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HomeMy WebLinkAbout13-5073 Supreme Court -of, Pennsylvania Court Com',.Pleas For Prothonotary Use Only: ar vi1 Dove; �h et = CU B AN f County Docket No: The information Ncollec -o s form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: ❑D Complaint ❑ Writ of Summons ❑ Petition E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: SOVEREIGN BANK, N.A. Lead Defendant's Name: AARON C. DIRKS T I Dollar Amount Requested: El within arbitration limits Are money damages requested? ❑Yes (] No x O (Check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes 9 No Is this an NWJ Appeal? ❑ Yes Z No A Name of Plaintiff /Appellant's Attorney: Melissa J Cantwell Esq. Id. No308912, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making.more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation • Premises Liability ❑ Statutory Appeal: Other • Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: O ❑ Asbestos N ❑ Tobacco • Toxic Tort -DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS El Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin ❑ Dental ❑ Quiet Title ❑ Other: ❑ Legal ❑ Other: ❑ Medical ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01 /0112011 Tf PROTHONOTaY Z 3 AUG ..8 ; t0: 81 CUtIPJERLAND COUNTY P 'NN SYLYANIA PHELAN HALLINAN, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 SOVEREIGN BANK, N.A. 824 NORTH MARKET STREET COURT OF COMMON PLEAS SUITE 100 WILMINGTON, DE 19801 CIVIL DIVISION Plaintiff TERM V. NO. JY` 15 0 2 U� AARON C. DIRKS 805 ALLENVIEW DRIVE CUMBERLAND COUNTY MECHANICSBURG, PA 17055 -6190 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE �w� 13uoaed File #: 304344 Q 1. Plaintiff is SOVEREIGN BANK, N.A. 824 NORTH MARKET STREET SUITE 100 WILMINGTON, DE 19801 2. The name(s) and fast known address(es) of the Defendant(s) are: AARON C. DIRKS 805 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 -6190 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/20/2007 AARON C. DIRKS made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 200744831.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. Sovereign Bank is now known as Sovereign Bank, N.A. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 304344 7. The following amounts are due on the mortgage as of 07/19/2013: Principal Balance $137,585.41 Interest $13,281.70 12/01/2011 through 07/19/2013 Late Charges $929.20 Property Inspections $173.15 Property Preservations $2,822.00 Non Sufficient Funds Charge $17.71 Escrow Deficit $5,628.20 TOTAL - $160,437.37 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. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 304344 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $160,437.37, 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. PHELAN HALLINAN, LLP By: Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff ' J File #: 304344 LEGAL DESCRIPTION TRACT NO. 1 ALL THAT CERTAIN lot or piece of land situate in the Borough of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Gerrit J. Betz, Registered Surveyor, dated April 5, 1974, as follows, to wit: BEGINNING at a point on the South side of East Main Street (80 feet wide), said point being 101.34 feet West of the point of intersection with the southerly side of East Main Street, and the center line of Spruce Street; thence extending from said point of beginning along premises now or formerly of Charles DeChamplain, and passing through the center of a partition wall the following four courses and distances: (1) South 11 degrees 48 minutes East, 16.41 feet to a point; (2) South 77 degrees 58 minutes 50 seconds West, 5.20 feet to a point; (3) South 12 degrees 00 minutes 50 seconds East, 6.80 feet to a point; and (4) North 77 degrees 58 minutes 50 seconds East, 4.46 feet to a point; thence continuing along property now or formerly of DeChamplain, South 12 degrees 02 minutes East, 17.36 feet to a point; thence along the same, South 13 degrees 15 minutes 20 seconds East, 95.34 feet to a point; thence along the same, North 77 degrees 43 minutes 10 seconds East, 9 feet to a point; thence through the center of a partition wall of a frame garage, South 12 degrees 16 minutes 50 seconds East, 28.41 feet to a hub on the North side of Courtland Alley (14 feet wide); thence along the same, South 78 degrees 01 minute 20 seconds West, 25.65 feet to a hub at the corner of premises now or formerly of Ronald J. Stern; thence along the same, North 13 degrees 05 minutes 40 seconds West, 164.34 feet to a hub on the South side of East Main Street, aforesaid; thence along the same, North 78 degrees 12 minutes East, 18.36 feet to a point, the place of BEGINNING. File #: 304344 e BEING known as 122 E. Main Street, Shiremanstown, Pennsylvania. TRACT NO. 2 ALL THAT CERTAIN tract of land situate on the southeast side of East Main Street, Borough of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a Plan of Survey by Gerrit J.- Betz Associates, Inc., Engineers and Surveyors, dated October 31, 1979, and bearing Drawing No. 79580, as follows, to wit: BEGINNING at a p.k. nail on the southeast side of East Main Street (80 foot wide right of way), at property now or formerly of Robert B. Miller, said point being 79.70 feet to centerline of Spruce Street; thence extending from said beginning point and along property now or formerly of Robert B. Miller; the two (2) following courses and distances: (1) South 12 degrees 35 minutes 10 seconds East, a distance of 43.28 feet; and (2) South 13 degrees 17 minutes 10 seconds East, a distance of 120.96 feet to a hub on the northwest side of Courtland Alley (14 foot wide right of way); thence extending along same, South 78 degrees 01 minute 20 seconds West, a distance of 14.35 feet to a hub at property now or formerly of Lester J. Zimmerman; thence extending along same the eight (8) following courses and distances: (1) North 12 degrees 16 minutes 50 seconds West, 28.41 feet to a drill hole; (2) South 77 degrees 43 minutes 10 seconds West, 9 feet to a drill hole; (3) North 13 degrees 15 minutes 20 seconds West, 95.34 feet; (4) North 12 degrees 02 minutes 00 seconds West, 17.36 feet; (5) South 77 degrees 58 minutes 50 seconds West, 4.46 feet; (6) passing through the center line of a partition wall, North 12 degrees 00 minutes 50 seconds West, 6.80 feet; (7) North 77 degrees 58 minutes 50 seconds East, 5.20 feet; (8) North 11 degrees 48 minutes 00 seconds West, a distance of 16.41 feet to a drill hole on the southeast File #: 304344 side of East Main Street, aforementioned; thence extending along same, North 78 degrees 12 minutes East, 21.64 feet to the first mentioned p.k. nail and place of BEGINNING. BEING known and numbered as 124 E. Main Street, Shiremanstown, Pennsylvania. BEING the same premises which Gary L. Foltz and Anna Margaret Foltz, husband and wife by Deed bearing date August 12, 2004 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, State of Pennsylvania in Deed Book 264 page 3503 granted and conveyed unto Aaron C. Dirks, in fee. PROPERTY ADDRESS: 122 -124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 -6311 PARCEL # 37 -23- 0555- 14137 -23- 0555 -140 File #: 304344 VERIFICATION hereby states that he /she is of SOVEREIGN dMin IS ra dlr BANK, N.A, Plaintiff in is 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 information and belief. The undersigned understands that this - statement is made subject to the penalties of 18 Pa. C.S. Sec. A 904 relating to unsworn falsification to authorities. DATE: V N H f— Title: F 6 5 u m i n i s�"r a - I� SOVEREIGN BANK, N.A File #: 304344 Name: DIRKS File #: 304344 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 #: 304344 SOVEREIGN BANK, N.A. FiL ED - O r F I C E IN THE COURT OF COMMON 824 NORTH MARKET STREET Ol *_ THE HE PROTHONOTEARY PLEAS SUITE 100 OF CUMBERLAND COUNTY, WILMINGTON, DE 19801 201 3 AUC 2 8 AM PENNSTLVANIA Plaintll`P COUNTY vs. PENNSYLVANIA AARON C. DIRKS 805 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 -6190 Defendant 0 S� Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contactMidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service uponyou of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage forclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: AUG 2 3 2013 Date Signature of Counsel for Plaintiff File #: 304344 Cumberland County Residential Mortgage Foreclosure Diversion Program Date Financial Worksheet Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your . Please provide the following information to the best of your knowledge: CUSTOM Ell/1111MA11Y APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): Cit State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-13011ROWEII Mailing Address: Cit State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date you Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: File #: 304344 Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 "d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ File #: 304344 If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if you ]mow, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: File #: 304344 I AUTHORIZATION I/We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this page along with the following information to lender: I. