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HomeMy WebLinkAbout10-5693Phelan 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 v/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 248324 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. LARRY L. FOSTER KIMBERLY K. FOSTER 60 CONRAD ROAD CARLISLE, PA 17015-8854 Defendants FltF. F '(? t .r. h (7IF ,14E is ; .jf), _r) -2 E''1 1: 13 C COUNV ., 01 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 -5&93 (2iv 07e-M CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE CS) Qa.oo P6 ATTY C? 9Q88?5 ?,* ay??s7 File #: 248324 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 248324 1. Plaintiff is THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: LARRY L. FOSTER KIMBERLY K. FOSTER 60 CONRAD ROAD CARLISLE, PA 17015-8854 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 11/12/2004 LARRY L. FOSTER and KIMBERLY K. FOSTER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR EQUITY ONE, INC., DBA POPULAR FINANCIAL SERVICES which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1888, Page 1909. By Assignment of Mortgage recorded 11/08/2007 the mortgage was assigned to THE BANK OF NEW YORK AS TRUSTEE FOR EQUITY ONE INC. MORTGAGE/PASS THROUGH CERTIFICATES SERIES# 2005-2 which Assignment is recorded in Assignment of Mortgage Instrument No. 200742322. 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. File #: 248324 4 5 6. 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 12/01/2006 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. The following amounts are due on the mortgage: Principal Balance $98,183.19 Interest $30,109.17 11/0 1 /2006 through 09/01/2010 (Per Diem $21.2) Attorney's Fees $650.00 Late Charges through 09/01/2010 $778.32 Costs of Suit and Title Search $550.00 Escrow Deficit $8,535.84 TOTAL $138,398.55 7. 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. 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 File #: 248324 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. 9. This action does not come under Act 91 of 1983 because the mortgage is more than twenty-four (24) months in arrears. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $138,398.55, together with interest from 09/01/2010 at the rate of $21.2 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: LL_TLawrence 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 Attorneys for Plaintiff File #: 248324 LEGAL DESCRIPTION ALL that certain lot of ground with the improvements thereon erected situated in the Township of Middlesex, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to-wit: ON the East by Conrad Road; on the North by Lot No. 55 on the hereinafter mentioned Revised Plan of Lots; on the West by lot No. 38 on said Plan; and on the South by Lot No. 57 on said plan. Being fifty (50) feet on said Conrad Road and extending in depth at an even width from the center line of said Road 223.4 feet, more or less. BEING Lot No. 56 on the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Recorder's Office at Carlisle, Pennsylvania, in Plan Book No. 3, Page 103. UNDER AND SUBJECT to all existing easements, covenants, conditions and restrictions of record. BEING the same premises which Paul W. Bolen and Minnie J. Bolen, by Deed dated April 4, 1991 and recorded April 5, 1991 in Cumberland County in Deed Book Volume 35-A at Page 762, granted and conveyed unto Kathleen A. White, a single woman. PROPERTY ADDRESS: 60 CONRAD ROAD, CARLISLE, PA 17015-8854 PARCEL # 21-22-0119-028 File #: 248324 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. 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. Aftomey for Plaintiff DATE: _!ft I k I 10 File #: 248324 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy P., 17 'r r7 tL' 9 'U1 I, sl ,A Richard W Stewart Solicitor i ( t `.5 t fl , t 11 The Bank of New York Mellon vs. Larry L. Foster (et al.) Case Number 2010-5693 SHERIFF'S RETURN OF SERVICE 09110/2010 08:41 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 10, 2010 at 2041 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Larry L. Foster, by making known unto himself personally, at 60 Conrad Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. l "! DENNI RY, DEPUy 09/22/2010 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: Kimberly K. Foster, 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 Kimberly K. Foster. Larry L. Foster advised Deputies Kimberly K. Foster does not reside at 60 Conrad Road, Carlisle, PA 17015. The defendant was not found at 7043 Carlisle Pike, Lot 327, Carlisle, PA 17015. SHERIFF COST: $59.80 September 22, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (C) CouMySuite Sheriff, Teleosoft_ Inc. 