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HomeMy WebLinkAbout13-6765 Qupreme Court of Pennsylvania Courf6T Common Pleas 1? ! t � ��'l,a For Prothonotary Use Only: Civil° , C ov ek, Sheet 4 CUA BER�I; ^ANON I County Docket No: C "Is rte_ The information collected on this form is used solely for court administration purposes. This form does not supp lement 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: JPMORGAN CHASE BANK, Lead Defendant's Name: DOUGLAS HEFFERNAI�HEISEN T NATIONAL ASSOCIATION I Are money damages requested? ❑ Yes Z No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) Z outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes Z No A Name of Plaintiff /Appellant's Attorney: Adam H. Davis, Esq., Id. No.203034, Phelan Hallinan LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel 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: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations Z Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01 /01/2011 R O T f'fCyOTAR r NOV. 15 f- 1,0: 5 v UMSERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215 -563 -7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS 1111 POLARIS PARKWAY COLUMBUS, OH 43240 CIVIL DIVISION Plaintiff TERM n I v. NO. 2 j. DOUGLAS HEFFERNAN- HEISEN, in his capacity as Administrator and Heir of the Estate of RICHARD F. CUMBERLAND COUNTY HEISEN Q� File #: 926590 807 STRATFORD DRIVE CARLISLE, PA 17013 -3538 GREGORY HEFFERNAN - HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN 124 BROOKSTONE DRIVE PRINCETON, NJ 08540 COURTNEY LEIGH HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN 139 WEST 15TH STREET, APT 3R NEW YORK, NY 10011 CYNTHIA ANN HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN 124 EAST 24TH STREET, APT2K NEW YORK, NY 10010 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED 807 STRATFORD DRIVE CARLISLE, PA 17013 -3538 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 926590 1. Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS HEFFERNAN - HEISEN, in his capacity as Administrator and Heir of the Estate of RICHARD F. HEISEN 807 STRATFORD DRIVE CARLISLE, PA 17013 -3538 GREGORY HEFFERNAN - HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN 124 BROOKSTONE DRIVE PRINCETON, NJ 08540 COURTNEY LEIGH HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN 139 WEST 15TH STREET, APT 3R NEW YORK, NY 10011 CYNTHIA ANN HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN 124 EAST 24TH STREET, APT2K NEW YORK, NY 10010 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED 807 STRATFORD DRIVE CARLISLE, PA 17013 -3538 who is /are the real owner(s) of the property hereinafter described. 3. On 06/11/2010 RICHARD F. HEISEN made, executed and delivered a mortgage upon the premises hereinafter described to JPMORGAN CHASE BANK, N.A. , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 201017883.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. File #: 926590 1019(g); which Rule relieves JPMORGAN CHASE BANK, NATIONAL ASSOCIATION from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 07/18/2013: Principal Balance $165,661.78 Interest from $4,831.82 12/01/2012 through 06/30/2013 Late Charges $0.00 Property Inspections $70.00 Subtotal $170,563.60 Less Escrow Balance 271.62 TOTAL $170,291.98 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. The mortgage premises are vacant and abandoned File #: 926590 9. Mortgagor RICHARD F. HEISEN died on 05/11/2013, and DOUGLAS HEFFERNAN- HEISEN was appointed Administrator /trix of his estate. Letters of Administration were granted to him on 06/20/2013 by the Register of Wills of CUMBERLAND COUNTY, No. 21 -13 -687. The Decedent's surviving heirs at law and next -of -kin are DOUGLAS HEFFERNAN- HEISEN, GREGORY HEFFERNAN - HEISEN, COURTNEY LEIGH HEISEN, and CYNTHIA ANN HEISEN. 10. Plaintiff does not hold the named Defendants, DOUGLAS HEFFERNAN- HEISEN, GREGORY HEFFERNAN- HEISEN, COURTNEY LEIGH HEISEN, and CYNTHIA ANN HEISEN, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $170,291.98, 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: /r ,/ 0"1 % Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff File #: 926590 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land located on the northeast corner of Glendale street and Stratford drive in the Third ward of the borough of Carlisle, Cumberland county, Pennsylvania, as shown on the plan of section 'D' of Heatherlands recorded in the hereinafter named recorder's office in plan book 15, page 39, and more particularly bounded and described as follows: BEGINNING at a point in the line dividing lots nos. 59 and 60; thence southwardly along the east side of Glendale street 127.31 feet; thence by a curve to the left at the northeast corner of the intersection of said streets a distance of 39.27 feet to a point on the north side of Stratford drive; thence eastwardly along the north side of Stratford drive 128.09 feet to a point, which point is in line dividing lot no. 59 from lots nos. 82 and 83; thence along said last mentioned dividing line, north 04° 55' 50" west 176.51 feet to a point in the line dividing lots nos. 59 and 60; thence by said last mentioned dividing line, south 85° 04' 10" west 150.00 feet to the place of beginning. BEING all of lot no. 59, as shown on the plan of section 'D' of Heatherlands recorded as aforesaid, and having thereon erected a two -story brick and aluminum siding covered dwelling house with attached two -car garage, being known as no. 807 Stratford drive, Carlisle, Pennsylvania. TORRENS certificate number 164,900 APN# 04 -22- 0481 -036 PROPERTY ADDRESS: 807 STRATFORD DRIVE, CARLISLE, PA 17013 -3538 File #: 926590 PARCEL #04 -22- 0481 -036. File #: 926590 VERIFICATION hereby states that h she ' Vice President of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Vice Presiden Date: // 4 ^ � D JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Borrower: HEISEN Property Address: 807 STRATFORD DRIVE, CARLISLE, PA 17013 -3538 County: CUMBERLAND Last Four of Loan Number: 9020 file #: 926590 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 #: 926590 y' FORM I IN THE COURT OF COMMON PLEAS JPMORGAN CHASE BANK, NATIONAL OF CUMBERLAND COUNTY, PENNSYLVANIA ASSOCIATION Plaintiff(s) vs. DOUGLAS HEFFERNAN - HEISEN, in his capacity as Administrator and Heir of the Estate of RICHARD F. HEISEN GREGORY HEFFERNAN- HEISEN, in his capacity ; as Heir of the Estate of RICHARD F. HEISEN COURTNEY LEIGH HEISEN, in her capacity as c' r Heir of the Estate of RICHARD F. HEISEN r ' CYNTHIA ANN HEISEN, in her capacity as Heim of the Estate of RICHARD F. HEISEN© UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, r � " AND ALL PERSONS, FIRMS, OR ` ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. J S 4 HEISEN, DECEASED 1 J Defendant(s) � IIUU 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 a lawyer, 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 contact Mid?enn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal represeltative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all 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 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 out reasonable arrangements with your lender before the mortgage foreclosure 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 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 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 tomeet with a representative of your lender in an attempt to work out reasonable arguments 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: Date Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas 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 counseling agency. Please provide the following information to the best of your knowledge: CUSTOM ER/PRI MARY 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): City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: 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: 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. