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HomeMy WebLinkAbout09-4419 R 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 215-563-7000 210052 JP MORGAN CHASE BANK NATIONAL ASSOCIATION 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 Plaintiff V. ANNETTE AUMILLER 718 HUMMEL AVENUE LEMOYNE, PA 17043-1831 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 411 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 210052 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 #: 210052 1. Plaintiff is JP MORGAN CHASE BANK NATIONAL ASSOCIATION 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: ANNETTE AUMILLER 718 HUMMEL AVENUE LEMOYNE, PA 17043-1831 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/30/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1345, Page 254. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2009 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 #: 210052 6. 7 The following amounts are due on the mortgage: Principal Balance $48,661.03 Interest $1,611.17 02/01/2009 through 07/01/2009 (Per Diem $10.67) Attorney's Fees $1,325.00 Cumulative Late Charges $96.20 09/30/1996 to 07/01/2009 Mortgage Insurance Premium / $10.93 Private Mortgage Insurance Cost of Suit and Title Search $750.00 Subtotal $52,454.33 Escrow Credit ($581.38) Deficit $0.00 Subtotal $581.38 TOTAL $51,872.95 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 #: 210052 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 $51,872.95, together with interest from 07/01/2009 at the rate of $10.67 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: kl.A.4? La ence T. Phelan, squire 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 V -10-? 1 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 File #: 210052 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hummel Avenue at a distance of 145 feet measured in a westerly direction from the south west corner of Hummel Avenue and Seventh Street (formerly Lorne Street); thence in a southerly direction along the western lot line of Lot No. 4, Section'E' on a Plan of Lots hereinafter mentioned 150 feet to a point on the northern line of Peach Alley; thence in a westerly direction along the northern line of Peach Alley, 17.5 feet, more or less, to a point; thence in a northerly direction along a line running through the center of a partition wall of a double brick erected in part on said Lot, 150 feet to a point on the southern line of Hummel Avenue; thence in an easterly direction along the southern line of Hummel Avenue, 17.5 feet, more or less, to a point, the place of BEGINNING. BEING the eastern half of Lot No. 5, Section 'E', Plan No. L of Riverton, Pennsylvania, said Plan being recorded in the Recorder's Office of Cumberland County in Deed Book J Volume 4, page 40. HAVING THEREON ERECTED the eastern half of a two and one-half story brick dwelling house, numbered 718 Hummel Avenue (formerly 418 Hummel Avenue) BEING the same premises which Frank J. Rubuck and Mary Ruback, his wife, by Deed dated 9-30-96 and intended to be herewith recorded, granted and conveyed unto Annette Aumiller. PREMISES BEING: 718 HUMMEL AVE PARCEL #: 12-22-0824-187 File #: 210052 VERIFICATION The undersigned attorney hereby states 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 unsworn falsifications to authorities. DATE: 0 I ? J PfA S7o7? rney for Plaintiff File #: 210052 C`% FiLF-El- OF T?l:_ A> 1/ 20CI 1110: ? ;7 0- ?/il 5? k4) Sheriffs Office of Cumberland County R Thomas Kline },, ''? Y Sheri W C11Mb14-4 Ronny R Anderson ?4# VO Z1 7 D b, ?, j- U r i L Chief Deputy Jody S Smith OJO Civil Process Sergeant OFFICE OF T-E SHERIFF Edward L Schorpp Solicitor JP Morgan Chase Bank, NA Case Number vs. Annette Aumiller 2009-4419 SHERIFF'S RETURN OF SERVICE 07/31/2009 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: Annette Aumiller, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Annette Aumiller. After several attempts the defendant wouldn't open the door. SHERIFF COST: $56.80 August 04, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF It 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 JP MORGAN CHASE BANK NATIONAL ASSOCIATION Plaintiff VS. ANNETTE AUMILLER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. CIVIL-09-4419 Defendants I I TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. P ELAN HALLINAN & SCHMIEG, LLP By: La nce T. Phelan, 11squire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esque 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 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff Date: September 17, 2009 /cdf, Svc Dept. File# 210052 Fh L? 4 Al? d-3 6 0-? y 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 215-563-7000 JP Morgan Chase Bank National Association Attorneys for Plaintiff Court of Common Pleas Civil Division VS. Cumberland County Annette Aumiller No. 09-4419 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, Annette Aumiller, by first class mail and certified mail to the Defendant at the mortgaged premises, 718 Hummel Avenue, Lemoyne, PA 17043, posting of the mortgaged premises, 718 Hummel Avenue, Lemoyne, PA 17043, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 3 1. Attempts to serve Defendant, Annette Aumiller, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 718 Hummel Avenue, Lemoyne, PA 17043. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as there was no response to the service attempts made by the deputy. 2. The Plaintiff's Process Server attempted to serve the Defendant at the 404 Koons Street, Apartment 1, Silverton, OR 97381. As indicated by the Affidavit of Service attached hereto as Exhibit "B", no service was made as the defendant does not reside at said premises. 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 September 18, 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 September 18, 2009 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's September 18, 2009 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "D". 4 6. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of September 18, 2009 to bring loan current. 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, Annette Aumiller, 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. PHELAN HALLINAN & SCHMIEG, LLP By*- I Lawr ce T. Phelan, Esq Id. No. 32227 Franc S. Hallinan, Esq., Id. No. 62695 Danie 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. 8 V60 Jenine R. Davey, Esq., Id. No. 8707 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 Attorneys for Plaintiff Date: September 18, 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 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 215-563-7000 JP Morgan Chase Bank National Association Attorneys for Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Annette Aumiller No. 09-4419 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. 6 Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the 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 Affidavits of Service attached hereto as Exhibit "B", service of the complaint could not be completed. 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. PHELAN HALLINAN & SCHMIEG, LLP By: Lawr ce ralinan, n, Esq., d. No. 32227 FranS. Esq., d. 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. 817 Jenine R. Davey, Esq., Id. No. 8707 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 Attorneys for Plaintiff Date: September 18, 2009 8 Exhibit "A" 13 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith ?fu+brfvhd >- ' ??-- Civil Process Sergeant ofFICE V -,Z &HERiF Edward L Schorpp Solicitor JP Morgan Chase Bank, NA vs. Case Number Annette Aumiller 2009-4419 SHERIFF'S RETURN OF SERVICE 07/31/2009 R. Thomas Kline, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Annette Aumiller, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Annette Aumiller. After several attempts the defendant wouldn't open the door. SHERIFF COST: $56.80 SO ANSWERS, August 04, 2009 R THOMAS KLINE, SHERIFF Exhibit "B" 14 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY JP MORGAN CHASE BANK NATIONAL ASSOCIATION PHS # 210052 DEFENDANT ANNETTE AUMILLER SERVE ANNETTE AUMILLER AT: 404 KOONS STREET APARTMENT 1 SILVERTON, OR 97381 SERVICE TEAM/ sam COURT NO.: CIVIL-09-4419 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made known to Defendant on the _ day of 200 at , o'clock _. M., at , in the manner described below: Defendant personally served. T Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swom to and subscribed before me this day of , 200_. Notary: By: NOTSERVED On the Of"" day of 200, at 3"14 o'clock r. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved K Does Not Reside (Not Vacant) No Answer Service Refused Other: Sworn to and subs 'bed befo met v 2V day of AkajJd?6?q. NIT ...,... ? F-,'_?.- .T. SEAL 1 i, TO ANN KIMBLE NOTAPV PUBLIC - OREGON COMW35I0N NO. 428155 MY CO'nNiISSiC)N EXPIRES APR. 20, 2012 By: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmle8, Esq., Id. No. 622M Michele M. Bradford, Esq., Ids No. 69849 Judith T. Romano, -sq., Id. No. 58745 Sheelal R. Shah-Jana, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 vq- Zoo`3 Exhibit"C"' 15 FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 210052 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Annette Aumiller Property Address: 718 Hummel Avenue, Lemoyne, PA 17043 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 Annette Aumiller - xxx-xx-8806 B. EMPLOYMENT SEARCH Annette Aumiller - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Annette Aumiller reside(s) at 718 Hummel Avenue, Lemoyne, PA 17043. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Annette Aumiller reside(s) at: 718 Hummel Avenue, Lemoyne, PA 17043. On 06-29-09 our office made a telephone call to the subject's phone number (717) 737-9978 and received the following information: disconnected. B. On 06-29-09 our office made a telephone call to the phone number (717) 234-3000 and received the following information: wrong number. On 06-29-09 our office made several telephone calls to the phone number (717) 574-1751 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 06-29-09 our office made a phone call in an attempt to contact Michael L Zeigler (717) 737-5087,713 Hummel Avenue, Lemoyne, PA 17043: spoke with an unidentified female who could not confirm that the subject reside(s) at 718 Hummel Avenue, Lemoyne, PA 17043. On 06-29-09 our office made several phone calls in an attempt to contact David Diffenderfer (717) 850-0186, 716 Hummel Avenue, Lemoyne, PA 17043: no answer. On 06-29-09 our office made several phone calls in an attempt to contact Steve F Arhondakis (717) 737-8819, 717 Hummel Avenue, Lemoyne, PA 17043: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 06-29-09 we reviewed the National Address database and found the following information: Annette Aumiller - 718 Hummel Avenue, Lemoyne, PA 17043. 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 Annette Aumiller. VL OTHER INQUIRIES A. DEATH RECORDS As of 06-29-09 Vital Records and all public databases have no death record on file for Annette Aumiller. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Annette Aumiller residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Annette Aumiller -12-22-1956 B. A.K.A. Annette N. Aumiller * 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 allies of 18 Pa C.S. 490xg to unsworn falsification to authorities. AFFIANT - Brendan Booth Full Spectrum Services, Inc. NICOLE). U.EHER Sworn to and subscribed before me this 30th day of June, 2009. ID 8 $383408 N)YARYPUB X0FNt1NJE}tSEI( The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND Exhibit "D" 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 cynthia.fenn@fedphe.com Cynthia D. Fenn, Ext. 1560 Service Department Representing Lenders in Pennsylvania and New Jersey September 18, 2009 Annette Aumiller 718 Hummel Avenue Lemoyne, PA 17043 RE: JP Morgan Chase Bank National Association vs. Annette Aumiller Premises Address: 718 Hummel Avenue, Lemoyne, PA 17043 Cumberland County, No. 210052 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 September 25, 2009 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Cynthia 0. Fenn For Phelan Hallinan & Schmieg, LLP 12 N l0 r z N o ? 00 v rn in ? w N aR ?o * G C D CD n C CD N = 00 CD z o x .0 D o e ay ri p -d m o N ? o? a V N ial N C o ao ?, ? o°y 3 c . f° o . a y 7 w f7 ?. w a ° o o -a a m co 9 cc H w % n N n y . • C M O N y n w ? A y ` A y Y1 -( w ? ?. a CD PN SAP ptmEY scMws s 01.26° = $ 021M 000421 801 0 SEP 1 8 2009 M ZIPCODE 1 91 03 o ?. c MAILED FRO w a?A ? rn O 0 0 m zs Z o a A Z cn ? A ?. c? c? a? cz 0 0 b z C) h b 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. By: HALLINAN & SCHMIEG, LLP Lawre c I'. Phelan, Esq., Id. No. 3222 f Franci . 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. 817p 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 Attorneys for Plaintiff Date: September 18, 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 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 215-563-7000 JP Morgan Chase Bank National Court of Common Pleas Association Civil Division VS. Cumberland County No. 09-4419 Annette Aumiller 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. 10 Annette Aumiller: 718 Hummel Avenue Lemoyne, PA 17043 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. PHELAN HALLINAN & SCHMIEG, LLP By: La ce . P elan, E , Id. No. 32227 Fr s S. Hallinan, Es ., 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. 8170 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 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Date: September 18, 2009 11 4;r P LET) OF THE I?PY 2939128 AE, 9: i ry Cj ?;°? f SEP 2 g p009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JP Morgan Chase Bank National Association Civil Division VS. No. 09-4419 Annette Aumiller ORDER AND NOW, this 70' day of 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, Annette Aumiller, by: 1. Posting of the premises: 718 Hummel Avenue, Lemoyne, PA 17043. 2. First class mail to Annette Aumiller at the mortgaged premises located at 718 Hummel Avenue, Lemoyne, PA 17043; and 3. Certified mail to Annette Aumiller at the mortgaged premises located at 718 Hummel Avenue, Lemoyne, PA 17043; and 4. Publication in accordance with PA. R.C.P. 430. Cc: Annette Aumiller 718 Hummel Avenue Lemoyne, PA 17043 BY TH COURT: J. PHS# 210052 c?o?S^ ` a1.??nc?.n `3 c?nmi? 2 OF THE PAMOOM 299 SEP 30 AN 11: 54 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 215-563-7000 JP Morgan Chase Bank National Association Plaintiff COURT OF COMMON PLEAS vs. : CIVIL DIVISION Annette Aumiller Defendant CUMBERLAND COUNTY : NO. 09-4419 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 persons Annette Aumiller at 718 Hummel Avenue, Lemoyne, PA 17043-1831, on October 8, 2009, in accordance with the Order of Court dated September 30, 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: La e ce T. Phelan, Es ., Id. No. 32227 Fran s 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. 