4 of the below referenced subdivision North 79 degrees 53 minutes 00 seconds East a distance of 150.00 feet to the point and place of BEGINNING. CONTAINING 7,200.00 square feet or 0.1653 acres. BEING all of Lot #5 as created by the subdivision plan for 18 Carlisle Avenue and recorded on February 4, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 90, Page SS. TITLE TO SAID PREMISES IS VESTED IN Marlin H. Birdsall, a single person, by Deed from Harold R. Loew, III and Debra K. Loew, his wife, dated 11/23/2005, recorded 12/07/2005 in Book 272, Page 1252. PREMISES BEING: 50 CARLISLE AVENUE„ ENOLA, PA 17025-2204 PARCEL N0.09-14-0834-305 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAL"~H OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2548 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, Plaintiff (s) From MARLIN H. BIRDSALL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $129,258.07 L.L. $.50 Interest from 9/18/09 ($21.25 per diem) -- $5,482.50 Atty's Comm % Due Prothy $2.00 Atty Paid $263.14 Other Costs Plaintiff Paid Date: 12/28/09 Curtis R. L ro hon ary (Seal) By. Deputy REQUESTING TARTY: Name: VIVEK SRIVASTAVA, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone : 215-5 63- 7000 Supreme Court ID No. 202331 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered, 50 Carlisle Avenue, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 B: ,~ Rea Es ate oordinator S Z ~~ c 0 ~ ~~fl b%;t r~ ~, ;~ ; ,_. ~~~ ~ ^~~- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-2548 Chase Home Finance LLC S/BJM to Chase Manhattan Mortgage Corporation vs. Marlin H. Birdsall Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. CIVIL-09-2548, CHASE HOME FINANCE LLC vs. MARLIN H. BIRD- SALL, owner of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylva- nia, being 50 CARLISLE AVENUE, ENOLA, PA 17025-2204. Parcel No. 09-14-0834-305. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $129,258- .07. i c%Gc- sa Marie Coyne, E rtor C SWORN TO AND SUBSCRIBED before me this 0 da of Aril 2010 ~• Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Pubtic CARL{SLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28. 2014 - The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg,.PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~11e~latriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 Writ No. 2009-2548 04/23/10 Chase Home Finance LLC _ ~ S/BAw to Chase Manhattan %/ ~~ ~ 04/30/10 Mortgage ~' !/~' U~` ~ \ G~ .. ._'~_ Corporation Vs. Marlin H. Birdsall ............ ~ ....... ......... . Atty: Daniel G Schmieg By~irt~eoraWrtofExecntionxo.clvnro9- Sworn to an utSscribed before me this'f8 day of May, 2010 A.D. 2sas ~~ , CHASE HDME FINANCE LLC ~ ~ , MARLIN H.BIRDSALL Notary Public Owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 50 CARLISLE AVENUE„ ENOLA, PA 17025- 2204 Parcel No.09-14-0834-305 (Acreage ar'strcet COMMONWEALTH OF PENNSYLVANIA address) Improvements thereon: RESIDENTIAL DWELLING ItJDfiiMENT AMOUNT: Notarial Seal $129,258.07 _ Sherrie L Klstxx, Notary Putdic ' Lower Paxton 11Np., Dauphin County MY Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 4th day of Au ust A.D., 2010, under and by virtue of a writ Execution issued on the 28th day of December, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 2548, at the suit of Chase Home Finance LLC against Marlin H Birdsall is duly recorded as Instrument Number 201024606. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this j day of A.D. 2 (> t G of Deeds Recorder dDeede, ~lniber~nd~~ ~!~ ~'~Y Cannission E~ins Qu F1af MondadJlo. 9oN