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HomeMy WebLinkAbout11-8346PHELAN HALLINAN & SCHMIEG, LLP Joseph P. Schalk, Esq., Id. No.91656 • 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 280884 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM V. NO. 83 y ?p 01 V t I KELLY L. GARRETT 709 CEDAR RIDGE LANE CUMBERLAND COUNTY MECHANICSBURG, PA 17055-5453 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE '?+n r-Th .r?°.. Q C .- i C-D File #: 280884 C-S) apt '% aa olc4 II'?(l 9>> 'kv a191ogoB 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 #: 280884 Plaintiff is NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 2. The name(s) and last known address(es) of the Defendant(s) are: KELLY L. GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-5453 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/20/2006 KELLY L. GARRETT made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1970, Page 682. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2011 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. 6. The following amounts are due on the mortgage as of 08/29/2011: Principal Balance $125,747.71 Interest $3,002.34 03/01/2011 through 08/29/2011 Late Charges $449.80 Escrow Deficit $5,157.75 TOTAL $134,357.60 File #: 280884 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants on the date(s) set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $134,357.60, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. File #: 280884 PHELAN HALLiNAN & SCHMIEG, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brilhart, Surveying and Mapping Services, last revised on January 13, 1978, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 32, Page 73, as follows, to wit: BEGINNING at the intersection of the northerly right-of-way line of Cedar Ridge Lane, a private street (50 feet wide) and the westerly boundary line of lands, now or formerly of Florence and John Manning; thence North twenty-five degrees West, along said boundary line, a distance of 85.63 feet to a point at Common Open Space; thence South fifty-eight degrees four minutes West, along Common Open Space, a distance of 61.30 feet to a point on the dividing line between Lot Nos. A-4 and A-5; thence South thirty-one degrees fifty-six minutes East, along said dividing line, a distance of 85 feet to a point on the northerly right-of-way line of Cedar Ridge Lane; thence along said northerly right-of-way line, North fifty-eight degrees four minutes East, a distance of 50.96 feet to the point and place of BEGINNING. CONTAINING four thousand seven hundred seventy-one square feet (4,771 square feet). BEING Lot A-5 on the said Final Subdivision Plan. UNDER AND SUBJECT to a Declaration of Covenants and Easements dated April 4, 1974, recorded in Miscellaneous Book 234, Page 835, Cumberland County Recorder of Deeds Office. File #: 280884 UNDER AND SUBJECT, also, to the easements, restrictions, reservations, and conditions shown on the aforesaid Final Subdivision Plan and otherwise of record. PROPERTY ADDRESS: 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055- 5453 PARCEL # 42-24-0792-001E File #: 280884 VERIFICATION Cynthia M Diethrick , hereby states that he/she is Acquisition Coordinator of NORTHWEST SAVINGS BANK, servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 7 N e Cynthia M Diethrick DATE: 10/19/2011 Title: Acquisition Coordinator Servicer:.NORTHWEST SAVINGS BANK File #: 280884 Name: GARRETT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson T ',;C" H0 0T { E' Sheriff ,?y?l1q 7? u?t?h?Ffl*? Jody S Smith 1, I GEC 16 0110: C93 Chief Deputy Richard W Stewart P: I. MBERLAND COUNTY Solicitor OFF L T. , -- RIFF PEN!' I'LVANIA Northwest Savings Bank vs. Kelly L Garrett Case Number 2011-8346 SHERIFF'S RETURN OF SERVICE 11/08/2011 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: Kelly L. Garrett, 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 Kelly L. Garrett. Request for service at 5211 E. Trindle Road, Mechanicsburg, Pennsylvania 17050 is apartments, and an apartment number would be needed to atttempt service upon the Defendant. 12/14/2011 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: Kelly L. Garrett, 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 Kelly L. Garrett. Request for service at 709 Cedar Ridge, Mechanicsburg, Pennsylvania 17055 is vacant. SHERIFF COST: $74.00 December 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (C COLIMYSIA0 Shcnff, ieieosoft, Inc, FILED-OFFICE O THE PROTHONOTARY 2012 JAN -6 AN 10: 36 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 Jay B. Jones, Esq., Id. No. 86657 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. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NORTHWEST SAVINGS BANK Plaintiff CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION VS. KELLY L. GARRETT Defendants CUMBERLAND COUNTY : No. 11-8346-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE C ?,. ? 11 ? 3Y7a a? ?# ale gySl TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN UALLINAN & SCHMIEG, LLP By: C ? La 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 ? Jay B. Jones, Esq., Id. No. 86657 ? 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. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew Marley, Esq., Id. No. 312314 ? >,obert W. Cusick, Esq., Id. No. 80193 'John M. Kolesnik, Esq., Id. No. 308877 Attorneys for Plaintiff Date: Jpg 3, 2012 /clo, Svc Dept. File# 280884 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICEOF7. ci-ERIFF [ cc?t^t? r 3`L FL- 10 P? 12? 