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 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 248324 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. LARRY L. FOSTER KIMBERLY K. FOSTER 60 CONRAD ROAD CARLISLE, PA 17015-8854 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Oivi NO. 11) - 503 1 Tem CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE e dye ??a o'?ti? r016 ???r??G,??vp o?tQ C?`?? axi\?ea ote?`? TRUE eoPT"MAG MD M resthr,ohy WW"K v 4hW*V1 set my nand File #: 248324 and tha as 1081010- - ba?fsle, Pa. _Qj= aR 2010.__ 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 248324 1. Plaintiff is - - - - THE BANK OF NEW YORK MELLON FIKIA THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: LARRY L. FOSTER KIMBERLY K. FOSTER 60 CONRAD ROAD CARLISLE, PA 17015-8854 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/12/2004 LARRY L. FOSTER and KIMBERLY K. FOSTER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR EQUITY ONE, INC., DBA POPULAR FINANCIAL SERVICES which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1888, Page 1909. By Assignment of Mortgage recorded 11/08/2007 the mortgage was assigned to THE BANK OF NEW YORK AS TRUSTEE FOR EQUITY ONE INC. MORTGAGE/PASS THROUGH CERTIFICATES SERIES# 2005-2 which Assignment is recorded in Assignment of Mortgage Instrument No. 200742322. 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. File #: 248324 4 5 6 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 12/01/2006 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. The following amounts are due on the mortgage: Principal Balance $98,183.19 Interest $30,109.17 11/0 1/2006 through 09/01/20 10 (Per Diem $21.2) Attorney's Fees $650.00 Late Charges through 09/01/2010 $778.32 Costs of Suit and Title Search $550.00 Escrow Deficit $8,535.84 TOTAL $138,398.55 7 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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 File #: 248324 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. 9. This action does not come under Act 91 of 1983 because the mortgage is more than twenty-four (24) months in arrears. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $138,398.55, together with interest from 09/01/2010 at the rate of $21.2 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: PHELAN HALLINAN & SCHMIEG, LLP (?Trawrence 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 Attorneys for Plaintiff File 4: 248324 LEGAL DESCRIPTION ALL that certain lot of ground with the improvements thereon erected situated in the Township of Middlesex, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to-wit: ON the East by Conrad Road; on the North by Lot No. 55 on the hereinafter mentioned Revised Plan of Lots; on the West by lot No. 38 on said Plan; and on the South by Lot No. 57 on said plan. Being fifty (50) feet on said Conrad Road and extending in depth at an even width from the center line of said Road 223.4 feet, more or less. BEING Lot No. 56 on the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Recorder's Office at Carlisle, Pennsylvania, in Plan Book No. 3, Page 103. UNDER AND SUBJECT to all existing easements, covenants, conditions and restrictions of record. BEING the same premises which Paul W. Bolen and Minnie J. Bolen, by Deed dated April 4, 1991 and recorded April 5, 1991 in Cumberland County in Deed Book Volume 35-A at Page 762, granted and conveyed unto Kathleen A. White, a single woman. PROPERTY ADDRESS: 60 CONRAD ROAD, CARLISLE, PA 17015-8854 PARCEL # 21-22-0119-028 File #: 248324 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. 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. orney for Plaintiff DATE: ft I\ 11 o File #; 248324 17 , 4y t Phelan Hallinan & Schmieg, LLP - , ,, ,i;• 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff The Bank Of New York Mellon F/K/A The Bank Of New York As Successor To JPMorgan Chase Bank, N.A., As Trustee For The Benefit Of The Certificateholders Of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2005-2 vs. Larry L. Foster Kimberly K. Foster Court of Common Pleas Civil Division Cumberland County No. 10-5693 Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, Kimberly K. Foster, by first class mail to the last known address, 7043 Carlisle Pike, Lot 327, Carlisle, PA 17015, and the mortgaged premises, 60 Conrad Road, Carlisle, PA 17015; posting of the mortgaged premises, 60 Conrad Road, Carlisle, PA 17015; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Kimberly K. Foster, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 60 Conrad Road, Carlisle, PA 17015. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the Defendant does not reside at said address. 2. The Sheriff of Cumberland County attempted to serve the Defendant at the last known address, 7043 Carlisle Pike, Lot 327, Carlisle, PA 17015. 