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net 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 nd 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 /Tait. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ 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 known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: 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 counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. 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) AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION CI p PH#926590 ,. "= ° DEFENDANT SERVICE TEAM/mjg r�r1 (.- DOUGLAS HEFFERNAN-HEISEN COURT NO.:13-6765-CIVIL .z.-i;__ '"1 GREGORY HEFFERNAN-HEISEN W COURTNEY LEIGH HEISEN ,,��' CYNTHIA ANN HEISEN '� y"' --- UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL 17 Cl PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, .- Y TITLE OR INTEREST FROM OR UNDER RICHARD F.HEISEN, 37"'''' G,? DECEASED .- d' SERVE COURTNEY LEIGH HEISEN AT: TYPE OF ACTION 139 WEST 15TH STREET XX Mortgage Foreclosure APT 3R XX Civil Action NEW YORK,NY 10011 SERVED Served and mad known to COURTNEY LEIGH HEISEN,Defendant on the 10 day ofd-1p.) ,20 I -at 11,2S ,o'clock f.M.,at (3 9 k/E5t 1st h 5-T ,in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is . dult in charge of Defendant's residence who refused to give name or relationship. XA 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 tp() Height j IC) Weight 170 Race 1A.i Sex M_Other I, 6E-tM 44 a►4, a competent adult, being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein,issued in the captioned case on the date and at the address indicated alataue MTNARr /- 8- /y Sworn to and subscribed NOTARY PUBLIC before me this da STATE OF NIF,W JERSEY y of ji 20 14 MN MY CO MISSION ExP1REb JULY 31,2014 ,reit___ 0��'' NOT SERVED On the da, z ,20_,at o'clock .M.,I, ,a competent adult hereby state that Defendant NOT FOUND because: Bernard Harris Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) Bernard Snook 4d 264 No Answer on at ,• at _Service Refused Fishkill, NY 12524 Other: (845) 656-4108 Sworn to and subscribed before me this day of ,20 . By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Mario J.Hanyon,Esq.,Id.No.203993 Daniel G.Schmieg,Esq.,Id.No.62205 John M.Kolesnik,Esq.,Id.No.308877 Michele M.Bradford,Esq.,Id.No.69849 Matthew G.Brushwood,Esq.,Id.No.310592 Judith T.Romano,Esq.,Id.No.58745 Zachary J.Jones,Esq.,Id.No.310721 Jenine R.Davey,Esq.,Id.No.87077 Justin F.Kobeski,Esq.,Id.No.200392 Lauren R.Tabas,Esq.,Id.No.93337 Adam Davis,Esq.,Id.No.203034 Jay B.Jones,Esq.,Id.No.86657 Joseph E.DeBarberie,Esq.,Id.No.315421 Andrew L.Spivack,Esq.,Id.No.84439 EMILY M.PHELAN,Esq.,Id.No.315250 One Penn Center at Suburban Station Harris 1617 John F.Kennedy Blvd., 2149'ilook Rd Fishkill, NY 12524 (845) 656-4108 2.1 J PHELAN HALLINAN,LLP Emily M.Phelan,Esq.,Id.No.315250 1617 JFK Boulevard,Suite 1400 PEj >! S YL I/ Oljt T Y One Penn Center Plaza ANIA Philadelphia,PA 19103 en-ily.phelan@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. DOUGLAS HEFFERNAN-HEISEN, in his No. 13-6765-CIVIL capacity as Administrator and Heir of the Estate of RICHARD F. HEISEN GREGORY HEFFERNAN-HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN COURTNEY LEIGH HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN CYNTHIA ANN HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN,DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE C 3 s 2*- «Cow y TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN LLINAN, LLP By: Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff Date: /nru, Svc Dept. File#926590 21114 JAN 28 Ati 10: 4- Ut1DB RLfi $� on! N �' }� LVANol Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL • COURT OF COMMON PLEAS ASSOCIATION • CIVIL DIVISION • • vs. • NO. 13-6765-CIVIL DOUGLAS HE>~'1~'>JRNAN-HEISEN, in his CUMBERLAND COUNTY capacity as Administrator and Heir of the Estate of • RICHARD F. HEISEN • ET AL. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, respectfully requests that this Honorable Court enter an ORDER granting Plaintiff's Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. On June 11, 2010, RICHARD F. HEISEN made, executed, and delivered a mortgage upon the premises at 807 STRATFORD DRIVE, CARLISLE, PA 17013-3538. 2. The loan is in default as payments due January 1, 2013 and each month thereafter are due and unpaid. 926590 3. Real Owner RICHARD F. HEISEN died on May 11, 2013, and DOUGLAS HEFFERNAN-HEISEN was appointed Administrator of his estate. Letters of Administration were granted to him on June 19, 2013 by the Register of Wills of CUMBERLAND County, No. 21-12-687. Decedent's surviving heir(s) at law and next-of-kin are DOUGLAS HEFFERNAN- HEISEN, GREGORY HEFFERNAN-HEISEN, COURTNEY LEIGH HEISEN and CYNTHIA ANN HEISEN. A copy of the estate documents, which have been redacted to remove personal identifying information, are attached hereto, made part hereof, and marked as Exhibit "A". 4. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate the heirs of RICHARD F. HEISEN. Plaintiff's Investigation located an Obituary for RICHARD F. HEISEN. The Obituary states the deceased borrower is survived by a his children, HEFFERNAN-HEISEN, GREGORY HEFFERNAN-HEISEN, COURTNEY LEIGH HEISEN and CYNTHIA ANN HEISEN Heirs of RICHARD F. HEISEN, Deceased. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 5. By letter dated September 16, 2013, Plaintiff contacted DOUGLAS HEFFERNAN-HEISEN, GREGORY HEF'FERNAN-HEISEN, COURTNEY LEIGH HEISEN and CYNTHIA ANN HEISEN to inform them of the foreclosure action. Plaintiff attached with its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested information regarding the heirs of RICHARD F. HEISEN. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiffs letter. 6. On November 15, 2013, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "D" is a true and correct copy of the Complaint in Mortgage Foreclosure. 926590 7. Plaintiff named as a defendant, the unknown heirs, successors, assigns, and all persons, firms or associations claiming right, title or interest from or under the decedent record owner in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriffs auction. See Exhibit "D." 8. Because there may be parties with an interest in the mortgaged premises that are unknown,Plaintiff must effectuate service through Special Order of Court. 9. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that No Judge has previously entered a ruling in this case. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on January 13, 2014, and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "E." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by regular mail, by posting of the mortgaged premises, and by publication. Respectfully submitted, PHELAN HALLINAN, LLP Date: t (27/1c( By: / Jon.,0 an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 926590 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL • COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION • vs. • NO. 13-6765-CIVIL • DOUGLAS HEFFERNAN-HEISEN, in his • CUMBERLAND COUNTY • capacity as Administrator and Heir of the Estate of • RICHARD F. HEISEN ET AL. MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). 926590 • Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation that has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit `B" is a copy of the Affidavit of Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa.Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff's sale. Title companies customarily require foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. Finally, Plaintiff is seeking only to enforce an in rem judgment through the foreclosure of the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the requested relief. PHELAN HALLINAN, LLP Date: l 12 71) By: /1Ir/ J o/tthan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff 926590 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL • COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION vs. NO. 13-6765-CIVIL DOUGLAS HEFFERNAN-HEISEN, in his CUMBERLAND COUNTY • capacity as Administrator and Heir of the Estate of • RICHARD F. HEISEN ET AL. CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service was served by regular mail on Defendant(s)on the date listed below: DOUGLAS HEFFERNAN-HEISEN 807 STRATFORD DRIVE CARLISLE, PA 17013-3538 GREGORY HEFFERNAN-HEISEN 124 BROOKSTONE DRIVE PRINCETON,NJ 08540 COURTNEY LEIGH HEISEN 139 WEST 15TH STREET, APT 3R NEW YORK, NY 10011 CYNTHIA ANN HEISEN 124 EAST 24TH STREET,APT2K NEW YORK, NY 10010 926590 Exhibit "A" ROW460D Cumberland County - Register Of Wills Estate Inquiry File No 21 2013-00687 PA File No 21-2013-0687 Decedent HEISEN RICHARD F Page 1 of 1 FIRST ENTRY 6/19/13 PETITION FOR GRANT OF LETTERS OF ADMINISTRATION DEATH CERTIFICATE OATH OF PERSONAL REPRESENTATIVE RENUNCIATIONS (3) HMW 6/20/13 DECREE OF PROBATE & GRANT OF LETTERS ADMINISTRATION HMW 6/25/13 CERTIFICATION OF NOTICE UNDER RULE 5. 6 (A) CAJ LAST ENTRY F2=Done F12=Cancel F17=Top F18=Bottom PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information �•�^' rrry Name: Richard F.Heisen File No: ly� tt�� chi a/k/a: (Assignacttb 'R iste4 in 23 r— czi _ m rrt rn a/k/a: Social Security prig Date of Death: May 11,2013 Age at death: 68 v n c, -t� -rt -n C '? O - 3 "tt Decedent was domiciled at death in Cumberland County,Pennsylvania o C (State)withSsiEer last principal residence at 807 Stratford Drive Carlisle Borough . •■ t!-rland Street address,Post Office and Zip Code City,Townehip or Boesch nasty Decedent died at 940 Walnut Bottom Road South Middleton Township Cumberland PA Street address,Poet Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania. All personal property S 5,000.00 If not domiciled in Pennsylvania. Personal property in Pennsylvania S If not domiciled in Pennsylvania. Personal property in County S Value of real estate In Pennsylvania. S 19S J01 llU, TOTAL ESTIMATED VALUE. ... S 200.000.00 Real estate in Pennsylvania situated at: 807 Stratford Drive Carlisle Borough Cumberland (Attach additional sheets,fnecessary.) Street address,Post Office and Zip Code City,Township or Borough County ❑ A. Petition for Probate and Grant of Letters Testamentary, Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated and Codicil(s) thereto dated State relevant drenautatees(e.g renuaclatlo,,death of executor,etc.) Except as follows:after the execution of the instrument(s)offered for probate Decedent did not many,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ©NO EXCEPTIONS 0 EXCEPTIONS ® B. Petition for Grant of Letters of Administration (If applicable) e.t.a.,d.b.n.,d.b.n.e.t.a.,pendente lite,durante absentia,durante minoritate If Administration,e.t.a.or db,n.at.a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS 0 EXCEPTIONS Petitioners),after a proper search has/have ascertained that Decedent left no Will and was survivedby the fol lowing spouse(ifany)and heirs(atroth additional sheets,if necessary): Name Relationship / Address Cynthia Ann Heisen Daughter 124 East 24th St,Apt 2K,New York NY 10010 Courtney Lesgh Heisen Daughter 139 West 15th Street,Apt 35.,New York,NY 10011 Gregory Heffernan Heisen Son 124 Brookstone Drive,Princeton,NJ 08540 Douglas Heffernan Heisen Son 807 Stratford Drive,Carlisle,PA 17013 Form RW-02 rev,10/11/20!! Page 1 of 2 Oath of Personal Representative h Official u'�911y c w � rn rn COMMONWEALTH OF PENNSYLVANIA } CD M 47 } SS: rn : c-) z c, P, COUNTY OF Cumberland } ,- a rn to � +S am Petitioner(a)Printed Name Petitioners)Printed Mkt" Pc o ca O M '*t ° O -11 M,,,, -rl Douglas H.Heisen 807 Stratford Drive,Carlisle,PA 17013 0 C _. n -a —i r-' rrt Z.). G.) "I The Petitioner(s)above-named swear(s)or affirms)the statements in the foreg•'..:Mi.". arc true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Dec!:` the P,∎•n• it;AMU ll and truly administer the estate according to law. Sworn to • .,firmed .41g, subset•ed before il....r ,%Ir%' Date 6- /9 — /3. me this, gir day of .../,_,„„," ✓r ♦.��� Date By: /. �l.I�Ii -, t Date r •Register Date BOND Required: a YES 0 NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters $ 260.00 Attorney Signature. ( 6)Short Certificate(s) 30.00 ( 3)Renunciation(s), 15.00 ( )Codicil(s). ( )Affidavit(s) Bond. Printed Name: •-than C.Wolf,Esquire Commission Supreme Court Other ID Number: 87380 Inventory fee 15.00 Inheritance tax return 15.00 Firm Name: Wolf&Wolf,Attorneys at Law Address: 10 West High Street Carlisle.PA 17013-2972 Phone: 717-241-4436 Automation Pee. 5.00 Fax: 717-241-4437 JCS Fee. 23.50 Email: nathancwnif&mharomnailcom TOTAL S 363.50, DECREE OF THE REGISTER ll Estate of Richard F.Heisen File No: 2-13 t7 Y 7 a/k/a: /� AND NOW, ALIZt 2O , taig ,in consideration of the foregoing Petition, satisfactory proof ving been presented before me,IT IS DECREED that Letters of Administration are hereby granted to Douglas H.Heisen in the above estate and(if applicable)that the instrument(s)dated described in the Petition be admitted to probate and filed of re •rd - the last ill(and Codicil(s of Decedent. .I �.l.l.' a 41.1_1 'if. At/.1 _/. 'i,' Register of Wills � 7, Porn,RW-02 rev.10111/2011 / 4.6.- •:ge 2 '�' • r-: RENUNCIATION x 0 o REGISTER OF WILLS A m rn Cumberland COUNTY,PENNSYLVANIA v= pc o a c� oQ 3 � -�n 2l-13 1.17 A W co a Estate of Richard F.Heisen ,Deceased I, Cynthia Ann Heisen , in my capacity/relationship as (Print Name) daughter of the above Decedent,hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Douglas Heisen • June 2013 (Date) (Signature) 124 East 24th Street,Apt.2K (Street Address) . New York,NY 10010 • (City,State.Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed a d, .bscribed Before the undersigned personally appeared the before this • r day party executing this renunciation and certified of ,��i , ..e.. that he or she executed the renunciatio the purposes d within on this /3 day Deputy for Register of Wills ,,o • blic My Commission Expires: • (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev.10.13.06. 1tto, > oar. Imo`' 1 RENUNCIATION REGISTER OF WILLS 70 Cumberland COUNTY,PENNSYLVAI ° o xi- 13-G/7 rn � 0 tn � cn GO ;t � C) "TI - Estate of Richard F.Heisen ,� =� s ° , ceased w° � '1 I, Courtney Leigh Heisen ,in my capacity/relationship as • daughter (Prim Name) of the above Decedent,hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Douglas Heisen June Pi 2013 • (Date) (Signature) 139 West 15th Street,Apt.3R (Street Address) New York,NY 10011 (City.State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this day party executing this renunciation and certified of that he or she executed the renunciation for the purposes stated within on this Lf/'1 day of 2TTh/1-1- Deputy for Register of Wills Notary Public My Commission Expires: '! -06 (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission-) PAULA A WHITELOCKE Notary Public-Mato of Now York No.01 WH6Z7S128 Form RW-06 rev.10.13.06 OUaiiffid In 011011111 County My Commission Expires Apr.08,2017 �y y ry w m 0o CO � z � r z c•> ° 73 ):.• m n � rn w � RENUNCIATION o c., o o 0 „t r- rn REGISTER OF WILLS a cp vs a Cumberland COUNTY,PENNSYLVANIA 21-13- /f7 Estate of Richard F. Heisen , Deceased I, Gregory Heffernan Heisen , in my capacity/relationship as (Print Name) son of the above Decedent,hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Douglas Heisen June 2013 • (Dale) (Signature) 124 Brookstone Drive (Street Address) Princeton,NJ.08540 (City.State.Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the • before me this day party executing this renunciation and certified of , that he or she executed the renunciation for the purposes stated within on this 1'1`i'h_day of a rvQ- ._0 13 . Deputy for Register of Wills Notary Public My Commission Expires: • (Signature and Seal of Notary or other official qualified to administer oath. ' » • •) Notary Public State of New Jersey My Commission Expires April 6.2018 MS 22)1802 Form RW.06 rev.IO.I).045 CERTIFICATION OF NOTICE UNDER Pa. O.C. Rule 5.6(a) REGISTER OF WILLS Cumberland COUNTY,PENNSYLVANIA Name of Decedent:Richard F.Heisen Date of Death: May 11,2013 File Number:21-13-0687 Date Letters Granted:June 20,2013 To the Register: I certify that Notice of Estate Administration required by Pa.O.C.Rule 5.6(a)of the Orphans'Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on June 25, , 2013 jvame: Address: Cynthia Ann Heisen 124 East 24th St.,Apt.2K,New York,NY 10010 Courtney Leigh Heisen 139 West 15th St.,Apt.3R,New York,NY 10011 Gregory Heffernan Heisen 124 Brookstone Drive,Princeton,NJ 08540 Douglas Heffernan Heisen 807 Stratford Drive,Carlisle,PA 17013 (If more space is needed,attach separate sheet.) Notice has now been given to all persons entitled thereto under Pa.O.C.Rule 5,6(a)except: None na,Q June 25,2013 ignatar�fling this Form o Cepa- ❑Personal Representative esentative ®Counsel N tL T ac • Nathan C.Wolf,Esquire 0 e...1 Name of Person Filing this Form 1a- .1-- . I O West High Street • LC) u 4 Address 1.0 0,1 d Carlisle,PA 17013 u z z w • w 717-241-4436 0: Telephone Form RW-08 rev.10.13.06 Exhibit "B" AFFIDAVIT OF GOOD FATTH INVESTIGATION File Number: 926590 Attorney Firm: Phelan I-lallinan,LLP Subject: Richard F.Nelsen Property Address: 807 Stratford Drive,Carlisle,PA 17013 I.CREDIT INFORMATION A. SOC.IAL..SECURITY NUMBER Our search verified the following.information to be true and correct Richard F.Heisen-xxx-xx-4562 B. EMPLOYMENT SEARCH Richard F.Nelsen-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Richard F.Heisen reside(s)at:807 Stratford Drive,Carlisle,IA 17013. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Richard F.Heisen reside(s)at:807 Stratford Drive,Carlisle,PA 17013.On 08-16-13 our office made a telephone call to the subject's phone number (717)2434)203 and received the following information:not in service. B. On 08-16-13 our office made a telephone call to a possible phone number of the subject(s)(203)438-5111 and received the following information:not in service.Our office was tillable to locate any heir for Richard F. Heisen. M.OBITUARY SEARCH A. Attempted to find obituary via http://oa.newsbank.com. B. Found obituary published May 11,2013 in the Sentinel,The(Carlisle,PA).See attached, IV.INQUIRY OF HEIRS AND NEIGHBORS On 08-16-13 our office was unable to locate any information for Vera Ilaase Heisen,relative of Richard F. Heisen. On 08-16-13 our office was unable to locate any information for Laurene Fahnestock,relative of Richard F. Ileison. On 08-16-13 our office was unable to locate any information for David J.Lenihan,relative of Richard F.Heisen. On 0I8-16-13 our office was unable to locate any information for Douglas Heffernan Heisen,relative of Richard P.Heisen. On 08-16-13 our office was unable to locate any information for C.Peter Heisen,relative of Richard F.Heisen. On 08-16-13 our office was unable to locate any information for Maria Peter Heisen,relative of Richard F. Heisen. On 08-16-13 our office was unable to locate any information for Andrew Nelsen,relative of Richard F.Heisen. On 08-16-13 our office was unable to locate any information for Peter T.Heisen,relative of Richard F.Heisen. On 08-16-13 our office attempted to contact Courtney I..Heisen,relative of Richard F.Heisen at:124 Brooks tone Drive,Princeton,NJ 08540,but was unable to get any phone number for her. On 08-1.6-13 our office attempted to contact Cynthia Heisen,relative of Richard F.Heisen at:124 Brookstone Drive,Princeton,NJ 08540,but was unable to get any phone number for her. On 08-16-13 our office attempted to contact Jo Ileisen,potential relative of Richard F.Heisen at: 124 Brookstone Drive,Princeton,NJ 08540,but was unable to get any phone number for him. On 08-16-13 our office attempted to contact Ann M.Heisen,potential relative of Richard F.Heisen at:124 Brookstone Drive,Princeton,NJ 08540,but was unable to get any phone number for her. On 08-16;13 our office attempted to contact Jeanne B.Heffernan,potential relative of Richard F.Heisen at:124 Brookstone Drive,Princeton,NJ 08540,but was unable to get any phone number for her. On 08-1.6-1.3 our office made several phone calls in an attempt to contact JoAnn Heffernan Heisen,relative of Richard F.Heisen at(941)387-3711,121.1.Gulf Of Mexico Drive,Apartment 909,Longboat Key,FL 34228: answering machine. On 08-16-13 our office made several phone calls in an attempt to contact Gregory H.Heisen,relative of Richard F.Heisen at(609)921-3711.,'124 Brookstone Drive,Princeton,NJ 08540:answering machine. On 08-16-13 our office made a phone call in an attempt to contact James S.McCallum,neighbor of the subject at(717)243-3668,901 Stratford Drive,Carlisle,PA 17013:spoke with an unidentified female who could not confirm any heir information for Richard F.Heisen. On 08-16-13 our office made several phone calls in an attempt to contact James M.Minnix,neighbor of the subject at(717)218-0860,808 Stratford Drive,Carlisle,PA 17013:answering machine. On 08-16-13 our office made several phone calls in an attempt to contact Bruce.M.Lockhart,neighbor of the subject at(717)243-1776,804 Stratford Drive,Carlisle,I'A 1.7013:no answer.Our office was unable to locate any heir for Richard F.Heisen. V.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 0846-13 we reviewed the National Address database and found the following information:Richard F. I leisen-807 Stratford Drive,Carlisle,PA 17013. B. ADDITIONAL:ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. VI.OILIER INQUIRIES A. DEATH RECORDS As of 0846-13 Vital Records and all public databases have a death record on file for Richard F.Heisen. VII.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Richard F.I leisen-1944 B. DATE O1""DEATH Richard F.Heisen-05-11-2013 *Our accessible databases have been checked and cross-referenced for the above named individuals), w Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S.Sec.4904 relating to unsworn falsification to authorities. /171 • t Z S The above infOrmaikm is obtained from available public records and we are only Liable for the cost of the affidavit. ObitsArchive.com: Document Display Page 1 of I ObitsArchive.con Sentinel,The(Carlisle,PA) -May 11, 2013 Deceased Name: Richard F. Dick' Heisen Richard F. "Dick" Heisen,68, of Carlisle,died Saturday May 11, 2013 after a long illness at Manor Care Health Services, Carlisle. Born July 27, 1944 in New York City,NY a son of Vera:Haase Heisen of Southbury, CT and the late Carl Heisen. Dick was Vice President of Advertising for U. S.News and World Report Magazine in New York City and was elected President of the New York Association of Advertising Executives. Dick was passionate about the outdoors. He was an avid hunter,marksman,fisherman and enjoyed photography. In recent years Richard became a professional photographer who specialized in scenic vistas and wildlife.He was a member of the Campfire Club of America, Chappaqua, NY. Richard is survived by his long time companion,Lauren Fahnestock of Carlisle;former spouse JoAnn Heffernan Heisen and her husband David J.Lenihan of Princeton, NJ;four children,Douglas Heffernan Heisen of Carlisle, Gregory Heffernan Heisen of Princeton, Ni, Cynthia Ann Heisen of New York City, NY and Courtney Leigh Heisen of New York City, NY; one brother, C. Peter Heisen and his wife Maria of South Salem, NY and two nephews,Rev. Andrew Heisen of Shrewsberry, MA and Peter T. Heisen of Kent,WA. A viewing will be held Tuesday May 14, 2013 from 3:00-- 5:00 p.m. at Hoffman-Roth Funeral Home and Crematory Inc., 219 N. Hanover St. Carlisle,PA. A graveside service will be private and at the convenience of the family at Pound Ridge Cemetery in Westchester County.NY. To sign the guestbook visit www.hoffrna.nroth.com Sentinel,The(Carlisle,PA) Date: May 11, 2013 Record Number: 1 aSa 17de86a997d2bdfbb3ab6c93ea l a4f5216 Copyright 0 2013 The Sentinel - cumberlink.com,457 E North Street Carlisle,PA, All rights reserved. http://www.obitsarchive.com/oa-search/we/Archives'?p_action-print&p_docid=14631662... 