22 CtSMBE NSYLO ANUA TY PAS Northwest Savings Bank vs. Kelly L Garrett Case Number 2011-8346 SHERIFF'S RETURN OF SERVICE 02/08/2012 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: Kelly L. Garrett, 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 Kelly L. Garrett. Request for service at 485 Nursery Drive North, Unit 8, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for the Defendant. SHERIFF COST: $43.00 February 08, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sherff, Teimsoft_ Inr._ 2012 MAR 22 AM 10: 21 CUMBERLAND COUNT' PENNSYLVANIA 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NORTHWEST SAVINGS BANK Plaintiff VS. KELLY L. GARRETT Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY : No. 11-8346-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE p?w? + ll.7S?d afl? Ckk# 11-?68a6 F#a?a?L/, TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN FLA-tLINAM-& SCHMIEG, LLP By: ? La ence T. Phelan, Esq., Id. No. 32227 ? rancis 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 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew J. Marley, Esq., Id. No. 312314 ? Robert W. Cusick, Esq., Id. No. 80193 V,foln M. Kolesnik, Esq., Id. No. 308877 Attorneys for Plaintiff Date: March 5, 2012 kpl, Svc Dept. File# 280884 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Northwest Savings Bank vs. Kelly L Garrett trek 015, Off: 1 ?'F, - - SHERIFF'S RETURN OF SERVICE 0 T14 ??xtLR 2a• 45 CUI'IDEr2LAND COUNTY PENNSYLVANIA Case Number 2011-8346 04/18/2012 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: Kelly L. Garrett, 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 Kelly L. Garrett. Request for service at 5211 E. Trindle Road, Apartment 5, Mechanicsburg, Pennsylvania 17050 the Defendant was not found. Deputies were advised, Kelly L. Garrett moved from this address one year ago. However, The Mechanicsburg Postmaster is still delivering her mail to this address. SHERIFF COST: $43.00 April 18, 2012 SO ANSWERS, RbNK'Y R ANDERSON, SHERIFF Phelan Hallinan & Schmieg, LLIf F T t tHatO lA t`t 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza [ 2 M? - g? 24 Philadelphia, PA 19103 CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA NORTHWEST SAVINGS BANK Plaintiff VS. KELLY L. GARRETT Defendant Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 11-8346-CIVII, MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable for an Order directing service of the Complaint upon the above-captioned Defendant, KELLY?L. GARRETT, by first class mail to KELLY L. GARRETT at the mortgaged premises, CEDAR RIDGE LANE, MECHANICSBURG, PA 17055; posting of the mortgaged 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055; and publication pursuant to R.C.P. 430, and in support thereof avers the following: 1. Attempts to serve Defendant, KELLY L. GARRETT, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. As indicated by the Return of Service, no service was made as said property is vacant. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "A". 7 280 2. The Sheriff of Cumberland County attempted to serve the Defendant at 5211 EAST TRINDLE RAOD, APT 5, MECHANICSBURG, PA 17050. As indicated by the Return of Service, no service was made as the Defendant does not reside at said address. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as «B" The Sheriff of Cumberland County attempted to serve the Defendant at 485 NURSERY DRIVE N, UNIT 8, MECHANICSBURG, PA 17055. As indicated by the Return Service, no service was made as the Defendant does not reside at said address. A true and copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "C". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto, made hereof, and marked as Exhibit "D". Plaintiff contacted the Prothontary's Office and as of July 6, 2012, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on July 6, 2012 aj requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's July 6, 2012 letter and postmarked certificate mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibi "E". 7. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of July 6, 2012 to bring loan current. 2808 8. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and publication. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 7 By. Attorney for Plaintiff Melissa J. Cantwell, Esq. ID 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NORTHWEST SAVINGS BANK Plaintiff Attorney for Plaintiff Court of Common Pleas Civil Division vs. : CUMBERLAND County KELLY L. GARRETT Defendant No. 11-8346-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT 1. FACTUAL BACKGROUND Attempts to serve Defendant, KELLY L. GARRETT, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055, at 5211 i EAST TRINDLE RAOD, APT 5, MECHANICSBURG, PA 17050, and at 485 NURSERY DRIVE N, UNIT 8, MECHANICSBURG, PA 17055. As indicated by the Returns of Service, ?I no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence settin? forth the specific inquiries as to the Defendant's whereabouts and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defenda? as of July 6, 2012 to bring loan current:. Consequently, Plaintiff submits that it has made a goo faith effort to locate the Defendant but has been unable to do so. 2 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." veer 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. Se id. In the instant case, as indicated by the Returns of Service, the Sheriff has been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of t e Defendant as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mil, posting, and publication. 28081 III. CONCLUSION As indicated by the Returns 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 Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, publication. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: Attorney for Plaintiff Melissa J. CantvNcll, Esq. ID 308912 2808 Exhibit "A" ;Zgogglt F20nrty R Anderson SHERIFF'S OFFICE OF CUMBERLAND COUNTY Slrnrrf' Jody S Smith ts+t? G' catollr,.? ? civef oapuiv Richard W Stewart ?r?tar~+itnr w0rrnwest Savings Bank vs. Kelly L Garrett Case Number 2011-8346 SHERIFF'S RETURN OF SERVICE 11/08/2011 Ronny R. Anderson, Sheriff, who being duly swom according to law. states that he made a di#gent search and Inquiry for the within named defendant to Wit: Kelly L. Garrett, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage defendant Kelly L. Garrett. Request for service at 5211 E Trindle Road, Mechanicsburg, Pennsylvania 17050 is apartments, and an apartment number would be needed foreclosure as not found as to the 12x14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according law. to atttempt service upon the aefendaht. and inquiry for the