817 0 Jenine R. Davey, Esq., Id. No. 8707P 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 Attorneys for Plaintiff Date: October 8, 2009 {Zr "LED a, i ARY 2009 OCT - 3 PH 1-9: 214 COO y 4 ? ? _ s t f 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 nine 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 215-563-7000 JP MORGAN CHASE BANK NATIONAL ASSOCIATION Plaintiff vs. ANNETTE AUMILLER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY : No. CIVIL-09-4419 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE r TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. HALLINAN & SCHMIEG, LLP By: La ce T. Phelan, Esq., Id. No. 32227 Fran SS. 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. 817,40 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 Attorneys for Plaintiff Date: October 8, 2009 /jjl, Svc Dept. File# 210052 ., rr '??::w 2009 0 C T - 9 P H 12: 2 I ri I {.j ?. 'c??Pt *10.0c) Po wTTY (+K.? a&D C? GO Q? a3l !o?? Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?r , G E TF FILE D-1-, 20G° OC ! 15 AN 9. 10 CUw AT JP Morgan Chase Bank, NA vs. Annette Aumiller Case Number 2009-4419 SHERIFF'S RETURN OF SERVICE 10/12/2009 05:52 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2009 at 1752 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Annette Aumiller, pursuant to order of court by posting the premises located at 718 Hummel Avenue Lemoyne, Cumberland County, Pennsylvania 17043 with a true and correct copy according to law. SHERIFF COST: $48.40 October 13, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By Deputy ?Shieriff 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 ine 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 215-563-7000 JP Morgan Chase Bank National Association Plaintiff vs. Annette Aumiller Defendant ATTORNEYS FOR PLAINTIFF : Court Of Common Pleas : Civil Division Cumberland County No. 09-4419 AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated September 30, 2009 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in Cumberland Law Journal on October 16, 2009 and The Sentinel on October 16, 2009. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By., Phelan fT nan & Schmieg, LOP Lawren 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. 817f 0 Jenine R. Davey, Esq., Id. No. 87077K 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 Attorneys for Plaintiff Date: October 27, 2009 I.- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 October 16, 2009 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. isa Marie Coyne, 11ditor SWORN TO AND SUBSCRIBED before me this 16 day of October, 2009 Notary / NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 . - L 1* CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 09-4419 JP Morgan Chase Bank National Association vs. Annette Aumiller NOTICE To Annette Aumiller: You are hereby notified that on July 2, 2009, Plaintiff, JP Morgan Chase Bank National Association, filed a Mortgage Foreclosure Com- plaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County Pennsylvania, docketed to No. 09-4419. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 718 Hummel Avenue, Lemoyne, PA 17043-1831 whereupon your prop- erty would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Oct. 16 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus, Advertising Operations Director of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): October 16, 2009 COPY OF NOTICE OF PUBLICATION poses that he/she is not ubject matter of the Ir1TY, PI!WMLVAMA advertisement, and that vp. . COURT OF cctlagN PLEAS a foregoing statement as '1QN character of publication ct MMi AND COUNTY 00.00-4419 To An qW _AW41br Fu?2 y?c44tu+kWetiw, ? ?? to No. t??, in tho CotMt'at?P1?Cum? b ?? t° fQyclaes oEr W n ory?ye nocur?sd on ?xritiek! County , PA 1 1831 whereupon your prol)arty. would be sold by )scribed before me this to WMW 40 you. Dt 68tore 20 days *MUM dBtA of this " Mryw+wiAlbcrAPic?rrd, mustaner ? +MIK'>??'l?drtaK ` 00?rtl a?ddd1'dllhfrld?ssortl?bjg?yWpns, ?IPMis IM?trip yp?ooe?I.V1ft0ti[ you a J"ft snt. to by MM Pftm f. You msy "Mm" Or r T F r 4F YOU -t HAY l.AWYE r TO OR e?AYoul ' PR°°v "F'ON Notary Public IN I A ?S OFDkrAY Alta"F{1Pgpyr You WfTt! ACED FEE OR NO FEE. ?`' 8R LEt;fAE $ER1rICES TO ELiC8 KE PERSONS AT A f ?. A aL?A QTY OU TiQN xpires: z??t3 109 ' NVIAML5M FAME! ANN HECK Notary Pic Camp HN Boro., CiMi m*A CWft [_My Comrnisslon Expires January 27, 2010 ILED-O? FCE (3F .QT '11) NOTARY 2609 OCT 28 PN l : G6 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN CHASE BANK, N.A. Plaintiff Court of Common Pleas Civil Division vs ANNETTE AUMILLER Defendant ~ CUMBERLAND County I No. CIVIL-09-4419 PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without Date: Tuly 19, 2010 PHS# 210052 PHELAN HALLINAN & SCHMIEG, LLP By: r -~~ L rence 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. 20677.21 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff C"~ ~~~ ;~r- ,. . ,,, +_::~ i `-~; i " .~. ~ _. 'r: ~ _ .c~. ra D i •~ ~~ t.._.. ~.:~ N ~: {.k? C... 1 .~ i', ~._. -,~ rr ,_~. -,; `, i,,~~ ~~ .~ -C