8/22/2013 Exhibit "C" PH ELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 1.9103 (215)320-0007,Ext. 1256 Fax: 215-563-3352 September 16, 2013 DOUGLAS HEFFERNAN-HEISEN, Administrator and Heir of the Estate of RICHARD F. HEISEN 807 STRATFORD DRIVE CARLISLE, PA 17013-3538 GREGORY HEFFERNAN-HEISEN, Heir of the Estate of RICHARD F. HEISEN 124 BROOK.STONE DRIVE PRINCETON,NJ 08540 COURTNEY LEIGH HEISEN,Heir of the Estate of RICHARD F. HEISEN 139 WEST 15TH STREET,APT 3R NEW YORK,NY 10011 CYNTHIA ANN EIELSEN, Heir of the Estate of RICHARD F. HEISEN 124 EAST 24TH STREET, APT2K NEW YORK, NY 10010 RE: RICHARD F.HEISEN; 807 STRATFORD DRIVE,CARLISLE,PA 17013-3538; JPMORGAN CHASE BANK,NATIONAL ASSOCIATION;PH#926590 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan, LLP represent JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, the holder of the mortgage against the above- referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been infbrmed of RICHARD F. HF,ISEN's unfortunate death. We are sorry for your loss. As a possible heir of RICHARD F. HEISEN, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be 1)a:' wd or y„ FilE C This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) clays of the date of this correspondence. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not timely returned and it is believed that you are an heir of the decedent, then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property. It will however, he necessary to name DOUGLAS FIEFFERNAN-HEISEN as a defendant in the foreclosure action in his capacity as Administrator of the Estate as required by the Pennsylvania Rules of Civil Procedure. Again,please be advised DOUGLAS IIEFFE.RNAN-HEISEN is not personally liable for the debt, as he did not execute the mortgage or note. Our Office also requests that you please provide us with any additional heir information for RICHA.RD F. PIESEN, Deceased. Than.k you for your cooperation in this regard. Please note that this waiver does riot preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion. of the foreclosure action. We would encourage you to contact your own attorney in regard to this matter. If you would like to request a payoff or reinstatement figure, please call (215) 563- 7000, and ask for the Foreclosure Resolution Department. if you have any other questions regarding this letter, please contact a representative of our firm's Decedent Department at (215) 320-0007, Ext. 1256 Sincerely. A 1 0. 0,1:44 Ztick naft,,Vs''tl. Aftofilev Ix)r iutifi , • This him is a (H.:It collector Any intblination we Necive viU he used haor that purpoc yow perSonal hahidt Nt 6cen bankrupik;y arc only agm;st tke sccurod by r a morigago. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN 14'WRECI,NS0RE ACTION I, GREGORY }]EFEE8NAN-8E|5EN' Heir of the Estate o[DIC&4DD F. llE\SEN, hereby acknowledge that I may have an ownership interest in the property located at 807 STRATFORD DRIVE, CARlJ8[JE,PA \70l3-3538` in accordance with Section 3()1(h) of the Pennsylvania Probate, Estates and Fiduciaries[ode [20 Pa C.S.A. Section 301(b)11, I do hereby waive my right to be named as a defendant in a lmeclosure action as provided by Pa.R.C.P. 1141 et seq., *hic6 may Ix instituted by JPM()8GAN CHASE BANK,NA-[K}N}\|. ASSOCIATION, involving sa.iU property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged prey nises will be divested upon completion of the i )rcelosure action. 1 do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise paynil the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage .)Yefl1iSCS. Date: ------------ ---------_—_ GREGORY 8EFFER0AN'8B86N. Ber of the Estate of RICHARD F. HEISEN WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, COURTNEY LEIGH }{E[S£N` Heir oif the Estate of RICHARD F. IIEISEN,hereby acknowledge that I may have an ownership interest in the property located at 807 STRA]-EOKI} DRIVE, C/\Ell.|S[.F` P/\ l70l3'3538' io accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code |2OyxC.S.A. Section 3U\(h).). ] dober¥h? waivemy right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 etuog,' which may be iutituted by JPMORGAN ( F.tASE BANK, N"TIONA.I.. ASSOCIATION, involving said prmpuny` which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any farther noticC of said uctimz, including but not limited to the Sheriff sale, and understand that any interest l may have in the mortgaged premises will be divested upon completion of the foreclosure action. do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriffs sale of the mortgage premises. Date: COURTNEY LEIGH HElSEN, Deir of the Estate of RICHARD E I[E[S£N WAIVER BY HEIR OF RIGHT TO BE NAMED AS ykDEFENDANT IN FORECLOSURE ACTION l` CYNTHIA ANN }lEiSEN, Heir of the Estate of RICHARD F. OEI5IN, hereby acknowledge that I may have an ownership interest in the property located at 807 STRATFORD DRIVE, CARLISLE, PA }7Ol3-]5]X`ioaccordance with Section 301(b)of the Pennsylvania Prol,ate, Estates and Fiduciaries Code [Z0PuC.S.A. Section ]0\(h)i. 1 do hereby waive my right to be named as a defendant in uhoroulnoucc action as provided byPa.K.C.P. 11.41 et seq., which may be instimied by JPMORGAN Cl-lASh BANK. NATIONAL ASSOCIA lION. involving said property, which property was owned by the decedent at the time of his death, I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon e.)niplet1on of the foreclosure action. l do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: CYNTHIA ANN 1-iFISEN, Heir of the Estate of. RICI-IARI.) F. 1-IFISEN Exhibit "D" cutto IQ:S4 PEwfisyL A!LINT Y PHELAN HALLINAN,LIP Adam IL Davis,Esq.,Id. •o.203034 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 AdamDavis @PhelanHaI inan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS 1111 POLARIS PARKWAY COLUMBUS,OH 43240 CIVIL DIVISION Plaintiff TERM v. NO. 13' ti)')(4) DOUGLAS HEFFERNAN-HEISEN,in his capacity as Administrator and Heir of the Estate of RICHARD F. CUMBERLAND COUNTY HEISEN atv inm ' s copy A y File Copy Fie#; 926590 ""se Retum Supreme Court of Pennsylvania Cour Corn x Pleas C'''' For Prothonotary Use Only: ° vi Cc Yelr et CUTY63ERL ANtr, – County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service o pleadings or other papers as required by law or rules cr f court. Commencement of Action: S Q Complaint ❑ Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiffs Name: JPMORGAN CHASE BANK, Lead Defendant's Name: DOUGLAS HEFFERNAN•HEISEN T NATIONAL ASSOCIATION Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? ❑ Yes l No (Check one) © outside arbitration limits N Is this a Class Action Suit? ❑Yes © No Is this an MD.1 Appeal? ❑Yes © No Name ofPlaintiff/Appellant's Attorney: Adam H.Davis,Esq.,Id.No.203034,Phelan Hallinan,LLP A ❑ Check here if you have no attorney(are a Self-Represented [Pro Sel 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 O 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 ❑Other: T — MASS TORT 0 Other: O ❑ Asbestos N ❑Tobacco ❑ Toxic Tort-DES O Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration B 0 Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Partition ❑Replevin Li Dental l:i Quiet Title ❑Other: ❑Legal ❑Other: ❑Medical –.. 0 Other Professional: — Pa.R.CP. 205.5 Updated 0.1/01/2011 FORM 1 IN THE COURT OF COMMON PLEAS JPMORGAN CHASE BANK,NATIONAL OF CUMBERLAND COUNTY,PENNSYLVANIA ASSOCIATION Plaintiffs) vs. DOUGLAS HEFFERNAN-HEISEN,in his capacity as Administrator and Heir of the Estate of RICHARD F.HEISEN GREGORY H.EFFERNAN-HEISEN,in his capacity as Heir of the Estate of RICHARD F.HEISEN COURTNEY LEIGH HEISEN,in her capacity as Heir of the Estate of RICHARD F. HEISEN CYNTHIA ANN HEISEN,in her capacity as Heir of the Estate of RICHARD F.HEISEN UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN,DECEASED Defendant(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 a lawyer,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 contact Mid'enn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all 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 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 out reasonable arrangements with your lender before the mortgage foreclosure alit 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 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 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 out reasonable arguments 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: 11//Vills7 Date Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas 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 counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes 0 No[. Listing date: Price: $ Name: Realtor Phone: Borrower Occupied? Yes 0 No ❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage I.,ender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Dateof Last Payment: . ..................................................................... ........ Primary Reason for Default: Is the loan in Yes LI No ID 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: l. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3, Monthly Gross Monthly Net Additional Income Description(not wages): 1` monthly amount: 2. Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently p iou) BXPEN8_� AMOl}NTBX9INSE AMOUNT Mortgage � Food �mM«rt8u@e Utilities Car Payment®, CondoNeigh.Foem Auto Insurance Med. (not uto fuel/repai Other -��Install.Loan Payment _Cable TV - - _ Child Su "or�&]bo. . Money .__-y Otber-_----_' Expenses Amount Available for Monthly Mortgage Payments Based on Income& Expenses: Housing Counseling Agency? l/eori No C 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 known,regarding your lender and lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: _._ _...._...._........._Phone: 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/vve am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. 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) 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 k: 926590 PHELAN HALLINAN,I LP Adam H.Davis,Esq.,Id.No.203034 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 JPMO.RGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS 1111 POLARIS PARKWAY COLUMBUS, OH 43240 CIVIL DIVISION Plaintiff TERM v. NO. DOUGLAS HEFFERNAN-HEISEN,in his capacity as Administrator and Heir of the Estate of RICHARD F. CUMBERLAND COUNTY HEISEN file*: 926590 807 STRATFORD DRIVE CARLISLE,PA 17013-3538 GREGORY HEFFL;RNAN-HEISEN,in his capacity as Heir of the Estate of RICHARD F.HEISEN 124 BROOKSTONE DRIVE PRINCETON,NJ 08540 COURTNEY LEIGH HEISEN,in her capacity as Heir of the Estate of RICHARD F.HEISEN 139 WEST 15TH STREET,APT 3R NEW YORK,NY 10011 CYNTHIA ANN HEISEN,in her capacity as Heir of the Estate of RICHARD F.HEISEN 124 EAST 24TH STREET,APT2K NEW YORK,NY 10010 UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER RICHARD F.HEISEN,DECEASED 807 STRATFORD DRIVE CARLISLE,PA 17013-3538 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE File 1t: 926590 1. Plaintiff is JPMORGAN CHASE BANK,NATIONAL ASSOCIATION 1111 POLARIS PARKWAY COLUMBUS,OH 43240 2. The name(s)and last known address(es)of the Defendant(s)are: DOUGLAS HEFFERNAN-HEISEN,in his capacity as Administrator and Heir of the Estate of RICHARD F.HEISEN 807 STRATFORD DRIVE CARLISLE,PA 17013-3538 GREGORY HEFFERNAN-HEISEN,in his capacity as Heir of the Estate of RICHARD F. HEISEN 124 BROOKSTONE DRIVE PRINCETON,NJ 08540 COURTNEY LEIGH HEISEN,in her capacity as Heir of the Estate of RICHARD F. HEISEN 139 WEST 15TH STREET,APT 3R NEW YORK,NY 10011 CYNTHIA ANN HEISEN,in her capacity as Heir of the Estate of RICHARD F.HEISEN 124 EAST 24TH STREET,APT2K NEW YORK,NY 10010 UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER RICHARD F.HEISEN,DECEASED 807 STRATFORD DRIVE CARLISI.F,PA 17013-3538 who is/are the real owner(s)of the property hereinafter described. 3. On 06/11/2010 RICHARD F. HEISEN made,executed and delivered a mortgage upon the premises hereinafter described to JPMORGAN CHASE BANK,N.A. ,which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 201017883.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. Fite I': 926590 1019(g);which Rule relieves JPMORGAN CHASE BANK,NATIONAL ASSOCIATION from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 07/18/2013: Principal Balance $165,661.78 Interest from $4,831.82 12/01/2012 through 06/30/2013 Late Charges $0.00 Property Inspections $70.00 Subtotal $170,563.60 Less Escrow Balance ($271.62) TOTAL $170,291.98 7, Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s)in the Action; however,Plaintiff reserves its right to bring a separate Action to establish that right,if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8, The mortgage premises are vacant and abandoned. File 4!: 926590 9. Mortgagor RICHARD F. HEISEN died on 05/11/2013,and DOUGLAS HEFFERNAN- HEISEN was appointed Administrator/trix of his estate. Letters of Administration were granted to him on 06/20/2013 by the Register of Wills of CUMBERLAND COUNTY, No.21-13-687. The Decedent's surviving heirs at law and next-of-kin are DOUGLAS HEFFERNAN-HE:ISEN,GREGORY HEFFERNAN-HEISEN,COURTNEY LEIGH HEISEN, and CYNTHIA ANN HEISEN. 10. Plaintiff does not hold the named Defendants, DOUGLAS HEFFERNAN-HEISEN, GREGORY HEFFERNAN-HEISEN, COURTNEY LEIGH HEISEN, and CYNTHIA ANN HEISEN,personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only,and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2)and 20 Pa.C.S.A. § 301(b). WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $170,291.98,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: a'd„'fl"`' . YJv^, Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Pile#: 926590 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land located on the northeast corner of Glendale street and Stratford drive in the Third ward of the borough of Carlisle, Cumberland county, Pennsylvania, as shown on the plan of section 'D'of Heather lands recorded in the hereinafter named recorder's office in plan book 15,page 39, and more particularly bounded and described as follows: BEGINNING at a point in the line dividing lots nos. 59 and 60; thence southwardly along the east side of Glendale street 127.31 feet;thence by a curve to the left at the northeast corner of the intersection of said streets a distance of 39.27 feet to a point on the north side of Stratford drive; thence eastwardly along the north side of Stratford drive 128.09 feet to a point,which point is in line dividing lot no.59 from lots nos. 82 and 83;thence along said last mentioned dividing line, north 04°55' 50"west 176.51 feet to a point in the line dividing lots nos.59 and 60;thence by said last mentioned dividing line,south 85°04' 10"west 150.00 feet to the place of beginning. BEING all of lot no. 59, as shown on the plan of section'D'of Heatherlands recorded as aforesaid,and having thereon erected a two-story brick and aluminum siding covered dwelling house with attached two-car garage,being known as no. 807 Stratford drive, Carlisle, Pennsylvania. TORRENS certificate number 164,900 APN#04-22-0481-036 PROPERTY ADDRESS: 807 STRATFORD DRIVE,CARLISLE,PA 17013-3538 File#: 926590 PARCEL#04-22-0481-036. File#: 926590 VERIFICATION r tifer '4 ill / f .. *. __�, hereby states that h 411P Vice President of JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unworn falsification to authorities. 14 i'h. .1 U I .41 Frill f Pp.' Vice lies de� a Date: // 1r20f?) JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Borrower: HEISEN Property Address: 807 STRATFORD DRIVE, CARLISLE,PA 17013-3538 County: CUMBERLAND Last Four of Loan Number: 9020 File#: 926590 Exhibit "E" V ` i t �(', I=I . 2014 JAN 30 PH 1: 19 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION • vs. NO. 13-6765-CIVIL • DOUGLAS HEFFERNAN-HEISEN, in his CUMBERLAND COUNTY capacity as Administrator and Heir of the Estate of . RICHARD F. HEISEN ET AL. ORDER AND NOW, this 30' day of gar.4., , 2014, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by First Class mail at the mortgaged premises located at 807 STRATFORD DRIVE, CARLISLE, PA 17013-3538, and by posting of the mortgaged premises at 807 STRATFORD DRIVE, PH#926590/SNM CARLISLE, PA 17013-3538 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE CO . 