within named defendant to wit: Kelly L. Garrett, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage to stales that he made a diligent search defendant Kelly L. Garrett. Request for service at 709 Cedar Ridge, echani sburg, Puennsylvania 17 055 is vacant. SHERIFF COST: $74.00 December 14, 2011 SO ANSWERS, 4RORFANOERSON. SHERIFF Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?oaµtr of ?gigbrr/rrgb Tfi?iaTG,4Crf ' APR 20 AN a; 4 pcror,E 4i tr.H ;HFri-F CUMBERLAND COUN y PENNSY Northwest Savings Bank vs Case Number Kelly L Garrett 2011 8346 SHERIFF'S RETURN OF SERVICE 04118/2012 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kelly L. Garrett 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 Kelly L. Garrett. Request for service at 5211 E. Trindle Road, Apartment 5, Mechanicsburg, Pennsylvania 17050 the Defendant was not found. Deputies were advised, Kelly L. Garrett moved from this address one year ago. However, The Mechanicsburg Postmaster is still delivering her mail to this address. SHERIFF COST: $43.00 April 18, 2012 SO ANSWERS, /j RON R ANDERSON, SHERIFF Exhibit "C" ;2, so8 9 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny Anderson Sheriff Jody S Smith Chief putt' Richard W Stewart ?? µp ci CU"144 r QRfFt? C15'r'k}$li?lklFR North est Savings Bank Case Number vs 2011-8346 Kelly Garrett SHERIFF'S RETURN OF SERVICE 2 Ronny R. Anderson, Sheriff, who being duty sworn according to low, states that he made a diligent search and inquiry for the within mined defendant to wk: K* L. 0arrett, but was unable to locate her In his bailiwick. He therefore returns the within Complaint in Mortgage f=oreclosure as not found as to the defendant Kelly L. Garrett. Request for service at 485 Nursery Drive North, Unit 8, Mechanicsburg, Pennsylvania 17055 the Defendantwas not found. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for the Defendant. COST: $43.00 SO ANSWERS, x0lao"Z-1 08, 2012 R4 R ANDERSON, SHERIFF lo) C*AtySulte SWIL Teleow*, Inc Exhibit "D" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 280884 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Kelly L. Garrett Property Address: 709 Cedar Ridge Lane, Mechanicsburg, PA 17055 I, CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Kelly L. Garrett - xxx-xx-5630 B. EMPLOYMENT SEARCH Kelly L. Garrett - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated tltat Kelly L. Garrett reside(s) at: 709 Cedar Ridge Lane, Mechanicsburg., PA 17055. 11. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Kelly L. Garrett, however did provide a listing for Kathleen G. Garrett at: 709 Cedar Ridge Lane, Mechanicsburg, PA 17055. On 04-27-12 our office made several telephone calls to the phone number (717) 458.5083 and received the following information: answering machine. B. On 04-27-12 our office searched directory assistance databases, which had no phone number for Kelly L. Garrett. III. INQUIRY OF NEIGHBORS On 04-27-12 our office made several phone calls in an attempt to contact Susan M. Kerr (717) 691-9458,707 Cedar Ridge Lane, Mechanicsburg, PA 17055: answering machine. On 04-27-12 our office made a phone call in an attempt to contact Shirley R Williams (717) 691-8269,706 Cedar Ridge Lane, Mechanicsburg,.PA 77055: spoke with an unidentified female who could not confirm that the subject reside(s) at 709 Cedar Ridge Lane, Mechanicsburg, PA 17055. On 04-27-1.2 our office made several phone calls in an attempt to contact Stephen G. Eddy (717) 697-2549, 705 Cedar Ridge Lane, Mechanicsburg, PA 17055: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 04-27-12 we reviewed the National Address database and found the following information: Kelly L. Garrett - 709 Cedar Ridge Lane, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 04-27-12 Vital Records and all public databases have no death record on file for Kelly L. Garrett. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Kelly L. Garrett -1979 B. A.K.A. Kelly J. Garrett, Kelly Lauren Garrett * 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 hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. Exhibit "B" Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 Kathleen Lake, Ext 1316 Representing Lenders in Service Department Pennsylvania and New Jersey May 29, 2012 KELLY L. GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 RE: NORTHWEST SAVINGS BANK v. KELLY L. GARRETT Premises Address: 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-5453 CUMBERLAND County, No. 11-8346-CIVIL 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, service of the complaint by first class mail and posting of the mortgaged premises. Please respond to me within one week, by Juo_4, 2012. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly, .......... Very truly yours, Attorney for Plaintiff 280884 Q a d ? o n 1 v z ? u ? a lt .O v Q a Z o .__ N IM let' Itn Ito Ic,- loo u m u o ?0. a u ew ? o W ?o 0 z? U G is Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NORTHWEST SAVINGS BANK Plaintiff Attorney for Plaintiff Court of Common Pleas Civil Division vs. CUMBERLAND County KELLY L. GARRETT Defendant No 11-8346-CIVIL CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the Motion for Service Pursuant to Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent the individual as indicated below by first class mail, postage prepaid, on the date listed below. KELLY L. GARRETT at: 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 The undersigned understands that this statement is made subject to the penalties of 18 C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: By? Attorney for Plaintiff Melissa J. Cantwell, Esq. ID 308912 2808 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK Plaintiff vs. KELLY L. GARRETT Defendant Court of Common Pleas n c g co Civil Division m r-` CUMBERLAND County <X:' : t No 11-8346-CIVIL it-, C) ORDER AND NOW, this //,Yt, day of ?11 , 2012, 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. r rV c,.p N It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant, KELLY L. GARRETT, by: 1. Posting of the premises: 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055 by the Sheriff or a non-party competent adult; and 2. First class mail to KELLY L. GARRETT at the mortgaged premises located at 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. 