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. 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 "B". 4. Plaintiff contacted the Prothontary's Office and as of November 16, 2010, 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 November 4, 2010 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff s November 4, 2010 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 6. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of November 16, 2010 to bring loan current. 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, Kimberly K. Foster, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: November 16, 2010 By: L en e 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 Andrew C. Bramblett, Esq., Id No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 The Bank Of New York Mellon F/K/A The Bank Of New York As Successor To JPMorgan Chase Bank, N.A., As Trustee For The Benefit Of The Certificateholders Of Popular ABS, Inc. Mortgage Pass- Through Certificates Series 2005-2 VS. Larry L. Foster Kimberly K. Foster Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 10-5693 Civil Term MEMORANDUM OF LAW 1. FACTUAL BACKGROUND Attempts to serve Defendant, Kimberly K. Foster, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 60 Conrad Road, Carlisle, PA 17015, as well as the last known address, 7043 Carlisle Pike, Lot 327, Carlisle, PA 17015. As indicated by the Return of Service attached hereto as Exhibit "A", no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto as Exhibit "B". Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendant as of November 16, 2010 to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: 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. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries 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. Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582,575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the attached Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the attached affidavit of due diligence, marked as Exhibit "B". Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. III. CONCLUSION As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, publication, and posting. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: November 16, 2010 By: La nce 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. 2067PT--? Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Exhibit "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff , st Case.%b Jody S Smith Chief Deputy ' Richard W Stewart Solicitor OFWA of TM $nWF The Bank of New York Mellon Cass Number VS. Larry L. Foster (et al.) 2010-5893 SHERIFF'S RETURN OF SERVICE 09/10/2010 08:41 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 10, 2010 at 2041 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Larry L. Foster, by making known unto himself personally, at 60 Conrad Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. DENNI RY, DEPU" 09/22/2010 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: Kimberly K. Foster, 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 Kimberly K. Foster. Larry L. Foster advised Deputies Kimberly K. Foster does not reside at 60 Conrad Road, Carlisle, PA 17015 The defendant was not found at 7043 Carlisle Pike, Lot 327, Carlisle, PA 17015. SHERIFF COST: $59.80 September 22, 2010 SO ANSWERS,, ; RONNY R ANDERSON, SHERIFF (c) CotW,,u u Shvd, Taleowft, Im Exhibit "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 248324 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Larry L. Foster & Kimberly K. Foster Property Address: 60 Conrad Road, Carlisle, PA 17015 Possible Mailing Address: (Kimberly K. Foster) 7043 Carlisle Pike, Lot 327, Carlisle, PA 17015 I, being duly sworn according to law, do hereby depose and state as follows, an investigation into the whereabouts of the above-noted individual(s) was conducted and the following has been discovered: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Larry L. Foster - xxx-xx-9820 Kimberly K. Foster - xxx-xx-2084 B. EMPLOYMENT SEARCH Larry L. Foster & Kimberly K. Foster - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Larry L. Foster reside(s) at: 60 Conrad Road, Carlisle, PA 17015 & Kimberly K. Foster reside(s) at: 7043 Carlisle Pike, Carlisle, PA 17015. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Larry L. Foster & Kimberly K. Foster. B. On 08-18-10 our office made a telephone call to a possible phone number of the subject(s) (717) 258-1919 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 08-18-10 our office made a phone call in an attempt to contact Stevie E. Rowe Sr. (717) 243- 9844,57 Conrad Road, Carlisle, PA 17015: disconnected. On 08-18-10 our office made a phone call in an attempt to contact Barbara J. Shultz (717) 243- 8979,59 Conrad Road, Carlisle, PA 17015: spoke with an unidentified female who could not confirm that the subjects reside(s) at 60 Conrad Road, Carlisle, PA 17015. On 08-18-10 our office made a phone call in an attempt to contact Sharon K. Goodling (717) 249-0598, 67 Conrad Road, Carlisle, PA 17015: spoke with an unidentified female who could not confirm that the subjects reside(s) at 60 Conrad Road, Carlisle, PA 17015. On 08-18-10 our office made several phone calls in an attempt to contact Don Baker (717) 766- 9763, 7046 Carlisle Pike, Carlisle, PA 17015: answering machine. On 08-18-10 our office made a phone call in an attempt to contact Justin Bethea (717) 766-0742, 7048 Carlisle Pike, Carlisle, PA 17015: spoke with an unidentified female who could not confirm that the subjects reside(s) at 7043 Carlisle Pike, Lot 327, Carlisle, PA 17015. On 08-18-10 our office made a phone call in an attempt to contact Tom Stenehjem (717) 245- 3280, 7043 Carlisle Pike, Lot 319, Carlisle, PA 17015: disconnected. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 08-18-10 we reviewed the National Address database and found the following information: Larry L. Foster - 60 Conrad Road, Carlisle, PA 17013 & Kimberly K. Foster - 7043 Carlisle Pike, Lot 327, Carlisle, PA 17015. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Kimberly K. Foster) 7043 Carlisle Pike, Lot 327, Carlisle, PA 17015. V. OTHER INQUIRIES A. DEATH RECORDS As of 08-18-10 Vital Records and all public databases have no death record on file for Larry L. Foster & Kimberly K. Foster. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Larry L. Foster -11-01-1964 Kimberly K. Foster - 06-01-1962 B. A.K.A. Larry K. Foster; Larry F. Larry; Larry Lee Foster Kimberly Kay Glenn; Kimberly Kay Foster; Kimberly L. Foster; Kimberly K. Boyer * 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 lge, information and belief and that this affidavit of investigation is made subject to the s ofi18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. AFFIANT ?t t Sworn to and subscribed bef?rtf \e?this -L day of ( - 2c)(, O The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND ENID ESTUDA NDTAI f MXMt AW 001066 tUpbulawl Exhibit "C" PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail Jason.seidman@fedphe.com Jason Seidman, Ext. 1394 Service Department Representing Lenders in Pennsylvania and New Jersey November 4, 2010 Kimberly K Foster 60 Conrad Road Carlisle, PA 17015 RE: The Bank Of New York Mellon FIKIA The Bank Of New York As Successor To JPMorgan Chase Bank N.A., As Trustee For The Benefit Of The Certificateholders Of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2005-2 vs. Larry L. Foster and Kimberly K Foster Premises Address: 60 Conrad Road, Carlisle, PA 17015 Cumberland County, No. 10-5693 Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by November 12, 2010. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Vgfy truly Fop'PlXlan Halyp&n & Schmieg, LLP PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail Jason.seidman@fedphe.com Jason Seidman, Ext. 1394 Service Department November 4, 2010 Kimberly K Foster 7043 Carlisle Pike, Lot 327 Carlisle, PA 17015 Representing Lenders in Pennsylvania and New Jersey RE: The Bank Of New York Mellon FIK/A The Bank Of New York As Successor To JPMorgan Chase Bank N.A., As Trustee For The Benefit Of The Certificateholders Of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2005-2 vs. Larry L. Foster and Kimberly K Foster Premises Address: 60 Conrad Road, Carlisle, PA 17015 Cumberland County, No. 10-5693 Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by November 12, 2010. Should you have any further questions or concerns, please do not hesitate to contact otherwise, please be guided accordingly. V, truly or Pb fnal For P an Hallinan iee. LLP ? O F N ?• ? O M NI rl OI bl OOI al 01 NI AI WI NI r 9F 9F ;v a ?, z r o C ? i a°oQyC????. ? N M N G ,? ? x_84 N ?. a V' H g1p2 P12 a N LA a? n K kk? ry 1? ? b Vey ti " W ? ? Cn ¢ at n o o A.? w ° r ¢. (9 CD Q n w 4 N N w Q r w cc N .3 b n O ? ch .b r J O s Po _ 02 1M $ 02.520 _ 0004277258 NOV04 2010 MAILED FROM ZiPGODE 1910 3 I 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 unworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: November 16, 2010 By: 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff The Bank Of New York Mellon F/K/A The Bank Of New York As Successor To JPMorgan Chase Bank, N.A., As Trustee For The Benefit Of The Certificateholders Of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2005-2 Court of Common Pleas Civil Division VS. Cumberland County No. 10-5693 Civil Term Larry L. Foster Kimberly K. Foster 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. Kimberly K. Foster: 60 Conrad Road Carlisle, PA 17015 7043 Carlisle Pike, Lot 327 Carlisle, PA 17015 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, PHELAN HALLINAN & SCHMIEG, LLP Date: November 16, 2010 By. L ence 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' Andrew C. Bramblett, Esq., Id No. 208375 Cc: Larry L. Foster I 2 Nov 18 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA The Bank Of New York Mellon C-) F/K/A The Bank Of New York As c -D Z -° -n - Successor To JPMorgan Chase Z ca o i m Bank, N.A., As Trustee For The N -? -Dr- Benefit Of The Certificateholders o c Of Popular ABS, Inc. Mortgage !