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) File #: 304344 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAmdwosmm r1 E ~UF r r/C Sheriff A� "11 EPQ0 TAD�10TA P1 JodyS Smith �� -�� 73 13 SEP 16 PM 2: 4 9 Chief Deputy Mdi Richard Stewart CtIMSER[AND �0UWTY Solicitor OFF CE OF TK SKRIFF PENNS\'k/&til|b Sovereign Bank N.A` vs. Case Number Aaron CDirks i 2013'5073 SHERIFF'S RETURN OF SERVICE 08/29/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Aaron C Dirks, but was unable ho locate the Defendant inhis bailiwick. The Sheriff therefore returns the within requested Notice of Residential K8ortoogeFonadosuno Diversion Program and Complaint inyNo�gage Foreclosure oo''NotFuund''ad132'12-E. Main Street, Shiremanstown Borough, Shinamenotovvn, PA 17011. Residence is vananL Service was also attempted at 805 Allenview Drive and the defendant does not reside at this address either, however he is the owner of this property but is said bobeliving at 344 Lawrence Stnyet, K8idd|etmwn, PA. 0029/2813 Sheriff Ronny R Anderson, being duly sworn according bo law, states he made diligent search and inquiry for the within named Defendant io wit:Aaron C Dirks, but was unable tu locate the Defendant inthe Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania ho serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according tolaw. 09/06/2013 02:06 PM The requested Notice ofResidential Mortgage Foreclosure Diversion Program and Complaint | in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Aaron C Dirk$, personally, at ' Dauphin County Sheriffs Office et101 Market Street, Room 104. Harrisburg, PA171O1. Jack Lohmck. Sheriff, Return of Service attached to and made part cf the within record. SHERIFF COST: o75.25 SO ANSWERS, September 11. 2O13 1R-0—N­NTFR—ANDERSON, SHERIFF . v Shelley Ruhl Jack Duignan Rea]Esta e Deputy ? •' Chief Deputy Matthew L. Owens Solicitor Michael W. Rinehart Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania SOVEREIGN BANK,N.A. County of Dauphin AARON C. DIRKS VS Sheriff s Return No. 2013-T-2455 OTHER COUNTY NO. 2013-5073 And now: SEPTEMBER 6, 2013 at 2:06:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon AARON C. DIRKS by personally handing to AARON C. DIRKS 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE, 101 MARKET STREET, ROOM 104 HARRISBURG PA 17101 DEFENDANT VERIFIED GOOD ADDRESS IS 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057. Sworn and subscribed to So Answers, before me this 9TH day of September, 2013 Sheriff of Dauphin County, Pa. xdw�J By hl/✓L COMMONWEALTH OF PENNSYLVANIA Deputy S114iff NOTARIAL SEAL Deputy: MEGAN TRITT Karen M.Hoffinan,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $47.25 9/4/2013 M Commission Expires August 17,2014 4 PHELAN HALLINAN, LLP ,;. CT 23 1 Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203U3'' 1617 JFK Boulevard, Suite 140001J 8,ERLAND COUNT'S One Penn Center Plaza �''EHNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 SOVEREIGN BANK, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS AARON C. DIRKS : CIVIL DIVISION : No. 13-5073 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 AARON C.DIRKS, 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 $160,437.37 TOTAL $160,437.37 I hereby certify that (1) the Defendant's last known addresses are 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057-1130, 122-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6311, and 805 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6190, and (2)cthat notice has been given in accordance with Rule Pa.R.C.P 237.1. Date / 17 //X, /it; Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1O .43113 .` PH#798106 PROTHONOTARY 79S 6/ 3 S9` �2#237O ) � PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 SOVEREIGN BANK, N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION AARON C. DIRKS : No. 13-5073 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 AARON C. DIRKS 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 AARON C. DIRKS is over 18 years of age and the last known addresses of the defendant are 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057-1130, 122-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6311, and 805 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6190. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date fO/Z f// / �.� Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 798106 Results as of:Oct-21-2013 01:08:17 Department of Defense Manpower Data Center SCRA 3.0 Status Report : :. Pursuant to Servicernornbers Civil Relief Act Last Name: DIRKS First Name: AARON Middle Name: C Active Duty Status As Of: Oct-21-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. yhtuit Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 SOVEREIGN BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. AARON C.DIRKS NO. 13-5073 CIVIL Defendant(s) CUMBERLAND COUNTY TO: AARON C.DIRKS 805 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6190 DATE OF NOTICE: 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 OPFER 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 � By Melissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#798106 SOVEREIGN BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. AARON C.DIRKS NO. 13-5073 CIVIL Defendants) CUMBERLAND COUNTY TO: AARON C.DIRKS 122-124 EAST MAIN STREET SHIREMANSTOWN,PA 17011-6311 DATE OF NOTICE: 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 LNFORMATION 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 I 1, . .....— Melissa J.Ca nfweI N.,Id.No.308912 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#798106 SOVEREIGN BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. AARON C.DIRKS NO. 13-5073 CIVIL Defendant(s) CUMBERLAND COUNTY TO: AARON C.DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN,PA 17057-1130 DATE OF NOTICE: C C ? E613 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. 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 By: 1iissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#798706 (Rule of Civil Procedure No. 236) - Revised SOVEREIGN BANK, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS AARON C. DIRKS : CIVIL DIVISION : No. 13-5073 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on I 01 2311 3 By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 798106 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SANTANDER BANK,N.A.,FORMERLY KNOWN AS SOVEREIGN : COURT OF COMMON PLEAS BANK,N.A. Plaintiff CIVIL DIVISION v. NO.: 13-5073 CIVIL AARON C.DIRKS : Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $160,437.37 Interest from 10/24/2013 to Date of Sale $5,906.88 ($26.37 per diem) TOTAL $166,344.25 m r— -- ) > CJ's ET.r Phelan Hallinan,LLP =a Adam H.Davis,Esq.,Id.No.203034 5;. ._, Attorney for Plaintiff --t Note: Please attach description of property. PH#798106 ft. t it ,, ,ot, S p 0, 5-DA,Ltd. d SbW cu Lt4 8d9,?,_?c// 3toLni ,A)V‘ if. (3- ' Pssie, LEGAL DESCRIPTION TRACT NO. 1 ALL THAT CERTAIN lot or piece of land situate in the Borough of Shiremanstown,County of Cumberland and Commonwealth of Pennsylvania,bounded and described in accordance with a survey and plan thereof made by Gerrit J. Betz,Registered Surveyor,dated April 5, 1974,as follows,to wit: BEGINNING at a point on the South side of East Main Street(80 feet wide),said point being 101.34 feet West of the point of intersection with the southerly side of East Main Street,and the center line of Spruce Street;thence extending from said point of beginning along premises now or formerly of Charles DeChamplain,and passing through the center of a partition wall the following four courses and distances: (1) South 11 degrees 48 minutes East, 16.41 feet to a point; (2) South 77 degrees 58 minutes 50 seconds West, 5.20 feet to a point; (3)South 12 degrees 00 minutes 50 seconds East,6.80 feet to a point;and(4)North 77 degrees 58 minutes 50 seconds East,4.46 feet to a point; thence continuing along property now or formerly of DeChamplain,South 12 degrees 02 minutes East, 17.36 feet to a point;thence along the same,South 13 degrees 15 minutes 20 seconds East,95.34 feet to a point; thence along the same,North 77 degrees 43 minutes 10 seconds East,9 feet to a point;thence through the center of a partition wall of a frame garage, South 12 degrees 16 minutes 50 seconds East,28.41 feet to a hub on the North side of Court land Alley(14 feet wide);thence along the same,South 78 degrees 01 minute 20 seconds West,25.65 feet to a hub at the corner of premises now or formerly of Ronald J. Stern;thence along the same,North 13 degrees 05 minutes 40 seconds West, 164.34 feet to a hub on the South side of East Main Street,aforesaid;thence along the same,North 78 degrees 12 minutes East, 18.36 feet to a point,the place of BEGINNING. BEING known as 122 E.Main Street,Shiremanstown,Pennsylvania. TRACT NO.2 ALL THAT CERTAIN tract of land situate on the southeast side of East Main Street,Borough of Shiremanstown,County of Cumberland and Commonwealth of Pennsylvania,bounded and described in accordance with a Plan of Survey by Gerrit J. Betz Associates,Inc.,Engineers and Surveyors,dated October 31, 1979,and bearing Drawing No.79580,as follows,to wit: f BEGINNING at a p.k. nail on the southeast side of East Main Street(80 foot wide right of way),at property now or formerly of Robert B. Miller, said point being 79.70 feet to centerline of Spruce Street; thence extending from said beginning point and along property now or formerly of Robert B. Miller;the two(2) following courses and distances: (1)South 12 degrees 35 minutes 10 seconds East,a distance of 43.28 feet; and(2)South 13 degrees 17 minutes 10 seconds East,a distance of 120.96 feet to a hub on the northwest side of Court land Alley(14 foot wide right of way);thence extending along same, South 78 degrees 01 minute 20 seconds West,a distance of 14.35 feet to a hub at property now or formerly of Lester J.Zimmerman;thence extending along same the eight(8)following courses and distances: (1)North 12 degrees 16 minutes 50 seconds West,28.41 feet to a drill hole; (2)South 77 degrees 43 minutes 10 seconds West,9 feet to a drill hole; (3)North 13 degrees 15 minutes 20 seconds West,95.34 feet; (4)North 12 degrees 02 minutes 00 seconds West, 17.36 feet; (5)South 77 degrees 58 minutes 50 seconds West,4.46 feet; (6)passing through the center line of a partition wall,North 12 degrees 00 minutes 50 seconds West,6.80 feet; (7)North 77 degrees 58 minutes 50 seconds East,5.20 feet;(8)North 11 degrees 48 minutes 00 seconds West,a distance of 16.41 feet to a drill hole on the southeast side of East Main Street, aforementioned;thence extending along same,North 78 degrees 12 minutes East,21.64 feet to the first mentioned p.k.nail and place of BEGINNING. BEING known and numbered as 124 E.Main Street,Shiremanstown,Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Aaron C. Dirks, single man,by Deed from Gary L. Foltz and Anna Margaret Foltz, h/w, dated 08/12/2004, recorded 08/18/2004 in Book 264,Page 3503. PREMISES BEING: 122-124 EAST MAIN STREET,SHIREMANSTOWN,PA 17011-6311 PARCEL NO.37-23-0555-141 and 37-23-0555-140 PHELAN HALLINAN, LLP Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 i 13 : TA 1617 JFK Boulevard, Suite 1400 201t1 JAN 15 AN 10: 50 One Penn Center Plaza Philadelphia, PA 19103 �,'(� ; ��L CC?t►NTY Adam.Davis @PhelanHallinan.com PENNSYLVANIA 215-563-7000 SANTANDER BANK,N.A., FORMERLY KNOWN AS : COURT OF COMMON PLEAS SOVEREIGN BANK, N.A. Plaintiff : CIVIL DIVISION v. : NO.: 13-5073 CIVIL AARON C. DIRKS Defendant(s) : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff I SANTANDER BANK, N.A., FORMERLY KNOWN AS • COURT OF COMMON PLEAS SOVEREIGN BANK, N.A. Plaintiff • CIVIL DIVISION v. • NO.: 13-5073 CIVIL AARON C. DIRKS • Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 SANTANDER BANK,N.A.,FORMERLY KNOWN AS SOVEREIGN BANK,N.A.,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 122-124 EAST MAIN STREET,SHIREMANSTOWN,PA 17011-6311. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) AARON C.DIRKS 344 SOUTH LAWRENCE STREET, MIDDLETOWN,PA 17057-1130 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) AARON C.DIRKS 122-124 EAST MAIN STREET SHIREMANSTOWN,PA 17011-6311 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) None. -� 4. Name and address of last recorded holder of every mortgage of record: 1 Name Address(if address cannot be -- reasonably ascertained,please indicate) � � cn None. __ . < 5. Name and address of every other person who has any record lien on the property: =c) Name Address(if address cannot be n reasonably ascertained,please indicate) p Lower Allen Township Authority 120 Limekiln Road New Cumberland,PA 17070 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. PH#798106 r 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 122-124 EAST MAIN STREET SHIREMANSTOWN,PA 17011-6311 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle,PA 17013 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 District of PA PO Box 11754 Federal Building Harrisburg,PA 17108-1754 TENANT/OCCUPANT 122 EAST MAIN STREET SHIREMANSTOWN,PA 17011-6311 TENANT/OCCUPANT 124 EAST MAIN STREET SHIREMANSTOWN,PA 17011-6311 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: U//5517 By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#798106 SANTANDER BANK, N.A., FORMERLY KNOWN AS : COURT OF COMMON PLEAS SOVEREIGN BANK, N.A. : CIVIL DIVISION Plaintiff : : NO.: 13-5073 CIVIL vs. AARON C. DIRKS : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: AARON C. DIRKS AARON C. DIRKS 344 SOUTH LAWRENCE STREET 122-124 EAST MAIN STREET"'T.. c, =;c- MIDDLETOWN,PA 17057-1130 SHIREMANSTOWN, PA 17011411 r) - :f. AARON C. DIRKS = c) 805 ALLENVIEW DRIVE ' MECHANICSBURG, PA 17055-6190 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate) at 122-124 EAST MAIN STREET,SHIREMANSTOWN,PA 17011-6311 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$160,437.37 obtained by SANTANDER BANK,N.A.,FORMERLY KNOWN AS SOVEREIGN BANK,N.A. (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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-5073 CIVIL SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. v. AARON C. DIRKS owner(s) of property situate in the SHIREMANSTOWN BOROUGH, CUMBERLAND County, Pennsylvania, being 122-124 EAST MAIN STREET, SHIREMANSTOWN,PA 17011-6311 Parcel No. 37-23-0555-141 and 37-23-0555-140 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $160,437.37 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION TRACT NO. 1 ALL THAT CERTAIN lot or piece of land situate in the Borough of Shiremanstown,County of Cumberland and Commonwealth of Pennsylvania,bounded and described in accordance with a survey and plan thereof made by Gerrit J.Betz, Registered Surveyor,dated April 5, 1974, as follows,to wit: BEGINNING at a point on the South side of East Main Street(80 feet wide),said point being 101.34 feet West of the point of intersection with the southerly side of East Main Street,and the center line of Spruce Street;thence extending from said point of beginning along premises now or formerly of Charles DeChamplain,and passing through the center of a partition wall the following four courses and distances: (1) South 11 degrees 48 minutes East, 16.41 feet to a point; (2) South 77 degrees 58 minutes 50 seconds West, 5.20 feet to a point; (3)South 12 degrees 00 minutes 50 seconds East,6.80 feet to a point;and(4)North 77 degrees 58 minutes 50 seconds East,4.46 feet to a point;thence continuing along property now or formerly of DeChamplain,South 12 degrees 02 minutes East, 17.36 feet to a point;thence along the same,South 13 degrees 15 minutes 20 seconds East,95.34 feet to a point;thence along the same,North 77 degrees 43 minutes 10 seconds East,9 feet to a point; thence through the center of a partition wall of a frame garage, South 12 degrees 16 minutes 50 seconds East,28.41 feet to a hub on the North side of Courtland Alley(14 feet wide);thence along the same,South 78 degrees 01 minute 20 seconds West,25.65 feet to a hub at the corner of premises now or formerly of Ronald J. Stern;thence along the same,North 13 degrees 05 minutes 40 seconds West, 164.34 feet to a hub on the South side of East Main Street,aforesaid;thence along the same,North 78 degrees 12 minutes East, 18.36 feet to a point,the place of BEGINNING. BEING known as 122 E.Main Street,Shiremanstown,Pennsylvania. TRACT NO. 2 ALL THAT CERTAIN tract of land situate on the southeast side of East Main Street,Borough of Shiremanstown,County of Cumberland and Commonwealth of Pennsylvania,bounded and described in accordance with a Plan of Survey by Gerrit J. Betz Associates,Inc.,Engineers and Surveyors,dated October 31, 1979, and bearing Drawing No.79580,as follows,to wit: BEGINNING at a p.k. nail on the southeast side of East Main Street(80 foot wide right of way),at property now or formerly of Robert B.Miller,said point being 79.70 feet to centerline of Spruce Street;thence extending from said beginning point and along property now or formerly of Robert B.Miller;the two(2) following courses and distances: (1)South 12 degrees 35 minutes 10 seconds East, a distance of 43.28 feet; and(2)South 13 degrees 17 minutes 10 seconds East,a distance of 120.96 feet to a hub on the northwest side of Court land Alley(14 foot wide right of way);thence extending along same, South 78 degrees 01 minute 20 seconds West,a distance of 14.35 feet to a hub at property now or formerly of Lester J.Zimmerman;thence extending along same the eight(8)following courses and distances: (1)North 12 degrees 16 minutes 50 seconds West,28.41 feet to a drill hole; (2)South 77 degrees 43 minutes 10 seconds West, 9 feet to a drill hole; (3)North 13 degrees 15 minutes 20 seconds West,95.34 feet; (4)North 12 degrees 02 minutes 00 seconds West, 17.36 feet;(5) South 77 degrees 58 minutes 50 seconds West,4.46 feet;(6)passing through the center line of a partition wall,North 12 degrees 00 minutes 50 seconds West,6.80 feet; (7)North 77 degrees 58 minutes 50 seconds East,5.20 feet; (8)North 11 degrees 48 minutes 00 seconds West,a distance of 16.41 feet to a drill hole on the southeast side of East Main Street, aforementioned;thence extending along same,North 78 degrees 12 minutes East,21.64 feet to the first mentioned p.k. nail and place of BEGINNING. BEING known and numbered as 124 E.Main Street, Shiremanstown,Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Aaron C. Dirks, single man, by Deed from Gary L. Foltz and Anna Margaret Foltz,h/w, dated 08/12/2004,recorded 08/18/2004 in Book 264,Page 3503. PREMISES BEING: 122-124 EAST MAIN STREET,SHIREMANSTOWN,PA 17011-6311 PARCEL NO.37-23-0555-141 and 37-23-0555-140 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-5073 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SANTANDER BANK,N.A. FORMERLY KNOWN AS SOVEREIGN BANK,N.A. Plaintiff(s) From AARON C.DIRKS (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $160,437.37 L.L.: $.50 Interest FROM 10/24/2013 TO DATE OF SALE($26.37 PER DIEM)-$5,906.88 Atty's Comm: Due Prothy: $2.25 Atty Paid: $233.50 Other Costs: Plaintiff Paid: Date: 1/15/2014 /. • David D. Buell,Prothonota (Seal) • � � _ Pii//_ Deputy REQUESTING PARTY: Name: ADAM H. DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 ,. i,+qtr C;'_ t, JA t5 A910: it p ° YL AMfANTy Phelan Hainan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 SOVEREIGN BANK N.A. Court of Common Pleas Plaintiff . Civil Division v. . CUMBERLAND County AARON C.DIRKS Defendant(s) No. 13-5073 CIVIL PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: By amendment of its Articles of Association, Sovereign Bank, N.A. changed its name to Santander Bank, N.A. Kindly amend the information on the docket accordingly. Date: //AV.& By: • teR.--t_ Adam H. Davis,Esq., Id. No.203034 Attorney for Plaintiff PH#798106 tea. CAW 13s-)se)r3 124 2,00—n S Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 SOVEREIGN BANK N.A. Court of Common Pleas Plaintiff . Civil Division v. . CUMBERLAND County AARON C.DIRKS • Defendant(s) No. 13-5073 CIVIL • PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A., located at 824 NORTH MARKET STREET, SUITE 100,WILMINGTON,DE 19801. Date: f/74Mt PHELAN HALLINAN,LLP By: G'ce/6e'z Z/Y�a_.z-\.- Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PH#798106 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 SOVEREIGN BANK N.A. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County AARON C.DIRKS Defendant(s) No. 13-5073 CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A.. Date: V/iVA PHELAN HALLINAN, LLP By: K<IGt,—. Adam H. Davis, Esq.,Id. No.203034 Attorney for Plaintiff PH#798106 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 SOVEREIGN BANK N.A. Court of Common Pleas Plaintiff . Civil Division v. . CUMBERLAND County AARON C.DIRKS Defendant(s) No. 13-5073 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark Judgment to SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A., Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057-1130 Date: PHELAN HALLINAN, LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb C phelanhallinan.coni 215 -563 -7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. v. AARON C. DIRKS Plaintiff Defendant APR - I 1 1G: CUa r ERL, D t4UN T PENN YLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -5073 CIVIL MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above - captioned Defendant, AARON C. DIRKS, by certified mail and regular mail at 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057 -1130 and I22-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 -6311 and posting 122 -124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011- 6311 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for June 4, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3 Attempts to serve Defendant, AARON C. DIRKS, with the Notice of Sale at the mortgaged ises, 122-124 EAST MAIN STREET, PA 17011-6311, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The mortgage premises is vacant. 4. Attempts to serve Defendant, AARON C. DIRKS, with the Notice of Sale at 344 SOUTH LAWRENCE STREET, MIDDLE7OWN,PAl7057-ll30, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". There was no answer at this address. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to iocate the Defendant. An Affidavit of Reasonable lnvestigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B''. 6. Plaintiff contacted the Prothontary's Office and as of March 28, 2014, no Judge has previously entered a ruling in this case. 7. 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 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 8. Plaintiff submits that it has made a good faith effort to Iocate the Defendant, AARON C. DIRKS, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to AARON C. DIRKS at 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057-1130 and 122-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6311 and posting 122- 124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6311 and by publication. Phelan Hallinan, LLP DATE: By: Jonfhan L�bb, Esquire Bar ID No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 OK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. AARON C. DIRKS Plaintiff CIVIL DIVISION NO. 13-5073 CIVIL Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notic shall be served pursuant to special order of court as prescribed by Rule 430, except that if ori i ulyroc000nvuuwe,ved pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabout of Defendant, AARON C. DIRKS, are unknown, a reasonable investigation of his/her Iast known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a) provides provides as foliows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special ordor directing the method of service. The motion shall be accompanied by an affidavit stati the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of "not found" or the fact that a defendant has moved without le ' a new forwarding address is insufficient evidence of concealment. Gonzales v.Pobm,238Pu.8u9cz.3d2'357A.2d500(lg76). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. l65`360A.2d603 (1976). An illustration of 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. As indicated by the return of service, hereto as Exhibit "A", the process server has been unabie to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to AARON C. DIRKS at 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057-1130 and 122-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6311 and posting 122-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6311 and by publication pursuant to PA.R.C.P. 3129.2. DATE: 3 131 )1 (( Phelan Hallinan, LLP By: Jon an Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. v. AARON C. DIRKS Plaintiff Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-5073 CIVIL CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057-1130 AARON C. DIRKS 122-124 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6311 DATE: Phelan Hallinan, LLP By: Jonfan Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com SUSAN P. Moran, Legal Assistant, Ext. 1253 Representing Lenders in Service Department Pennsylvania March 30, 2014 AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057-1130 RE: SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. v. AARON C. DIRKS Premises Address: 122-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011- 6311 CUMBERLAND County, No. 13-5073 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, Special Service. Please respond to me within one week, by Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP Phelan Hallinan, LLP 798106 1617 .IFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com SUSAN P. Moran, Legal Assistant, Ext. 1253 Representing Lenders in Service Department Pennsylvania March 30, 2014 AARON C. DIRKS 122-124 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6311 RE: SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. v. AARON C. DIRKS Premises Address: 122-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011- 6311 CUMBERLAND County, No. 13-5073 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, Special Service. Please respond to me within one week, by Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP 798106 Name and Address Of Sender 1617 K Hallinan, Boulevard, LLP 16]7 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 SPL Line Article Number Name of Addressee, Street, and Post Office Address Postage Fee 1 * * ** AARON C. DIRKS 122 -124 EAST MAIN STREET SHIREMANSTOWN, PA 17011 -6311 $0.48 2 * * ** AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057 -1130 $0.48 RE: AARON C. DIRKS (CUMBERLAND) TEAM 4 PH # 798106/1021 Page 1 of 1 $0.96 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900 S913 and S921 for limitations of coverage. Form 3877 Facsimile- CONCURRENCE -SPL 798106 EXHIBIT "B" 798106 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF - CUMBERLAND COUNTY SANTANDER BANK, N.A, FORMERLY KNOWN AS SOVEREIGN BANK, N.A. PH # 798106 DEFENDANT AARON C. DIRKS SERVE AARON C. DIRKS AT 122.124 EAST MAIN STREET SHIREMANSTOWN, PA 17011.6311 SERVED ,SERVICE TEAM / IA COURT NO.: 13 -5073 CIVIL TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: June 4, 2014 Served and made known to AARON C. DIRKS, Defendant on the _ o'clock _. M., at , in the _ Defendant 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 _ 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 bu an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriff's 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. day of ,20,at manner described below: or relationship. siness. DATE: 20 , >niiant • a e R M eaui Vacant' — Does;l�TotEkist _ No Answer on at Service Refused Other: NAME: PRINTED NAME: TITLE: Moved a competent adult hereby _ Does Not Reside (Not Vacant) at I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. B Y: /--74:11V‘1‘ PRINTED NAME: C tik ad. ATTORNEY FOR PLAINTIFF Phelan Hallinan, UP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563 -7000 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. P11 # 798106 DEFENDANT AARON C. DIRKS SERVE AARON C. DIRKS AT: 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057.1130 SERVED Served and made known to AARON C. DIRKS, Defendant on the o'clock M,, at , in the Defendant 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 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 bu an officer of said Defendant's cotnpany. Other: Description: Age Height Weight Race Sex Other , a competent adult, hereby verify that 1 personally handed a true and correct copy of 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 unsworn falsification to authorities. SERVICE TEAM/ lxh COURT NO.: 13-5073 CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 day of , 20 at manner described below: or relationship, siness. DATE: On the day of , 20]L, at 7 state that e endant ecause: Vacant Does Not Exist Moved t/No Answer 0%2,5' F6 ii at / (WO : a FeL i _ Service Refused Other. NAME: PRINTED NAME: TITLE: 0 o'clock hag I. .48611.fra competent adult hereby Does Not Reside Not Vacant) /5"3 I understand that this stateinent is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification •to au PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Process Server Check List If Service Is Made; Spouses Names if Applicable Wife: Husband-: Divorced: No Service Made I. Vacant: Yes ( Yes ( ) No ( No ) 2. Is there a name on the mailbox? Is it the defendants? 3. Neighbor Contact:Yes Left Side Right Side: ) No 4. For Sale Sign: Yes ( No Realtor Name: Company Name: Phone Number: S. Car in Drive Way Yes ( ) Plate Number: AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 798106 Attorney Firm: Phelan Hallinan, LLP Subject: Aaron C. Dirks Property Address: 122-124 East Main Street, Shiremanstown, PA 17011 Possible Mailing Address: 344 South Lawrence Street, Middletown, PA 17057 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Aaron C. Dirks - xxx-xx-7265 B. EMPLOYMENT SEARCH Aaron C. Dirks - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Aaron C. Dirks reside(s) at: 344 South Lawrence Street, Middletown, PA 17057. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Aaron C. Dirks. B. On 02-14-14 our office searched directory assistance databases, which had no phone number for Aaron C. Dirks. III. INQUIRY OF NEIGHBORS On 02-14-14 our office made several phone calls in an attempt to contact Ruben Abreu (717) 730-3832, 120 East Main Street, Shiremanstown, PA 17011: answering machine. On 02-14-14 our office made a phone call in an attempt to contact David A. Stoner (717) 766-5650, 112 East Main Street, Shiremanstown, PA 17011: disconnected. On 02-14-14 our office made several phone calls in an attempt to contact A. Alleman (717) 763-4830, 130 East Main Street, Shiremanstown, PA 17011: answering machine. On 02-14-14 our office made several phone calls in an attempt to contact Flora M. Reeves (717) 616-8233, 348 South Lawrence Street, Middletown, PA 17057: answering machine. On 02-14-14 our office made several phone calls in an attempt to contact Shibela Goins (717) 616-8023, 337 South Lawrence Street, Middletown, PA 17057: answering machine. On 02-14-14 our office made several phone calls in an attempt to contact Tawny Troche (717) 944-2371, 343 South Lawrence Street, Middletown, PA 17057: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 02-14-14 we reviewed the National Address database and found the following information: Aaron C. Dirks - 344 South Lawrence Street, Middletown, PA 17057. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 344 South Lawrence Street, Middletown, PA 17057. V. OTHER INQUIRIES A. DEATH RECORDS As of 02-14-14 Vital Records and all public databases have no death record on file for Aaron C. Dirks. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Aaron C. Dirks - 1982 * 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. 4904 relating to unsworn falsification to authorities. T —J above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "A" 798106 PHELAN IIALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan .Lobb @phelanhallinan.com 215 -563 -7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. v. AARON C. DI S Plaintiff Defendant ? ! ti APB 10 AE" 11:0 9 OUM`3E LAN' Cc0UNT` FE.NPlSYL' 11 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -5073 CIVIL MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above - captioned Defendant, AARON C. DIRKS, by certified mail and regular mail at 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057 -1130 and 122 -124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 -6311 and posting 122 -124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011- 6311 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for June 4, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3 Attempts to serve Defendant, AARON C. DIRKS, with the Notice of Sale at the mortgaged premises, 122 -124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 -6311, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A ". The mortgage premises is vacant. 4. Attempts to serve Defendant, AARON C. DIRKS, with the Notice of Sale at 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057 -1130, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A ". There was no answer at this address. 5. 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 therefrom is attached hereto as Exhibit "B ". 6. Plaintiff contacted the Prothontary's Office and as of March 28, 2014, no Judge has previously entered a ruling in this case. 7. 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 April 2, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's April 2, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C ". 8. Plaintiff submits that it has made a good faith effort to locate the Defendant, AARON C. DIRKS, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to AARON C. DIRKS at 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057 -1130 and 122 -124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 -6311 and posting 122- 124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 -6311 and by publication. DATE: Phelan Hall.nan, LLP By: J / athan o . b, Esquire Bar ID No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan .Lobb @phelanhallinan.com 215 -563 -7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -5073 CIVIL v. AARON C. DIRKS Plaintiff Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, AARON C. DIRKS, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) 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. As indicated by the return of service, hereto as Exhibit "A ", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B ". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to AARON C. DIRKS at 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057 -1130 and 122 -124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6311 and posting 122 -124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 -6311 and by publication pursuant to PA.R.C.P. 3129.2. DATE: Phelan Hallinan, LLP By: nathan Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan .Lobb @phelanhallinan.com 215 -563 -7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. v. AARON C. DIRKS Plaintiff Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -5073 CIVIL CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057 -1130 AARON C. DIRKS 122 -124 EAST MAIN STREET SHIREMANSTOWN, PA 17011 -6311 DATE: Phelan Hallinan, LLP By: Jo1Qthan Lob , Esquire Bar ID No: 312174 Attorney for Plaintiff EXHIBIT "A" 798106 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY SANTANDER BANK, N.A, FORMERLY KNOWN AS SOVEREIGN BANK, N.A. PH # 798106 DEFENDANT SERVICE TEAM / hd; AARON C. DIRKS COURT NO.: 13 -5073 CIVIL SERVE AARON C. DIRKS AT: 122-124 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6311 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED Served and made known to AARON C. DIRKS, Defendant on the — day of ,;20 , at , o'clock —. M., at : - ; in the manner described below: _ Defendant 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. Other: Description: Age Height Weight Race Sex Other 1, _ , a competent adult, hereby verify that I personally handed a true and correct copy of 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 unsworn falsification to authorities. DATE: NAME: PRINTED NAME: w TITLE: On the') day ofd 20, at go'clock M, 1, state that dant cause:: Vacant Does. Not 'Exist _ No Answer on at Service Refused Other: Moved oiletiQ, a competent adult hereby Does Not Reside (Not Vacant) at. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. BY: trvaasi',:L PRINTED NAME: / orteai ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563 -7000 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. DEFENDANT AARON C. DIRKS SERVE AARON C. DIRKS AT: 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057.1130 SERVED Served and made known to AARON C. DIRKS, Defendant on the ______, o'clock M., at ,,in the Defendant 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 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 bi an officer of said Defendant's company, Other Description: Age Height Weight PH # 798106 SERVICE TEAM/ lxh. COURT NO.: 13-5073 CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 day of , 20 , at manner described below: or relationship. isiness. Race Sex Other , a competent adult, hereby verify that I personally handed a true and correct copy of 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 unsworn falsification to authorities. DATE: On the day o state tbWT3Fendan ecause; NAME: PRINTED NAME: TITLE:. T ERVED o'clock .„=1 tVitah,:alcompetent adult hereby Vacant Does Not Exist _Moved Does Not Reside (Not Vacant) /No Answer onfc at /IWO ; AL 14 at /5-3b Service Refused Other 1 understand that :this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to dhlsificittiOn to au If' PRINTED NAME: I ATTORNEY FOR PLAINTIFF Phelan Hallinan, U2 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 unsworn If Service Is i' ade: Wife Husband No S ylc Made Vacant: Yes Process Server Check List ( ) Spouses Names if Applicable No 2. Is there a name on the mailbox? Is it the defendants? Neighbor Contact:Yes Left Side: ( �) Right Side: 4 For Sale Sign: Realtor Name: Company Name: Phone Number: 5. Car in Drive Way Yes Plate Number: ( No EXHIBIT "B" 798106 AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 798106 Attorney Firm: Phelan Hallinan, LLP Subject: Aaron C. Dirks Property Address: 122 -124 East Main Street, Shiremanstown, PA 17011 Possible Mailing Address: 344 South Lawrence Street, Middletown, PA 17057 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Aaron C. Dirks - xxx -xx -7265 B. EMPLOYMENT SEARCH Aaron C. Dirks - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Aaron C. Dirks reside(s) at: 344 South Lawrence Street, Middletown, PA 17057. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Aaron C. Dirks. B. On 02 -14-14 our office searched directory assistance databases, which had no phone number for Aaron C. Dirks. III. INQUIRY OF NEIGHBORS On 02 -14 -14 our office made several phone calls in an attempt to contact Ruben Abreu (717) 730- 3832,120 East Main Street, Shiremanstown, PA 1701.1: answering machine. On 02 -14 -14 our office made a phone call in an attempt to contact David A. Stoner (717) 766- 5650,112 East Main Street, Shiremanstown, PA 17011: disconnected. On 02 -14 -14 our office made several phone calls in an attempt to contact A. Alleman (717) 763 - 4830,130 East Main Street, Shiremanstown, PA 17011: answering machine. On 02 -14 -14 our office made several phone calls in an attempt to contact Flora M. Reeves (717) 616 -8233, 348 South Lawrence Street, Middletown, PA 17057: answering machine. On 02 -14 -14 our office made several phone calls in an attempt to contact Shibela Goins (717) 616- 8023, 337 South Lawrence Street, Middletown, PA 17057: answering machine. On 02 -14 -14 our office made several phone calls in an attempt to contact Tawny Troche (717) 944 -2371, 343 South Lawrence Street, Middletown, PA 17057: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 02 -14 -14 we reviewed the National Address database and found the following information: Aaron C. Dirks - 344 South Lawrence Street, Middletown, PA 17057. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 344 South Lawrence Street, Middletown, PA 17057. V. OTHER INQUIRIES A. DEATH RECORDS As of 02 -14 -14 Vital Records and all public databases have no death record on file for Aaron C. Dirks. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Aaron C. Dirks -1982 * 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.c::4904 relating to unsworn falsification to authorities. A71-14-C //e/—J The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C" 798106 Name and Address Of Sender L Phelan Hainan, P MO1617 JFK Boulevard, One Paw Canter Philadelphia, PA 1 Number Name of Add 2 *it Mt AARON C. DIRKS 122 -124 EAST MAIN SIIIREMANSTOWN AARON C. DIRKS 344 SOUTH LA MIDDLETOWN, PA RE: AARON C.D and Poet OfTlce Address ET PA 17E1114311 . CE STREET 7057 -1130 (CUMBERLAND) TEAM 4 PH # 798106/1021 Tool Tlaa er of Pieta limed by Stadia dbarof r Pao lof1 5036 Tbm foil ddaeatla rlvisa IN wgYYd a ad darnik rd fainuvoW end atoll. Thom for Mnnouganktirafww/atidds *Mc &matblall&am*masorbaadaio %‘- p ceBibadtesYrtoftSeOAeeprsae wa. TMardMaa•1War ypeahMaLams rwaia•irbWO. Ito radmat bdarNty RAW lafZfP00 kr resold aaa0, rat oi9a apical roam. 5.e Doom* Mal Mori WO PM ad 5921kr**Woogra ma. 7981i Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 FAX #: 215 -568 -7616 E -mail susan.moran@phelanhallinan.com SUSAN P. Moran, Legal Assistant, Ext. 1253 Representing Lenders in Service Department Pennsylvania April 2, 2014 AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057 -1130 RE: SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. v. AARON C. DIRKS Premises Address: 122 -124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011- 6311 CUMBERLAND County, No. 13 -5073 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, Special Service. Please respond to me within one week, by April 9, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP Phelan Hallinan, LLP 798106 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com SUSAN P. Moran, Legal Assistant, Ext. 1253 Representing Lenders in Service Department Pennsylvania April 2,2014 AARON C. DIRKS 122-124 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6311 RE: SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. v. AARON C. DIRKS Premises Address: 122-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011- 6311 CUMBERLAND County, No. 13-5073 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, Special Service. Please respond to me within one week, by April 9, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP 798106 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. v. AARON C. DIRKS Plaintiff Defendant ORDER AND NOW, this Pi' day of CIVIL DIVISION .- ,-_, NO. 13 -5073 CIVIb -1 . rrv� ,-� °73 , ; Z= >n CD , 2014, after consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant AARON C. DIRKS by: REGULAR MAIL at 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057 -1130 and 122 -124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 -6311 Service by mail is complete upon the date of mailing CERTIFIED MAIL at 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057 -1130 and 122 - 124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 -6311 Service by mail is complete upon the date of mailing POSTING 122 -124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 -6311 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). PH # 798106 CC PHELAN HALLINAN, LLP / 1617 JFK Boulevard, Suite 1400 �/ Philadelphia, PA 19103 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. Plaintiff v. AARON C. DIRKS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5073 CIVIL- PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 28, 2013. 2. Judgment was entered on October 23, 2013 in the amount of $160,437.37. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 4, 2014. 798106 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through June 4, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Non Sufficient Funds Charge Escrow Deficit TOTAL $137,585.41 $20,246.62 $929.20 $1,650.00 $713.41 $313.15 $4,410.00 $17.71 $10,585.02 $176,450.52 6. Plaintiff paid the following in property preservation during the time that the loan was in default: 10/23/2012 11/1/2012 3/21/2013 3/21/2013 6/28/2013 7/3/2013 7/15/2013 7/31/2013 8/5/2013 8/27/2013 9/6/2013 9/10/2013 9/23/2013 9/30/2013 11/12/2013 11/12/2013 1.1/13/2013 11/13/2013 12/5/2013 12/11/2013 12/11/2013 PROPERTY SECURING MOLD REMOVAL PROPERTY SECURING WINTERIZATION OCCUPANCY VERIFICATION OCCUPANCY VERIFICATION YARD MAINTENANCE YARD MAINTENANCE OCCUPANCY VERIFICATION YARD MAINTENANCE TRASH REMOVAL YARD MAINTENANCE YARD MAINTENANCE YARD MAINTENANCE OCCUPANCY VERIFICATION OCCUPANCY VERIFICATION YARD MAINTENANCE YARD MAINTENANCE PROPERTY SECURING PROPERTY MAINTENANCE PROPERTY MAINTENANCE $218.00 $1,920.00 $248.00 $250.00 $35.00 $51.00 $100.00 $80.00 $35.00 $80.00 $273.00 $80.00 $80.00 $80.00 $35.00 $35.00 $80.00 $80.00 $60.00 $250.00 $280.00 798106 1/6/2014 PROPERTY SECURING TOTAL $60.00 $4,410.00 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 10. 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 April 23, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B ". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 423/1# By: Phelan Hallinan, LLP Justin F. o . eski, Esquire ATT. ' EY FOR PLAINTIFF 798106 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. Plaintiff v. AARON C. DIRKS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5073 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES BACKGROUND OF CASE AARON C. DIRKS executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 122-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6311. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 798106 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo. 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 798106 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 798106 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 les..2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the teens of the Mortgage. 798106 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 798106 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 798106 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding,windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 798106 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Ju 'in F. eski, Esquire Atto ey for Plaintiff 798106 798106 FILED-OFFICE PHELAN HALLINAN, LLP OF THE PROTHONOTARY Adam H. Davis, Esq., Id. No.203M OCT 23 AM 10: 09 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA Adam.Davis@PhelanHallinan.com 215 -563 -7000 SOVEREIGN BANK, N.A. • Attorney for Plaintiff ERLAND COUNTY vs. COURT OF COMMON PLEAS AARON C. DIRKS CIVIL DIVISION No. 13 -5073 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR F ANSWER AND ASSESSMENT OF D TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against AARON C. DIRKS, 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 tigk TOTAL tik4* $160,437.37 I hereby certify that (1) dant's last known addresses are 344 SOUTH LAWRENCE STREET, MIDDLE OWN, PA 17057 -1130, 122 -124 . 1\M&11V STREET, SHIREMANSTOWN, PA 17011 -6311, and 805 ALLENV 1. " .: 1. CSBURG, PA 17055 -6190, and (2) that notice has been given in accor e Pa.R.C.P 237.1. $160,437.37 Date V72 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. .DATE: fb J I3 PH # 798106 PROTHONOTARY 798106 798106 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Ha Milan, LLP Representing Lenders in Pennsylvania April 16, 2014 AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057-1130 RE: SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. v. AARON C. DIRKS Premises Address: 122-124 EAST MAIN STREET SHIREMANSTOWN, PA 17011 CUMBERLAND County CCP, No. 13-5073 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), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 4/21/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very tr I y your .usth Lobeski, Esq., Id. No.200392 At ley for Plaintiff Enclosure 798106 Name and Address Of Sender Line 2 Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 JOH Name of Addressee, Street, and Post Office Address AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057-1130 Postage 50.47 4 AARON C. DIRKS 122-124 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6311 AARON C. DIRKS 805 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6190 RE: AARON C. DIRKS (CUMBERLAND) PH # 798106/1200 Total Number of Pieces Listed by Sender Form 3877 Facsimile Total Number of Pieces Received at Post Office Page 1 of 1 50.47 50.47 $1.41 Postmaster, Per (Name of Receiving Employee) The full decimation of value is required on all domestic and international registered mail. for the reconstruction of nonnegotiable documents under Express Mail document reconstruction in piece subject to a limit of S500,000 per occurrence. The maximum indemnity payable ontxpress Tile maximum indemnity payable is S25,000 for registered mail, sent with optional insurance. Sod. R900 S913 and S921 for limitations of coverage. 