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 ensure compliance with this Court Order. THE COURT: ?,?r I'a" , J. pbeloll, MECHANICSBURG, PA 17055-5453 Cc:KELLY L. GARRETT Lle, 709 CEDAR RIDGE LANE PHS# 280884/KPL 0'eio Iv`? 1I 5 c? rn {'Ty `r7 PHELAN HALLINAN &SCHMIEG, LLP John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NORTHWEST SAVINGS BANK Plaintiff vs. KELLY L. GARRETT Defendants ~0 f 2 SEP - S AM I~~ ~ 0 ~UM~ERLA~ID CQI~N1'1' ~l*rsv~.v~r~rA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 11-8346-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. & SCHMIEG, LLP By: ~ v Jo . Kolesnik, Esq., Id. No. 308877 orney for Plaintiff Date: August 29, 2012 jhk/kpl, Svc Dept. File# 280884 V Q~~ s II.~S~ a Ck.~+ iaa~ ass ~~ agoaiq ,. .._ t, ~~ J~ ~ i .J k ~'~ ~l~"~ i 1 ~ PHELAN HALLINAN & SCHMIEG,.,)':~~)~y--'~ 1 j ~,~j ~i~: "e ~' Jonathan Lobb, Esq., Id. No.312174 161.7 JFK Boulevard, Suite 1400 ~' ~; t t~'T r~i~~ ~~'~~~~ '~ One Penn Center Plaza ~- ~ ~'t " Philadelphia, PA 19103 215-563-7000 NORTHWEST SAVINGS BANK vs. KELLY L. GARRETT Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No 11-8346-CIVIL 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 KELLY L. GARRETT, Defendant 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 TOTAL $134,357.60 $134,357.60 I hereby certify that (1) the Defendant's last known address is 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-5453, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date __ ~~ ~7,T-~- than Lobb, Esquire ttorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE ~~} s~V 50~ G~ e ~.~ ~ ayes DATE: JI I i,~J]~ No~c,¢ ~G~~.~ ~ ~ ~ PHS # 280884 PROTHONOTARY 280884 PHELAN HALLINAN & SCHMIEG, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 21.5-563-7000 NORTHWEST SAVINGS BANK vs. KELLY L. GARRETT Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CNIL DIVISION No 11-8346-CIVIL 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 is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant KELLY L. GARRETT is over 18 years of age and resides at 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-5453. This statement is made subject to the penalties of l 8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ~~ J than Lobb, Esquire ttorney for Plaintiff 280884 (Rule of Civil Procedure No. 236) -Revised NORTHWEST SAVINGS BANK CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS CIVIL DIVISION KELLY L. GARRETT No. 11-8346-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 1 $ ~_. ,w•~'u ..~..~ ...I w ~,~wr '~WF~ ' By' --_--- If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Jonathan Lobb, Esquire 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 HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY F,NFORCEMENT OF A LIEN AGAINST PROPERTY** 280884 NORTHWEST SAVINGS BANK Plaintiff v. KELLY L. GARRETT Defendant(s) TO: KELLY L.. GARRETT 709 CEDAR RIDGE LANE MECHANICSBUjRG, PA 17055-5453 DATE OF NOTICE: ~,~ ~,(~ COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-8346-CIVIL CUMBERLAND COUNTY 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, AI\'D ANY INFORMATION OBTAINED FROM YOU WILI. BF, USED FOR THAT PLRPOSE. IF YOU HAVE PREVIOUSLY RECF.,IVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT A1VD SHOLA.,D 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 BI' ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOI1 ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERF,D AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPF.,R TO YOUR LAWYER A'I' ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TI-IIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT I-TIRING A LAWYER. IF YOU CANNOT AFI'ORD 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 IUl~redth Wooters, Esq., Id. No.307207 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS tr 280884 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NORTHWEST SAVINGS BANK Court of Common Pleas Plaintiff Civil Division ' V. CUMBERLAND County KELLY L. GARRETT No.: 11-8346-CIVIL Defendant RULE AND NOW,this day of 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. CZ '�� <C=3 C1I QCD D) -0 -;--v. C3 TIC r pC'7 "L 280884 Z-achary Jones,Esq.,Id.No.310721. Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (21.5)563-7000 FAX: (21.5)563-3459 '/KELLY L. GARRETT ----�LLY L. GARRETT 709 CEDAR RIDGE LANE 5211 EAST TRINDLE ROAD MECHANICSBURG, PA 17055-5453 APT 5 MECHANICSBURG, PA 17050-3575 /KELLY L. GARRETT 485 NURSERY DR N UNIT 8 MECHANICSBURG,PA 17055-7017 L// 43 280884 280884 I=I LED-OFF ICC" OF THE PROTHONOTARY . 2013 APR 23 AM 10: 09 Phelan Hallinan, LLP CUMBERLAND COONTY Allison F. Zuckerman, Esq., Id. IRE.BNSSy MANIA ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckennan@phelanhallinan.com 215-563-7000 NORTHWEST SAVINGS BANK Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County KELLY L. GARRETT No.: 11-8346-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 15, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. KELLY L. GARRETT KELLY L. GARRETT 709 CEDAR RIDGE LANE 5211 EAST TRINDLE ROAD MECHANICSBURG,PA 17055-5453 APT 5 KELLY L. GARRETT MECHANICSBURG, PA 17050-3575 485 NURSERY DR N UNIT 8 MECHANICSBURG, PA 17055-7017 Phelan H ' a LLP DATE: By. Alliso . Zuckerman, Esq., Id. No.309519 Attorney for Plaintiff 280884 e: rn � w - 'M N'r- t PHELAN HALLINAN,LLP Attorney for Plaintiff --C John Michael Kolesnik,Esq.,Id.No.308877 1617 JFK.Boulevard, Suite 1400 Dn _ _ r� One Penn Center.Plaza Philadelphia,PA 19103 5;c— -a�.i. 215-563-7000 -< ca IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NORTHWEST SAVINGS BANK CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION KELLY L.GARRETT I Defendant(s) No.: 11-8346-CIVIL AFFIDAVIT OF SERVICE-PURSUANT TO.RULE 3129.2 i COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa.R.C.P.3129.2(a)Notice of Sale'has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the CertificateI of Mailing(Form 