'T. J. 41.e.5 Mat ey04I,141, l-i£tsu) Ls ' s,- -WE 1s -24IY / PH#926590/SNM • • • • i t r� r YI �..1 11,x;, PHELAN HALLINAN.LLP e.ul1 FE f . I` t Immihon Lobo- EH.. Id. Nn.;1217-1 , % v ff ti tlId 1617 JFK Boulcvaid; Suite 1400 EitLAt .. . • One Penn Center Plaza Peals Q 1-0U� TT. • Philadelphia,PA.19103 . . . • , . .. (VA �1, . Jonathan.Lobb @phelanhallinan.com • • 215-563-7000 ' • JPMORGAN CHASE: BANK, NATIONAL : COURT OF COMMON PLEAS • • - ASSOCIATION • - • . . - -. . . . . . Plaintiff : CIVIL DIVISION • vs. : CUMBERLAND COUNTY Dot'FL AS HEFFERNAN-HEISEN. in his capacity as .Administrator and Heir of the Estate of RICHARD : No. 13-6765-CIVIL F. HEISEN • GREGORY HEFFERNAN-HEISEN, in his capacity - as Heir of the Estate of RICHARD F. HEISEN . COURTNEY LEIGH HEISEN, in her capacity as • Heir of the Estate of RICHARD F. HEISEN CYNTHIA ANN HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN . UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, • AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR • INTEREST FROM OR UNDER RICHARD F. . HEISEN,DECEASED . • • Defendants • PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: . - - Kindly•reinstate the Civil: Action in•Mortgage. Foreclosure. with reference to the above • • captioned matter. • PHELAN HALLINAN. LL' • By: / Jonath.- " .bb, Esq., Id. No.312174 / Attot ey for Plaintiff Date: #7.1/;//g/sdk, Svc Dept. /// . . . • • . ft auk S) k , ?d 0 tki File#926590 . it/6/1 /3391g2 .1 le_* 261624a, SHERIFF'S OFFICE OF CUMBERLAND COUNTY a..� I Ronny RAnderson aft r'r(0 Sheriff Jod S Smith C, €ier rr r}f v LO1R FEB 27 PH 4; 014 Chief Deputy CUMBERLAND UCUN I tit, Richard W Stewart PENNSYLVANIA r �_ nt JPMorgan Chase Bank, N.A. Case Number vs. Douglas Heffernan-Heisen (et al.) 2013-6765 SHERIFF'S RETURN OF SERVICE 11/18/2013 Ronny R Anderson, Sheriff,who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Douglas Heffernan-Heisen, in the following manner: On November 18, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure • to the defendant's last known address of 124 Brookstone Drive, Princeton, NJ 08540. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Joann Heisen, adult in charge on November 25, 2013. 11/18/2013 Ronny R Anderson, Sheriff,who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Courtner Leigh Heisen, in the following manner: On November 18, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's last known address of 139 West 15th Street,Apt. 3R, New York, NY 10011. The certified mail return receipt card was never received by the Cumberland County Sheriffs Office and according to USPS.com the Complaint was unclaimed as of December 8, 2013. 11/18/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Courtner Leigh Heisen, in the following November 1 8 -r- manner: O.. IYV,�e111VGr 18, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's last known address of 124 East 24th Street,Apt. 2K, New York, NY 10010.The certified mail return receipt card was never received by the Cumberland County Sheriff's Office and according to USPS.com the Complaint was unclaimed as of December 8, 2013 and the envelope was returned to this office on January 16, 2014. 11/19/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Courtney Leigh Heisen, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found"at 807 Stratford Drive, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. 11/19/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Douglas Heffernan-Heisen, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 807 Stratford Drive, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. SHERIFF COST: $129.23 SO ANSWERS, t1 January 31, 2014 RONNNJY R ANDERSON, SHERIFF t::.i CoumySui!e Snomf,t i::osort C. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff y}5t�,nl c2uI!j1 .( Jody S Smith 3 23 Li: Chief Deputy Richard W Stewart '� - ` � GEfiro Solicitor ss.:- PENNSYLVANIA JPMorgan Chase Bank, N.A. Case Number vs. Douglas Heffernan-Heisen (et al.) 2013-6765 SHERIFF'S RETURN OF SERVICE 01/28/2014 07:40 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Lauren Lightner, girlfriend, who accepted as"Adult Person in Charge"for Douglas Heffernan-Heisen at 2218 Ritner Highway, Dickinson Highway, Carlisle, PA 17013. VALERIE WEARY, EPUTY SHERIFF COST: $34.78 SO ANSWERS, January 31, 2014 RONNY R ANDERSON, SHERIFF c?CountySuito Sherit(,Tel osoft Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff o' Comb,,,,,rrr Jody S Smith ?OR FEB 27 PH Li; pt$ Chief Deputy �� i Richard W Stewart CUMBERLAND Cou Solicitor PENNSYLVANIA **AMENDED** JPMorgan Chase Bank, N.A. vs. Case Number Douglas Heffernan-Heisen (et al.) 2013-6765 SHERIFF'S RETURN OF SERVICE 11/18/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Courtner Leigh Heisen, in the following manner: On November 18, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's last known address of 139 West 15th Street, Apt. 3R, New York, NY 10011. The certified mail return receipt card was never received by the Cumberland County Sheriff's Office and according to USPS.com the Complaint was unclaimed as of December 8, 2013. 11/18/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Courtner Leigh Heisen, in the following manner: On November 18, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's last known address of 124 East 24th Street,Apt. 2K, New York, NY 10010. The certified mail return receipt card was never received by the Cumberland County Sheriff's Office and according to USPS.com the Complaint was unclaimed as of December 8, 2013 and the envelope was returned to this office on January 16, 2014. 11/18/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Douglas Heffernan-Heisen, in the following manner: On November 18, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's last known address of 124 Brookstone Drive, Princeton, NJ 08540. The certified mail return receipt card was received by the Cumberland County Sheriff's Office signed by Joann Heisen, adult in charge on November 25, 2013. 11/19/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Courtney Leigh Heisen, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 807 Stratford Drive, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. 11/19/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Douglas Heffernan-Heisen, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found" at 807 Stratford Drive, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. 02/27/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gregory Heffernan-Heisen, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served"at 807 Startford Drive, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. 62/27/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Cynthia Ann Heisen, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as Not Served"at 807 Startford Drive, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. SHERIFF COST: $129.23 SO ANSWERS, February 27, 2014 RONNK ANDERSON, SHERIFF Phelan Hallinan,LLP John D.Krohn,Esq.,Id. No.312244 ATTORNEYS FOR PLAINTIFF john.krohn@phelanhallinan.com 1617 JFK Boulevard, Suite 1400 i __ —A. One Penn Center Plaza x- Philadelphia, PA 19103 m n 215-563-7000 ter. JPMORGAN CHASE BANK,NATIONAL Ca ' ASSOCIATION Plaintiff CrN VS. COURT OF COMMON PLEAS DOUGLAS HEFFERNAN-HEISEN,in his capacity as CIVIL DIVISION Administrator and Heir of the Estate of RICHARD F. HEISEN CUMBERLAND COUNTY GREGORY HEFFERNAN-HEISEN,in his capacity as Heir of the Estate of RICHARD F.HEISEN No. 13-6765-CHIT. COURTNEY LEIGH HEISEN,in her capacity as Heir of the Estate of RICHARD F. HEISEN CYNTHIA ANN HEISEN,in her capacity as Heir of the Estate of RICHARD F.HEISEN UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL.PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER RICHARD F.HEISEN,DECEASED Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED at 807 STRATFORD DRIVE, CARLISLE, PA 17013-3538 on February 25, 2014, in accordance with.the Order of Court dated January 30, 2014. The undersigned PH#926590 tiriider�'&nds that this statement is made.subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan,LLP DATE: By: John.D. ohn, Esq., Id. No.31.2244 Attorney for Plaintiff Phelan Hallinan,LLP PHELAN HALLINAN, LLP Emily M. Phelan, Esq., Id. No.315250 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 emily.phelan@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, ASSOCIATION Plaintiff VS. LLD(JFFIL;U 6 OTHONO TA 2011111AR -3 AN!0: 30 CUMBERLAND COUNTY PENNSYLVANIA NATIONAL : COURT OF COMMON PLEAS DOUGLAS HEI-1-ERNAN-HEISEN, in his capacity as Administrator and Heir of the Estate of RICHARD F. HEISEN GREGORY HEFFERNAN-HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN COURTNEY LEIGH HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN CYNTHIA ANN HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE' OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED Defendants : CIVIL DIVISION : CUMBERLAND COUNTY : No. 13-6765-CIVIL tA 10. 