-o z Pass-Through Certificates Series C a _ -ri `-' 2005-2 c W o Civil Division VS. No. 10-5693 Civil Term - Larry L. Foster Kimberly K. Foster ORDER aAL AND NOW, this U day of wbst *?6tc , 2010, 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, Kimberly K. Foster, by: 1. Posting of the premises: 60 Conrad Road, Carlisle, PA 17015 by the Sheriff or a non-party competent adult; 2. First class mail to Kimberly K. Foster at the last known address, 7043 Carlisle Pike, Lot 327, Carlisle, PA 17015, and the mortgaged premises located at 60 Conrad Road, Carlisle, PA 17015; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. Cc: 1-I. L. Foster and Kimberly K. Foster 60 Conrad Road Carlisle, PA 17015 ,/Kimberly K. Foster 7043 Carlisle Pike, Lot 327 Carlisle, PA 17015 PHS# 248324 / KRH , OT ryllaj ISL BY THE COURT: 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 FILED-OFFICE "T THE PROTHOa OTAR ' c""010 DEC 10 AM 10= 32 CUMBERLAND COUNTY PENNSYLVANIA 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 L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE : BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2 Plaintiff vs. LARRY L. FOSTER KIMBERLY K. FOSTER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : No. 10-5693-CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE OD - I . r TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAA& SCHMIEG, LLP ?% x By: y [I Lawrence T. e n, q., Id. No. 32227 ? Francis S. Hallin ., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? dith T. Romano, Esq., Id. No. 58745 dSheetal 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 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff Date: December 9, 2010 /krh, Svc Dept. File# 248324 9 FILED-OFFICE THE I' QTHOIN fpw, i01QDEC 17 AM 11: 09 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 CUMBERLAND COUNTY Francis S. Hallinan, Esq., Id. No. 62695 PENNSYLVANIA 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 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS COURT OF COMMON PLEAS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CIVIL DIVISION CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2 CUMBERLAND COUNTY Plaintiff NO. 10-5693-CIVIL TERM vs. LARRY L. FOSTER KIMBERLY K. FOSTER Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER f I hereby certify that a true and correct copy of the Civil Action Colaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the fallowing persons LARRY L. FOSTER and KIMBERLY K. FOSTER at, 60 CONRAD ROAD, CARLISLE, PA 17015-8854on DECEMBER 16, 2010 in accordance with the Order of Court dated NOVEMBER 18, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By. La e an, Esq., Id. No. 322f7 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., [d. 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 Attorneys for Plaintiff 3 Ol S7 1 Date: December 16, 2010 Pile #:248324 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 I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq. Id No. 309519 William E. Miller, Esquire Attorney I.D. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2 vs. LARRY L. FOSTER KIMBERLY K. FOSTER ATTORNEYS FOR PLAINTIFF : Court Of Common Pleas : Civil Division : CUMBERLAND County No. 10-5693 CIVIL TERM 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 NOVEMBER 18, 2010 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(6)(1) in CUMBERLAND LAW JOURNAL on DECEMBER 24, 2010 and THE SENTINEL on _DECEMBER 21, 2010. 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 unworn falsification to authorities. PHELAN FYQ1^A? SCHMIEG, LLP By: Phelan Hallin chmieg, 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. 20233 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 Allison F. Wells, Esquire, Attorney I.D. No. 309519 William E. Miller, Esquire, Attorney I.D. 308951 Attorneys for Plaintiff Date: February 1, 2011 PHS# 248324 Y Phelan Hallinan & Schmieg, LLP FILED-OFFICE Lawrence T. Phelan, Esq., Id. No. 32227 U THE PROTHONOTARY Francis S. Hallinan, Esq., Id. No. 62695 Z?1 i ? 2 ?? j0? 