3817)and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached h it"A". i Jo' Michael Kolesnik,Esq.,Id.No.308877 ! ttorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction.of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed-in the event that a representative of the plaintiff is not present at the sale. I • l I PHS#280884 1 i •�Y ��,r�t t V Name and Phelan Nallinan,LLP Address 16171FK Boulevard,Suite 1400 Of Sender One Penn Center Plara Phila9el hia.PA 19103 AZKlCNM-06/05/2013 SALE Line Article Plumber Name of Addresse Streel,and Post Office Address Posts a 1 **** TENANT)OCCUPANT $0.44 709 CEDAR RIDGE LANE MEC:HANICSBURG PA 170;'55.54'53 x 2 *"** Asset Acceptance LLC $0.44 $N 120 North Keyser Avenue p Chase Pier 1 Scranton PA 18504 c c°a 3 '*" Asset Acceptance LLC CIO Michael F.Ratchford,ESQUIRE 50.44 ,n N4 v t20 N KEYSER AVENUE tp 1 , SCRANTON PA 18504 4 •*** ASSET ACCEPTANCE,LLC $0.44 28405 VAN DYKE AVENUE ' e 00 WARREN,MI 48093 5 "'" — CAVALRY PORTFOLIO SERVICES $0.44 P.O.ROX 27288 TEMPS AZ 85282 6 '*** Cavalry Portfolio Servitcs LLC „ 50.44 7 Skyline Drivt Hawthorne,14Y 10532 7 `**" CEDAR RIDGE HOMEOWNERS'ASSOCIATION $0.44 4950 WILSON LANE MECHANICSBURG PA 17055 8 `"*• Discover Sank $0.44 6500 New Albany Road New Albany,OR 33054 9 "* Discover Bank CIO Joints C.Warinbrodt,ESQUIRE 50.44 t 435 SEVENTH AVENUE STE 1400 ° PITTSBURGH,PA 15219 I 10 +{** Upper Allen Township 50.44 100 GETTYSBURG PIKE MECHANICSB'L'RG PA 17055-5604 i eu +s wsn> mxi ;Iso[, MMIN $4.40 Total Nunbu of ruul Number sf Puts Portmiaor;Per{t+hmr of T*fin*ct"M sf villae is t lill"don an dwirri r snd irmi tillaal trrWered rail ?1t ntunnn endtnnityv", We ffetestixtedbySeadtr Recdwda;PwORee RetdMgEmployea) fa the iremilnHionof.*mwgtiaNc4oramemwda EximnMA4w=mirewnstocuoninavraaeb450,000to pica wDxet:a i liml of 55W,fp0 pet otrantaee.I he MWnao teMnnniq Payable a 6xp"MWI moteh"se a$500. The runes indumiry psysbte.iaS2",40)fa rtair4aedmsit,sari wirb apiaert iuunnee.:ae naststs htsik Msawl Rio4 S9f$sr4 Silt fa fimtxirttrnf t Form 3877 Facsimile r ;f+ Name and Phelan Hallinan.LLP Address 1617 JFK Boulevard,Suite 1400 t �•1 Of Sender One Penn Center PlazaI Phi`Iadel _hia=PA 19103 AZK/GNM-0610512013 SALE Line Article Number_ Name of Addressee,Street and Post Office Address I Postage. 1 **** Upper Allen Township C/O John Stephen Feinour,ESQUIRE 50.44 2001V 3RD STREET, PO BOX 840 r O �" .c ,��.. HARRISBURG PAT7108 2 '** Domestic Relations of S0.44 a 4= Cumberland County 13 North Hanover Street Car-li*(.PA 17013 M �. . IL� 3 * *k Commonwealth of Pennsylvania - $0.44 0 w m Department of Welfare P.O.Box 2675 c ,r w 3arhl burg,PA 17105 _ .. 1000 Lib Internal Revenue Service Advisory $0.44 Liberty Avenue Room 704 : Pitts b.urgh;.PA 15222: U.S.Department of.lustice S0.44 U.S.Attorney for the Middle District of PA Federal Building 228 Walnut Street,Suite 220 ! PO Box 11754 Harrisbur ,PA 17108-1754 _._. ._ ( I12 x*** 13 14 **** RF3'�� Y�I �:A�3ilE'liP1°�{CC7MBERLAt�,l3 ..��.I',HS`#�28U884J1021�.1'a a-2of2 '�---_::..`.WcitTeaiins_;:� $2.20 Tatsi Number of -Toil l,Number of Pieces Pp trinster,Per(Name of The fill declaration.of�14ue s requited on all dumestic mid iutcmwiaiW rv-.6tvtd mail.The maximum in&nuill"pti�ble Pieces Listed by Sender Received at Post Office Receiving Employees fim'tlte:rec4astrution:4fitogneg,oab!e dostuacirs:;unrkt Fi in :mil wl cb}mrnt r arstrlci oi.insurenec i�S 0'000 pef pint sublets t-o,allmirots300'000¢u auts,cncc.TCa n n�iteum dndcmn ty paE iF lc on ExR revs tvSci!cnc cfipz i i is Si00. The nigxtratCt'e:indbnttiity'lTSyaY!c:t'>'_':�000:ut r<gist_-roc:•ai:,:s:rt�yitij oyfioxa!'in5;trtnec, Sv;,T�xinesuc?4ai! �'�anusl R900 S913 Lid.S97t for limitations ofcacdaGe, Ft OYiI'!,.3$77 Facsimile s =y J- FILED-OFFICE Phelan Hallinan, LLPE' PROTHONOTARY Jonathan Lobb,Esq., Id. No.31WIMAY 13 AM- 10' 09 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA Jonathan.Lobb@phelanhallinan.com 215-563-7000 NORTHWEST SAVINGS BANK Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County KELLY L. GARRETT No.: 11-8346-CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE NORTHWEST SAVINGS BANK, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on April 2, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 26, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto,made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Christylee L. Peck on or about April 15, 2013 directing the Defendant to show cause by May 6, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The.Rule to Show Cause was timely served upon all parties on April 22, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 5, 2013. - 280884 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: f oO k3 By: Jo than Lobb, Esq.,Id.No.312174 Attorney for Plaintiff 290884 Exhibit "A" 280884 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania and New Jersey March 26,2013 KELLY L. GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG,PA 17055-5453 RE NORTHWEST SAVINGS BANK v. KELLY L. GARRETT Premises Address: 709 CEDAR RIDGE LANE MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 11-8346-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days, by 4/1/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Ve 7 ic. ;.', q:, Id.No.310721 :tic; . Ord . 