798 i 06. Phelan Hal linan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF SANTANDER BANK, N.A., FORMERLY Court of Common Pleas KNOWN AS SOVEREIGN BANK, N.A. Plaintiff Civil Division v. CUMBERLAND County AARON C. DIRKS No.: 13-5073 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057-1130 AARON C. DIRKS 805 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6190 DATE: By: AARON C. DIRKS 122-124 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6311 Phelan Hal linan, LLP Jus . Kob , Esquire AT •RNEY FOR PLAINTIFF 798106 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. Plaintiff v. AARON C. DIRKS AND NOW, this Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5073 CIVIL RULE 7c. • day of far, p,■ 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs 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 TH COURT 2:3 798106 in F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ZRON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057-1130 C. DIRKS 805 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6190 c0 r&i 16.5-L 1/2()//i( C. DIRKS 122-124 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6311 798106 798106 J'• Phelan Hallinan, LLP `- l''''0 7.RON6 , +. 9 Jonathan Lobb, Esq., Id. No.312174 j(j« ��� �TTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400i� If): 05 One Penn Center Plaza ��t`��ER� {� Philadelphia, PA 19103 PENNSYLVANIA' T 'r Jonathan.Lobb@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. Plaintiff vs. AARON C. DIRKS Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5073 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 30, 2014 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. AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057-1130 AARON C. DIRKS 805 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6190 DATE: 516V, AARON C. DIRKS 122-124 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6311 Phelan Hallinan, LLP By: ITS JJr an Lo •b, Esq., Id. No.312174 Attorney for Plaintiff 798106 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax 215-568-7616 KIM ZIELINSKI Legal Assistant, 1328 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 FiLED-OF,T:E OF THE .'PR.OTHO dO.TARY 2QI11 MAY 19 AM I0: GB CUMBERLAND COUNTY PENNSYLVANIA Representing Lenders in Pennsylvania No.: 13-5073 CIVIL Re: SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. VS. AARON C. DIRKS No.: 13-5073 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.2 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/04/2014 Sheriff Sale.** 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. By: cc: Sheriff of CUMBERLAND County PH # 798106 Very truly yours, Phelan Hallinan, LLP KIM ZIELINSKI, Legal Assistant PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A., FORMERLY KNOWN CUMBERLAND COUNTY AS SOVEREIGN BANK, N.A. Plaintiff, COURT OF COMMON PLEAS v. . CIVIL DIVISION AARON C. DIRKS No.: 13-5073 CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 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 Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: 5//‘11 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 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. PH # 798106 Santander Bank, N.A., Formerly Known as Sovereign COURT OF COMMON PLEAS Bank, N.A. Plaintiff CIVIL DIVISION v. NO.: 13-5073 CIVIL Aaron C. Dirks Defendant(s) CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Santander Bank, N.A., Formerly Known as Sovereign Bank, N.A., Plaintiff in the above action, by the undersigned attomey, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 122-124 East Main Street, Shiremanstown, PA 17011-6311. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Aaron C. Dirks 122-124 East Main Street Shiremanstown, PA 17011-6311 2. Name and address of Defendant(s) in the judgment: Name Aaron C. Dirks Address (if address cannot be reasonably ascertained, please so indicate) 122-124 East Main Street Shiremanstown, PA 17011-6311 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) None. 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) Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 Lower Allen Township Authority C/O Steven P. 635 North 12th Street, Suite 101 Miner, Esq. Lemoyne, PA 17043 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) PH # 798106 None. 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 Tenant/Occupant Tenant/Occupant Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Address (if address cannot be reasonably ascertained, please indicate) 122-124 East Main Street Shiremanstown, PA 17011-6311 122 East Main Street Shiremanstown, PA 17011-6311 124 East Main Street Shiremanstown, PA 17011-6311 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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: SO//f< PH # 798106 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Address Of Sender ' Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia PA 19103 Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** Lower Allen Township Authority C/O Steven P. Miner, Esq. 50.48 635 NORTH 13TH STREET, SUITE 101 LEMOYNE, PA 17043 RE: AARON C. DIRKS (CUMBERLAND) PH # 798106/1026 Page 1 of 1 45 Day 50.48 Taal Number of Total Mabee of Pieces Poems ter, Per(Name of The NI declaration of vahu is segoised ekt mdldm�ader Pieces limed by Swim Received at Pop Office Rccn g Empbyee) fardfe reocootmeioe of oeome Exinterntd don jorisbiodoaemmb ruder Exams Moa dteomxst rewnsotacaiom sa reccommatt - piece subjects* a limit of S500,000 per oesmnma. Themaximum Warmth" payable m Express The mramum indemnity payable is S2S,000 fa repmend raml, am *Pi optiomdiesuneoe. See R900 SSI 3 rid 592% for limitations oft mange. orm 3877 Facsimile PH # 798106 111 It! l etoSi I ti qe Pi Name and Address Of Sender Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/RMS - 06/04/2014 SALE Name of Addressee, Street, and Post Office Address TENANT/OCCUPANT 122-124 EAST MAINSTREET SHIREMANSTOWN, PA 17011-6311 Postage $0.45 LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, PA 17013 $0.45 $0.45 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 US. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 TENANT/OCCUPANT 122 EAST MAIN STREET SHIREMANSTOWN, PA 17011.6311 TENANT/OCCUPANT 124 EAST MAIN STREET SHIREMANSTOWN, PA 17011=6311 IREM R+QiV1',t ODSMARIIMBRMND Plc 7.98106/1021 Total Number of Pieces Listed by Sender Total Heather of Placa Received at Post Office Postmaster, Per (Name of Receiving Employee) Farm 3877 Facsimile The full declaration of value is required on all domestic and international registered mall. The nuutimum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $54,000 per Piece subject tea limit °ISS00,000 per occonrcnce. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mall, sem with optional insurance. Sec Domestic Mail Manual R900 S913 and 5921 for limitations of coverage.. Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392; 1617 JFK Boulevard, Suite 1400 , w` = i . One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 C( 29 AHD CU1'BEF1LA D CQU'.i PE ft Y'LVANiA 11,+ ' ATTORNEY FOR PLAINTIFF SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. Plaintiff vs. AARON C. DIRKS Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5073 CIVIL MOTION TO MAKE RULE ABSOLUTE SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A., 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 24, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about April 30, 2014 directing the Defendant to show cause by May 20, 2014 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 A. 3. The Rule to Show Cause was timely served upon all parties on May 8, 2014 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 B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 20, 2014. 798106 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. By: Phelan ma LLP Justin F. �: • es . Esq., Id. No.200392 Atto ./ or ' aintiff 798106 Exhibit "A" AIONIUMP 798106 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. Plaintiff V. AARON C. DIRKS Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5073 CIVIL RULE AND NOW, this 304"\- day o 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs 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 kedIAM: J, 798106 Justin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 170574130 AARON C. DIRKS 805 ALLENVIEW DRIVE MECHANICSBLTRG, PA 17055-6190 AARON C. DIRKS 122-124 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6311 798106 798106 Exhibit "B" 798106 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF SANTANDER BANK, N.A., FORMERLY Court of Common Pleas KNOWN AS SOVEREIGN BANK, N.A. Plaintiff Civil Division vs. CUMBERLAND County AARON C. DIRKS No.: 13-5073 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 30, 2014 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. AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057-1130 AARON C. DIRKS 805 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6190 DATE: By: AARON C. DIRKS 122-124 EAST MAIN S.FREET SHIREMANSTOWN, PA 17011-6311 Phelan Hallinan, LLP " an Lo b, Esq.. Id. No.312174 Attorney for Plaintiff 798106 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF SANTANDER BANK, N.A., FORMERLY Court of Common Pleas KNOWN AS SOVEREIGN BANK, N.A. Plaintiff Civil Division vs. CUMBERLAND County AARON C. DIRKS No.: 13-5073 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057-1130 AARON C. DIRKS 805 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6190 DATE: By: Justin F. ' obeski, ' sq., Id. No.200392 Atto - -y for Plaintiff AARON C. DIRKS 122-124 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6311 Phelan i; n, LLP 798106 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. Plaintiff vs. AARON C. DIRKS Defendant Court of Common Pleas Civil Division -�3 rr-103 a. c_. rrl CUMBERLAND Cy No.: 13-5073 CIVIIc' C) ORDER AND NOW, this 7:-.) day of ,,,�. , 2014, upon consideration of Plaintiff s CD • 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 Plaintiffs 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 Interest Through June 4, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Non Sufficient Funds Charge Escrow Deficit TOTAL Plus interest at six percent per annum. Note: The above figure is not a payoff quote. figure. �p IaS ff& t.. J• Ko6eskt istls 1,44/11/ $137,585.41 $20,246.62 $929.20 $1,650.00 $713.41 $313.15 $4,410.00 $17.71 $10,585.02 $176,450.52 Sheriffs commission is not included in the above 798106 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. vs. AARON C. DIRKS Plaintiff Defendant OU!1r3ERL/ Q cOU TY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-5073 CIVIL 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 and certified mail, return receipt requested, to AARON C. DIRKS on 4/29/2014 in accordance with the Order of Court dated 4/14/2014. The property was posted on 4/30/2014. 