17 Daniel G. Schmieg, Esq., Id. No. 62205 , Michele M. Bradford, Esq., Id. No. 69849 CUMBERLAND COUNTY Judith T. Romano, Esq., Id. No. 58745 PENNSYLVANIA VANIA 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A COURT OF COMMON PLEAS THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE CIVIL DIVISION BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS CUMBERLAND COUNTY OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2 Plaintiff vs. LARRY L. FOSTER No. 10-5693-CIVIL TERM KIMBERLY K. FOSTER Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE 0M f ?? ?d Q OkAlo9s (tea&og?_7Y TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALL A SCHMIEG, LLP By: ? Lawrence T. Ph sq., 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 [ZSheetal 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff Date: June 13, 2011 /npe, Svc Dept. File# 248324 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Allison F. Wells, Esq., Id. No.309519 `= i jD- O F r I C E 1617 JFK Boulevard, Suite 1400 . = T ,$r- , ROTHONO?TAR `? One Penn Center Plaza Philadelphia, PA 19103 N11 Al" a °'' Ifl' 215-563-7000 CUM?3ER SYLVAN ATY THE BANK OF NEW YORK MELLON > A CUMBERLAND COUNTY THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2 : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-5693-CIVIL TERM VS. LARRY L. FOSTER KIMBERLY K. FOSTER PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LARRY L. FOSTER, and KIMBERLY K. FOSTER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $1389398.55 Interest - 09/02/2010 to 08/03/2011 $7,123.20 TOTAL $145,521.75 I hereby certify that (1) the Defendants' last known addresses are 7043 CARLISLE PIKE LOT 327, CARLISLE, PA 17015, and 60 CONRAD ROAD, CARLISLE, PA 17015-8854, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1.` _-- Date Allison F. Wells, Esq., Id. No.3 Attorney for lTamfirf? Q? DAMAGES ARE HEREBY ASSESSED AS INDICATED. Cr-{I`110g373 ?,? abaBas DATE: cJ. ` V?,bhU (Voi kA' w PHS # 248324 OTHONOTARY 248324 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2 VS. LARRY L. FOSTER KIMBERLY K. FOSTER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-5693-CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LARRY L. FOSTER is over 18 years of age and resides at 60 CONRAD RD, CARLISLE, PA 17015-8854. (c) that defendant KIMBERLY K. FOSTER is over 18 years of age and resides at 7043 CARLISLE PIKE LOT 327, CARLISLE, PA 17015 and 60 CONRAD ROAD, CARLISLE, PA 17015-8854. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 01LI j ( 09519 Attorney for Plaintiff 248324 (Rule of Civil Procedure No. 236) - Revised THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2005-2 VS. LARRY L. FOSTER KIMBERLY K. FOSTER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-5693-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on ?Ir By: w If you have any questions concerning this matter please contact: Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2 V. Plaintiff COURT OF COMMON PLEAS CIVIL DWISON NO. 10-5693-CIVIL TERM CUMBERLAND COUNTY LARRY L. FOSTER KIMBERLY K. FOSTER Defendant(s) TO: LARRY L. FOSTER 60 CONRAD ROAD CARLISLE, PA 17015-8854 DATE. OF NOTICE: July 20, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A W[UTTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDG'MEN'T MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU.MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. PHS # 248324 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: 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 Jenne 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 3089511 Melissa J. Scheiner, Esq., Id. No. 30 1; 2 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 248324 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2 V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-5693-CIVIL TERM CUMBERLAND COUNTY LARRY L. FOSTER KIMBERLY K. FOSTER Defendant(s) TO: KIMBERLY K. FOSTER 7043 CARLISLE PIKE LOT 327 CARLISLE, PA 17015 DATE OF NOTICE: July 20, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. PHS # 248324 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By. C 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 Jenne 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esc., Id. No. 308951 Melissa J. Schemer, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 248324 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2 v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-5693-CIVIL TERM CUMBERLAND COUNTY LARRY L. FOSTER KINMERLY K. FOSTER Defendant(s) TO: KIMBERLY K. FOSTER 60 CONRAD ROAD CARLISLE, PA 17015-8854 DATE OF NOTICE: July 20, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. PHS # 248324 Office of the Prothonotary Cumberland County Courthouse i Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 30891, Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 248324