280884 Name and Phelan Hallinan,LLP N Address 16171FK Boulevard,Suite 1400 Of Sender One Penn Center Plaza �� CV e1Pv Philadelphia.PA 19103 KVM 1 Line Article Number Name of Addressee Street and Post Office Address Postage I •••` KELLYL.GARRETT 50.45 709 CEDAR RIDGE LANE ° MECHANICSBURG PA 17055-5453 l mc^ ' o 2 ++++ KELLY L.GARRETT 50.45 ,�c°a 5211 EAST TRINDLE ROAD APT 5 MECHANICSBURG PA 17050-3575 ; 3 **•* KELLY L.GARRETT $0.45 485 NURSERY DR N UNIT 8 s MECHANICSBURG PA 17055-7017 1E 1 I RE:KELLY L.GARRETT CUMBERLAND PHS#280884/1200 Page I of 1 Si.35 R� I TOW Nwnber or TOUT Number ofP;em Postmaster.Per(Nux of The full declvMion orglue it requited mall domev.xed irttrnwiftal ttptteted mil,The mt 2 (� Pkm Lined by Sender Received u Pori Ofioe ReceMnit Employee) fa the taottsttncsieu of twomptnble docnmeau wider Express Mail document rtowm Fudbn s n'r pim subject to a limit C(S500.000 per aturmw,e,The maximum uwe iiy pa l+ Our, The maximum indemnity payablt is 525,000 rat teahxered oua,aera with Optiaral,murnrec R900 5913 and 5921 for limitatiosts nCeoseta Form 3877 Facsimile i i i I i i i 280884 Exhibit "B" 280884. IN THE COURT OF COAD10N PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NORTHWEST SAVINGS BANK Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County KELLY L. GARRETT No.: 11-8346-CIVIL Defendant RULE AND NOW,this Xk- day of t- 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. E7 1v 2: r4i 7- 280884 Exhibit _ _280884 - FILED-0FRU OF THE PROTHONOTARY 2013 APR 23 AH 10: 09 Phelan Hallinan, LL13 CUM8EPLANO COUNTY Allison F. Zuckerman, Esq., lafno. X�YOIA ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Sbite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 NORTHWEST SAVINGS BANK Court of Common Pleas Plaintiff Civil Division vs: CUMBERLAND County KELLY L. GARRETT No.: 11-8346-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that atrue.and correct CODY of the CourVs April 15,2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess-Damages should not be granted was served upon the following individual on the date indicated below. KELLY L. GARRETT KELLY L. GARRETT 709 CEDAR RIDGE LANE 5211 EAST TRINDLE ROAD MECHANICSBURG, PA 17055-5453 APT 5 "' MECHANICSBURG,PA 17050-30A101J. KELLY L. GARRETT 485 NURSERY DR N UNIT 8 MECHANICSBURG, PA 17055-7017 Phelan 1*11 LLP DATE; By A], Esq.,Id.No.309519 Attorney for Plaintiff 280884 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 NORTHWEST SAVINGS BANK • Court of Common Pleas Plaintiff vs. Civil Division KELLY L. GARRETT CUMBERLAND County Defendant No.: 11-8346-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. KELLY L. GARRETT KELLY L. GARRETT 709 CEDAR RIDGE LANE 5211 EAST TRINDLE ROAD MECHANICSBURG, PA 17055-5453 APT 5 KELLY L. GARRETT MECHANICSBURG,PA 17050-3575 485 NURSERY DR N UNIT 8 MECHANICSBURG, PA 17055-7017 Phelan Hallinan, LLP DATE:_ S /b 3 By: Jo an Lobb, Esq.,Id. No.312174 Attorney for Plaintiff 280884 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NORTHWEST SAVINGS BANK Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County KELLY L. GARRETT : No.: 11-8346-CIVIL Defendant ORDER AND NOW, this day of M11 ,2013, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary'is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $125,747.71 Interest Through June 5, 2013 $13,720.58 Late Charges $449.80 Legal fees $1,875.00 Cost of Suit and Title $2,236.39 Property Preservation $117.00 Mortgage Insurance Premium/Private Mortgage Insurance $3,618.56 Mortgage Insurance Premium to be paid $192.12 Escrow Deficit $2;110.20 TOTAL $150,067.36 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. /j j'-'• ( BY THE COURT: 7 C:) � 1r.d� `_ • •� / J. 'say ME= a- cm 280884 aid PFW[lotl tl , , PHELAN HALLINAN, LLP 2613 JUN �� � Attorney for Plaintiff AM 10: 2 1617 JFK Boulevard, Suite 1400 CUMBERLAND One Penn Center Plaza �'E 'SYLY COUNTY Philadelphia, PA 19103 ANIA 215-563-7000 NORTHWEST SAVINGS BANK CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS VS. CIVIL DIVISION KELLY L. GARRETT NO. 11-8346-CIVIL Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail to KELLY L. GARRETT on JANUARY 28, 2013 in accordance with the Order of Court dated JULY 11, 2012. The property was posted on JANUARY 31, 2013. Publication was advertised in THE CUMBERLAND LAW JOURNAL on FEBRUARY 8,2013 &in THE SENTINEL on JANUARY 31, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: By: Jonath obb, Esq., Id. No.312174 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NORTHWEST SAVINGS BANK Court of Coleas Plaintiff Civil Division. VS. CUMBERLAND KELLY L.GARRETT Defendant No. 11-8346-CIV +� ' Mw ORDER I* la 40 AND NOW,this 11't day of J"04 2012 upon consideration of Plai "� 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 the above captioned Defendant, KELLY L. GARRETT. by: 1. Posting of the premises: 709 CEDAR RIDGE LANE, MECHANICSBURG,PA 17055 by the Sheriff or a non-party competent adult;and 2. First class mail to KELLY L. GARRETT at the mortgaged premises located at 709 CEDAR RIDGE LANE,MECHANICSBURG,PA 17055. 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 ensure compliance with this Court Order. BY THE COURT: Q J. Cc:KELLY L.GARRETT 709 CEDAR RIDGE DANE MECHANICSBURG,PA 17055-5453 PHS#280884/KPL Name and PHELAN HALLINAN&SCHMIEG ° Address One Penn Center at Suburban,Suite 1400 $ N of Sender Philadelphia,PA 19103 z r N z Line Article Name of Addressee,Street,and Post Office Address Postage ^ I a Number �� w , EA 1 #kk# KELLY L.GARRETT c I o 09 CEDAR RIDGE LANE CHANICSBURG,PA 17055-5453 2 **** Noo 0 •TL 3 **** 4 **** 1 5 6 **** 7 **** g **** 9 **** 10 **** 11 **** 12 . % KELLY L.GARRETT PHS#280884 Total Numbegr of Total Number of Pieces Postmaster,Per(Name of Receiving Pieces Listea by Sender Received at Post Office Employee) LXH- *NOTICE OF SALE: CERTIFICATE OF MAILING* CODE: 1020 e AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY NORTHWEST SAVINGS BANK PHS#280884 DEFENDANT SyERVICE TEAM/snl KELLY L GARRETT COURT NO.:11-8346-CIVIL SERVE KELLY L GARRETT AT: TYPE OF ACTION 709 CEDAR RIDGE LANE XX Notice of Sheriffs Sale MECHANICSBURG,PA 17055-5453 SALE DATE:06105/2013 ****PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to KELLY L.GARRETr Defendant on they day of ,20 j 3 at 6 o'clockM.,at 709 CEDAR RIDGE LANE.MECHANICSBURG,PA 17055-5453,in the manner described below: _Def ndant personally served. —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. XX Other: POSTED THE PROPERTY Description: Age Height Weight Race Sex Other L ' V ,a competent adult,hereby verify that I personally posted the property with a true and correct copy o the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties.of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. 