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. DATE: Phelan Hallinan, LLP By: Meredith ooters, Esq., I . 0.307207 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. CIVIL DIVISION v. AARON C. DIRKS Plaintiff NO. 13-5073 CIVIL Defendant ORDER AND NOW, this `t day of , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a);• service of the Notice of Sale is permitted on Defendant AARON C. DIRKS by: REGULAR MAIL at 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057-1130 and 122-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6311 Service by mail is complete upon the date of mailing CERTIFIED MAIL at 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057-1130 and 122-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6311 Service by mail is complete upon the date of mailing POSTING 122-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6311 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). PH#798106 CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 OURT: „h1ll AN NI at AJ J. Name and of PHELAN HALLINAN d'i SCHMIEG !dress MI. One Penn Center at Snbtuban, Suite 1400 Sender PhiladelphiaPA 19103 Line Article >' 11 CI 1 •••• AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN PA 17057 ,,,ilt0 '� j1 o vq 2 •«• AARON C. DIRKS 122-124 EAST MAIN STREET SHIREMANSTOWN, PA 17011 C_ 111 7>v, ° 1 oi "' woi 3 4 •w• 9: . ti.. 5 a" •:`" 6 wars S tls4 A. 7 ••r• w i G� 9 rw•• \'•: •AFFIDAVIT. OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. P11#798106 DEFENDANT SERVICE TEAM/ sol AARON C. DIRKS COURT NO.: 13-5073 SERVE AARON C. DIRKS AT: 122-124 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6311 ****PLEASE POST THE PROPERTY*** ***PLEASE POST THE PROPERTY PER THE COURT ORDER*** SERVED A Served and made known to AARON C. DIRKS, Defendant on the301'day of A -pm L , 214at -ate o'clock M., at 122-124 EAST MAIN STREET SHII2EMANSTOWN PA 1701 L-6311, in • described below: _ Defendant 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 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 06/04/2014 Description: Age Height Weight Race Sex Other. 1, Ronald Mill , a competent adult, hereby verify that I personally posted the property wi true •and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case the date and at the address indicated above. I understand that this stateme 's made subject to the penalties of 18 Pal C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 4(3414 NAME: Rona d Mo PRINTED NAME Trt']E: process Server NOT SERVED On the day of,20 , at o'clock. M., I, a c • • tent adult hereby state tha T.Wendant NOT FOUNTS because: — Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vac. nt) _ No Answer on at at Service Refused Other. II I understand that this statement is made subject to the penalties of 18 Pa. CS. Sec. 4904 dating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FORTL61NT7rF Lawrence T. Phelan. Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No_ 62695 Daniel G. Sclnnieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenne 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 Cbrisovalante P. Fliakos, Esq., Id. No. 94620 Coertenay R. Dunn, Esq.. Id. No. 206779 Mario J. Hanyon, Esq., ld.No. 203993 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Justin F. Kobeski, Esq., Id. No. 200392 �3 11 1 1 USPS CERTIFIED MAILTM 1 9214 8969 0096 4000 0280 41 LNM / 798106 AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057-1130 --fold here (regular) -- fold here (6x9) --fold here (regular) 11 1 1 USPS CERTIFIED MAIL" 1 9214 8969 0096 4000 0280 58 LNM / 798106 AARON C. DIRKS 122-124 EAST MAIN STREET SHIREMANSTOWN, PA 1 701 1-631 1 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.com® - USPS TrackingTM Page 1 of 1 English Customer Service USPS Mobile USPS.COM* Quick Tools USPS TrackingTM Ship a Package Tracking Number: 9214896900964000028058 Product & Tracking Information Postal Product: Features: First -Class Mail® Certified Mail'" May 12, 2014 , 10:35 am Delivered Send Mail Manage Your Mail PHILADELPHIA, PA 19103 Your item was delivered at 10:35 am on May 12, 2014 in PHILADELPHIA, PA 19103. 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Customer Service , Forms & Publications • Delivering Solutions to the Last Mile , Careers Site Index i+USpscom j Copyright© 2014 USPS. All Rights Reserved. Business Customer Gateway Postal Inspectors' Inspector General Postal Explorer Nationat Postal Museum . https://tools.usps.com/go/TrackConfirmAction.action?tLabels=9214896900964000028058 5/22/2014 USPS.com® - USPS TrackingTM English Customer Service USPS Mobile P.C.COM Quick Tools USPS TrackingTM Ship a Package Send Mail Manage Your Mail Tracking Number: 9214896900964000028041 Expected Delivery Day: Thursday, May 1, 2014 Product & Tracking Information Postal Product: Features: First -Class Mail® Certified Mail's May 1, 2014 , 1:13 pm Delivered MIDDLETOWN, PA 17057 Your item was delivered at 1:13 pm on May 1, 2014 in MIDDLETOWN, PA 17057. May 1, 2014, 9:16 am May 1, 2014, 9:06 am May 1, 2014, 8:39 am May 1, 2014, 1:15 am April 30, 2014 , 10:07 pm April 29, 2014 , 8:55 pm April 29, 2014 , 7:16 pm April 29, 2014 , 6:01 pm April 25, 2014 Out for Delivery Sorting Complete Arrival at Unit Depart USPS Sort Facility Processed through USPS Sort Facility Depart USPS Sort Facility Processed at USPS Origin Sort Facility Accepted at USPS Origin Sort Facility Electronic Shipping Info Received MIDDLETOWN, PA 17057 MIDDLETOWN, PA 17057 MIDDLETOWN, PA 17057 HARRISBURG, PA 17107 HARRISBURG, PA 17107 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19103 Page 1 of 2 Register / Sign In Search USPS.com or Track Packages Subr Shop Business Solutions Customer Service r Have questions? We're here to help. Available Actions Return Receipt Electronic USPS Text Tracking." Email Updates Track Another Package What's your tracking (or receipt) number? LEGAL Privacy Policy • Terms of Use FOIA • ON USPS.COM Government Services Buy Stamps 8 Shop • Print a Label with Postage Track It ON ABOUT.USPS.COM About USPS Home • Newsroom • USPS Service Alerts OTHER USPS SITES Business Customer Gateway • Postal Inspectors • Inspector General • https://tools.usps.com/go/TrackConfirmAction.action?tLabels=9214896900964000028041 5/22/2014 • USPS.com® - USPS TrackingTM Page 2 of 2 No FEAR Act EEO Data •Customer Service •• ' Forms 8 Publications •• •• Postal Explorer •• • ' • Delivering Solutions to the Last Mile > Careers > National Postal Museum • Site Index • gaUSPS [ A E Copyright© 2014 USPS. All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction.action?tLabe1s=9214896900964000028041 5/22/2014 Ron fly R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHER F'S OFFICE OF CUMBERLAND COUNTY OFFICE Or-' THE SKERIFF [i;�-"_` THE PRO'KDN^\` JUL \ . O ~ .,.�� . CUMBERLAND COUNTY ''�- �J1 �\& - p��Q�y[YA.`'' Sovereign Bank NA. vs. Aaron C Dirks Case Number 2013-5073 SHERIFF'S RETURN OF SERVICE 03/24/2014 05:06 PM - Deputy Ryan Burgett, 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 122-124 East Main Street, Shiremanstown - Borough, Shiremanstown, PA 17011, Cumberland County. 06/84/2014 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 Cadiq|e Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of ,Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $900.24 SO ANSWERS, ' ^v� June 20, 2014 RON.,. R ANDERSON, SHERIFF On January 27, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Shiremanstown Borough, Cumberland County, PA, Known and numbered as, 122-124 East Main Street, Shiremanstown, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: January 27, 2014 Li:01V 9!Mrshlll Vei =313:10� By: cit -eat T31(-1-u—Igt Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-5073 Civil Term Sovereign Bank N.A. vs. Aaron C. Dirks Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13-5073 CIVIL, SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. v. AAR- ON C. DIRKS owner(s) of property situate in the SHIREMANSTOWN BOROUGH, CUMBERLAND County, Pennsylvania, being 122-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-6311. Parcel No. 37-23-0555-141 and 37-23-0555-140. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $160,437.37. 49 The Patriot -News Co. 2020 Technology, Pkwy. Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 1it patriot*News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller 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. 2013-5073 Civil Term Sovereign Bank N.A. Vs Aaron C. Dirks Atty: Joseph Schalk By virtue of a Writ Qf Execution No. 13-5073 CIVIL SANTANDER BANK, FORMERLY KNOWN SOVEREIGN BANK, N.A. ON C. DIRKS er(s) of property situate in the IREMANSTOWN ,BOROUGH, MBERLAND County, Pennsylvania, being 122-124 EAST MAIN STREET, SHIREMANSTOWN, PA 17011- 6311 Parcel No. 37-23-0555-141 and 37-23- 0555-140 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $160,437.37 N.A., AS This ad ran on the date(s) shown below: 04113/14 04/20/14 • 04/27/14 Sworn o : nd subscribed befo this 02 day of May, 2014 A.D. Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Aaron C Dirks is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 15th day of January, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 5073, at the suit of Santander Bank N A fka Sovereign Bank N A against Aaron C Dirks is duly recorded as Instrument Number 201414921. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ) 1) * day of ,A.D. (011.1 Kecor ofeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018