4 DATE: C r NAME: PRINTED DNNAME E- AP Q`W' �l�(N TITLE: t''-NC—,5S S� NOT SERVED On the dayy of ,20�at oclock .M.,L a competent adult hereby state that a endarlt use: _Vacant Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T.Phelan,Esq.,Id.N6.32227 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 Jenine R.Davey,Esq..Id.No.87077 Lauren R Tabas,Esq.,Id.No.93337 Jay B.Jones,Esq..Id.No.86657 Andrew L.Spivack,Esq.,Id.No.84439 Chrisovalante P.Fliakos,Esq.,Id.No.94620 Courtenay R.Dunn,Esq.,Id.No.206779 Allison F.Zuckerman,Esq.,Id.No.309519 Melissa J.Cantwell,Esq.,Id.No.308912 Mario J.Hanyon,Esq.,Id.No.203993 Andrew J.Marley,Esq.,Id.No.312314 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 8, 2013 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. Li Marie Coyne, Edttor SWORN TO AND SUBSCRIBED before me this 8 day of February, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 11-8346-CIVIL NORTHWEST SAVINGS BANK vs. KELLY L. GARRETT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: KELLY L. GARRETT Being Premises: 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-5453. Being in Upper Allen Township, County of CUMBERLAND, Com- monwealth of Pennsylvania, 42-24- 0792-001 E. Improvements consist of residen- tial property. Sold as the property of KELLY L. GARRETT. Your house (real estate) at 709 CEDAR RIDGE LANE,MECHANICS- BURG,PA 17055-5453 is scheduled to be sold at the Sheriff's Sale on June 5, 2013 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judg- ment of $134,357.60 obtained by, NORTHWEST SAVINGS BANK (the mortgagee),against the above prem- ises. PHELAN HALLINAN,LLP Attorneys for Plaintiff Feb. 8 6 a PROOF OF PUBLICATION State of Pennsylvania,County of Cumberland Tackie Cox,Sales 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): January 31,2013 COPY OF NOTICE OF PUBLICATION j NOTICE OF SHERIFF'S SALE 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO.11-8346-CIVIL Affiant further deposes that he/she is not i NORTHWEST SAVINGS BANK interested in the subject matter of the Vs. aforesaid notice or advertisement,and that KELLY L.GARRETT NOTICE TO:KELLY L.GARRETT all allegations in the foregoing statement as NOTICE OF SHERIFF'S SALE OF REAL PROPERTY to time,place and character of publication Being Premises:709 CEDAR RIDGE LANE,MECHANICSBURG,PA are tr 17055-5453 Being in Upper Allen Township,County of CUMBERLAND,Commonwealth of Pennsylvania,42-24-0792-001 E Improvements consist of residential property. Sold as the property of KELLY L.GARRETT Your house(real estate)at 709 CEDAR RIDGE LANE,MECHANICSBURG, PA 17055-5453 is scheduled to be sold atthe Sheriffs Sale on 06705/2013 9. at 10:00 AM,at the CUMBERLAND County Courthouse,1 Courthouse Square,Carlisle,PA 17013,to enforce the Court Judgment of$134,357.60 obtained by,NORTHWEST SAVINGS BANK(the mortgagee),against the above premises. Sworn to and subscribed before me this PHELAN HALLINAN,LLP t Attornev_for_Plaintiff _ - — ---- /;, IY Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jar.27,2014 SHERIFF'S OFFICE OF CUMBERLAND COUNTY r-� Ronny R Anderson r. 1E0--0F F11C;- Sheriff T Ht. 1"ROTHOWT' i FAR',I� Jody S Smith 2013 AUG 27 AM 9- 57 Chief Deputy Richard W Stewart CUMBERLAND CQUN-? Solicitor OFFICE OF THE$HERIFF PENNSYLVANIA Northwest Savings Bank Case Number vs. Kelly L Garrett 2011-8346 SHERIFF'S RETURN OF SERVICE 04/01/2013 05:34 PM -Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 709 Cedar Rldge Lane, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 04/01/2013 07:37 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Kelly L Garrett at 5211 E.Trindle Road,Apartment 5, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 06/05/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on June 5, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $899.45 SO ANSWERS, 0 August 19, 2013 RbNPV R ANDERSON, SHERIFF (c)CounzySdte Sheniff,'relecsoR,Inc. i• NORTHWEST,SAVINGS BANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-8346-CIVIL KELLY L. GARRETT Defendant(s) CUMBERLAND COUNTY PHS #280884 AFFIDAVIT PURSUANT TO RULE 3129.1 NORTHWEST SAVINGS BANK,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution_was filed,the.following information concerning the real property located at 709 CEDAR RIDGE LANE,MECHANICSBURG,PA 17055-5453. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) KELLY L. GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG,PA 17055-5453 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) KELLY L.GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG,PA 17055-5453 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to-be sold: Name Address(if address cannot be reasonably ascertained,please indicate) DISCOVER BANK 6500 NEW ALBANY ROAD NEW ALBANY,OH 43054 DISCOVER BANK 436 SEVENTH AVENUE C/O JAMES C.WARMBRODT,ESQUIRE STE 1400 PITTSBURGH,PA 15219 ASSET ACCEPTANCE LLC 120 NORTH KEYSER AVENUE CHASE PIER I. SCRANTON,PA 18504 ASSET ACCEPTANCE LLC 120 N KEYSER AVENUE C/O MICHAEL F.RATCHFORD,ESQUIRE SCRANTON,PA 18504 ASSET ACCEPTANCE,LLC 28405 VAN DYKE AVENUE WARREN,MI 48093 CAVALRY PORTFOLIO SERVICES P.O.BOX 27288 TEMPE,AZ 85282 CAVALRY PORTFOLIO SERVICES LLC 7 SKYLINE DRIVE HAWTHORNE,NY 10532 1 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055-5604 UPPER ALLEN TOWNSHIP 200 N 3RD STREET C/O.IOHN STEPHEN FEINOUR,ESQUIRE PO BOX 840 HARRISBURG,PA 17108 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the -sale: _ Name Address(if address cannot be reasonably ascertained,please indicate) CEDAR RIDGE HOMEOWNERS' 4950 WILSON LANE ASSOCIATION MECHANICSBURG,PA 17055 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected.by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 709 CEDAR RIDGE LANE MECHANICSBURG,PA 17055-5453 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CL1MRFlRI AND COUNTY CARLISLE,PA 1.7013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By: CW Ujj� Y�%fin Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff s NORTHWEST SAVINGS BANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 11-8346-CIVIL KELLY L. GARRETT Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KELLY L. GARRETT 709 CEDAR RIDGE LANE - -- - -- MECHANICSBURG,.PA-17055-5453- "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate)ai 709 CEDAR-RIDGE LANE,MECHANICSBURG,PA*17055-5453 is scheduled to be sold at the Sheriff s Sale on 06/05/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$134,357.60 obtained by NORTHWEST SAVINGS BANK(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able'to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his offee—This=schedule-wi--ll-statewho w-il-l-be-recei-ving--that money:The--money will-be--paid_out in-accordance._..._..._ with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10)days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800) 990=9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8346-CIVIL NORTHWEST SAVINGS BANK VS. KELLY L. GARRETT owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland (Municipality) 709 CEDAR RIDGE LANE, MECHANICSBURG,PA 17055-5453 Parcel No. 42-24-0792-001E (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $134,357.60 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 215-563-7000 1 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land,situate in Upper Allen Township,Cumberland County, Pennsylvania,bounded and described in accordance with a Final Subdivision Plan for Cedar Ridge Townhouses,prepared by John C.Brilhart, Surveying and Mapping Services,last revised on January 13, 1978,. recorded in the Cumberland County Recorder of Deeds Office in Plan Book 32,Page 73,as follows,to wit: BEGINNING at the intersection of the northerly right-of-way line of Cedar Ridge Lane,a private street(50 feet wide)and the westerly boundary line of lands,now or formerly of Florence and John Manning;thence North twenty-five degrees West,along said boundary line,a distance of 85.63 feet to a point at Common Open Space;thence South fifty-eight degrees four minutes West,along Common Open Space,a distance of 61.30 feet to a point on the dividing line between Lot Nos.A-4 and A-5;thence South thirty-one degrees fifty-six minutes East _along_said dividing line,a distance of 85 feet to a point on the northerly right-of-way line of Cedar Ridge Lane;thence along said northerly right-of-way line,North fifty-eight degrees our minutes East,a distance of 50.96 feet to the point and place of BEGINNING. CONTAINING four thousand seven hundred seventy-one square feet(4,771 square feet). BEING Lot A-5 on the said Final Subdivision Plan. UNDER AND SUBJECT to a-Declaration of Covenants and Easements dated April 4, 1974,recorded in . Miscellaneous Book 234,Page 835,Cumberland County Recorder of Deeds Office. UNDER AND SUBJECT,also,to the easements,restrictions,reservations,and conditions shown on the aforesaid Final Subdivision Plan and otherwise of record. TITLE TO SAID PREMISES VESTED IN Kelly L. Garrett, by Deed from Bruno M.Dario and Ann D. Walker,h/w, dated 10/20/2006,recorded 10/23/2006 in Book 277,Page 1124. PREMISES BEING: 709 CEDAR RIDGE LANE,MECHANICSBURG,PA 17055-5453 PARCEL NO. 42-24-0792-001E WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-8346 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due NORTHWEST SAVINGS BANK Plaintiff(s) From KELLY L. GARRETT,709 CEDAR RIDGE LANE,MECHANICSBURG,PA 17055 (1) You are directed to levy upon the property of the defendant(s)and to sell OCE (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the gamishee(s)that:(a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due$134,357.60 L.L.$.50 Interest FROM 11/16/2012 TO DATE OF SALE($22.09 PER DIEM)-$4,462.18 Atty's Comm % Due Prothy 2.25 Atty Paid $332.25 Other Costs Plaintiff Paid Date: 1/7/2013 J. David D.Buell,Prothonotary (Seal) az Deputy REQUESTING PARTY: Name.: MEREDITH WOOTERS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD,SUITE 1400 PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.307207 'TF ny hand Pa.. and 20-13 Th; P ot�onolary On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 709 Cedar Ridge Lane, Mechanicsburg, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March-12, 2013 By: Real Estate Coordinato CUMBERLAND LAW JOURNAL Writ No. 2011-8346 Civil NORTHWEST SAVINGS BANK VS. KELLY L. GARRETT Atty.:Joseph P. Schalk By virtue of a Writ of Execution NO. 11-8346-CIVIL, NORTHWEST SAVINGS BANK vs. KELLY L. GAR- RETT owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being 709 CEDAR RIDGE LANE, MECHANICSBURG,PA 17055-5453. Parcel No.42-24-0792-001E. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$134,357- .60. 33 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12, April 19 and April 26, 2013 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. Wsa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 6 day of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. ­2020 Technology Pkwy , Suite 300, t4e Patr1*otAwXtws Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof Of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M",Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 04/16113 I 2011-8 SA346 V CIVII 04123113 N n THWEST INGS BAN VS. 04130/13 KELLY L GARRETT Atty:Joseph P Sehalk By virtue of a writ of Execution No. . . . . . . . . . . . 11-8346-CIVIL NORTHWEST SAVINGS BANK K VSE.LLY.L GARRETT Sworn to and subscribed before me this 13 day of May, 2013 A.D. owner(s) of property situate in the TOWNSMP OF UPPER ALLEN, Cumberland County,Pennsylvania,being (Municipality) ublic 709 CEDAR RIDGE LANE MECHANICSBURG,PA 17055-5453 Parcel No.42-24-0792.001E (Acreage or street address) Improvements thereon- RESIDENTIAL DWELLING AMM-0-9=0 COMMONWEALTH OF PENNSYLVANIA JUDGMENT AMOUNT'S134,35T60 Notartal—seat Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin county My Commission fres Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1,Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Corporation is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2013, under and by virtue of a writ Execution issued on the 7th day of January,A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 8346, at the suit of Northwest Savings Bank against Kelly L. Garrett is duly recorded as Instrument Number 201328470. IN TESTIMONY WHEREOF, I have hereunto set my hand :�-O- and sea] of said office this Z day of A.D.?0 'It J eRecorder. of Deeds cd or of ffeeriand County,Caftle,PA My Commission Expires the Fat Monday of Jan.20114