2 5 At D C uN YLVANIA PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in captioned matter. By: Date: /sdk, Svc Dept. File# 926590 gage Foreclosure with reference to the above Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff AFFIDAVIT OF SERVICE — CUMBERLAND SDK PLEASE POST BY: 03/16/2014 PLAINTIFF COUNTY: CUMBERLAND COURT NO. 13-6765-CIVIL 7.4.-'" i'"-- — Li JPMORGAN CHASE BANK, NATIONAL ASSOCIATION ....<3.--, ND —ic - DEFENDANT r- -L- — TYPE OF ACTION XX Mortgage Foreclosure UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED r RYE AT: 1 07 STRATFORD DRIVE, CARLISLE, PA 17013- 3538 Eviction —i ...., _XX_ Civil Action Complaint on Promissory Note ***PLEASE POST 'I Hr.. PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Posted and made known UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED, Defendant on the a 0° day of )14412-C41 120 (4 at 10 !col) o'clock, 4. M., at 807 STRATFORD DRIVE, CARLISLE, PA 17013-3538, 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/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 office of said defendant company. Other: IL • IP Description: Age Height Weight Race Sex Other Ronald Moll I, a competent adult, being duly sworn according to law, depose and state that I personally posted a tree and correct copy of the Complaint in Mortgage Foredosure issued in the captioned caw on the date and the indicated above. I understand that this stau-mrnt is made subject to the penalties of 18 Pa. CS. Sec. 4904 rd g to sworn falsifi DATE: NAME: ona 0 PRINTED NAME: Proccss Scrvcr TITLE: NOT SLIMED On the day of 20 at o'clock M., Defendant NOT FOUND because: Vacant Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on at at Service Refused PH # 926590 \ 0 AFFIDAVIT OF SERVICE PLAINTIFF JPMORGAN CHASE BANK, NATIONAL ASSOCIATION DEFENDANT DOUGLAS HEFFERNAN - HEISEN GREGORY HEFFERNAN - HEISEN COURTNEY LEIGH HEISEN CYNTHIA ANN HEISEN UNKNOWN HEWS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED SERVE CYNTHIA ANN HEISEN AT: 2922 ALDRICH AVE S APT 303 MINNEAPOLIS, MN 55408.4296 (FNMA) CUMBERLAND COUNTY PH # 926590 SERVICE TEAM/ mild COURT NO.: 13- 6765 -CIVIL SERVED Served and made known to CYNTHIA ANN RISEN, Defendant on lc) °._5 , o'clock E. M., ate ldd 41,), Adr 5. 4 el. 5 M,155Yo$ 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. TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action J!- HE PF,OrtIONOTAli 1 2014 FAR 26 All 10: 09 CUMBERLAND COUNTY PENNSYLVANIA the Srr +day of Mar ch ,201 , manner described below: Other: Description: Age oZ 5 or relationship. siness. Height 5 '10" Weight I gig 1 175 RaceWL Sex Other I, Mice 50e /ger , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 4 to day of Marr.l. , 20! . On the day of , 20_, Defendan[73OT FOUND because: _ Vacant _ Does Not Exist _ No Answer on at Service Refused Other: Sworn to and subscribed before me this day of , 20 . By: Notary: Moved , a competent adult hereby state that _ Does Not Reside (Not Vacant) at ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Mario J. Hanyon, Esq., Id. No. 203993 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Justin F. Kobeski, Esq., Id. No. 200392 Adam Davis, Esq., Id. No. 203034 Joseph E. DeBarberie, Esq., Id. No. 315421 EMILY M. PHELAN, Esq., Id. No. 315250 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103 -1814 .' Phelan Hallirtan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 • Qne.Penn Center Plaza Philadelphia, PA 19103 • 215 -563 -7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff vs. ATTORNEYS•FOR PLAINTIFF DOUGLAS HEFFERNAN- HEISEN, in his capacity as : COURT OF COMMON PLEAS Administrator and Heir of the Estate of RICHARD F. HEISEN • . CIVIL DIVISION' GREGORY 'HEFFERNAN- HEISEN, in his capacity as . Heir of the Estate of RICHARD F. HEISEN CUMBERLAND COUNTY COURTNEY LEIGH HEISEN, in her capacity as Heir of : r -- the Estate of RICHARD F. HEISEN No. 13- 6765 -CIVIL t- :?; CYNTHIA ANN HEISEN, in her capacity as Heir of the r'1 7 Estate of RICHARD F. HEISEN 71 3D UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS < CLAIMING RIGHT, TITLE OR INTEREST FROM OR > UNDER RICHARD F. HEISEN, DECEASED c'> Defendant(s) --di AFFIDAVIT OF SERVICE BY • PUBLICATION IN ACCORDANCE WITH COURT ORDER thereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was,made in accordance .. .as N • • with the Court Order dated • January 30, 2014 as.indicated below :. ` • • . By publication as'proyided by Pa, R.C.P. Rule 430(b)(1) in The Sentinel' on • February 27, 2014 • and Cumberland Law Journal on March 7.2014. Proofs of the said publications are attached hereto'. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: March 18, 2014 PH # 926590 MJG Phelan Hallinan, LLP Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 0 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Leto Patrick Doane, Production Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 27, 2014. COPY OF NOTICE OF PUBLICATION 1 Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this Notary P1.xblic My commission expires: COMMONWEALTH OF PENNSYLVANIA • Notarial Seal Bethany M. Holtry, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES NOTICE OF ACTION IN ;MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS 0 F CUMBERLAND COUNTY, PENNSYLVANIA CIVIL A CTION - LAW f JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff vs. DOUGLAS HEFFERNAN - HEISEN, in his capacity as Administrator and Heir of the Estate of RICHARD F. HEISEN GREGORY HEFFERNAN - HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN COURTNEY LEIGH HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN CYNTHIA ANN HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED Defendants 1 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 13- 6765 -CIVIL NATICE To UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, ANDLL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING _RIGHT ITLE OR INTEREST FROM OR UNDER RICI ARD F. HEISEN, DECEASED . You are:hereby notified that on November 15, 2013, Plaihtifft JP, MORGAN CHASE BANK, NATIONAL ASSOCIATION, filed a {Mortgage Foreclosure Complaint endarsed•pwifh.i3df,`otice to Defend, against you in the' Court of Common Pleas of CUMBERLAND County Pennsylvania,dock tedjtotIo'13 -6765- CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 807 S1 ATFORD DRIVE, CARLISLE, PA 17013 -3538 whereupon your property would be sold by the Sheriff of CUMBERIJIND County. You are hereby notified to plead to the above refetenced Complaint on or before 20 days.from the date of this publication or a Judgment will be entered against you. NOTICE • If you wish to defend, you must enter a written appearance personally or by attomey and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may-be.entereditagainst you without further notice for the relief requested by the plaintiff. You'may lose money or propoity or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICESET FORTH BELOW. THIS OFFICECAN PROVIDE YOU WITH.INFORMATION ABOUT IF YOU CANNOTiiA."FFORD.TOfitRE-A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION 'ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ATA REDUCEDiFEE 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 9a�9c say PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz March 7, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 7 day of March, 2014 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action —Law No. 13- 6765 -CIVIL JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff vs. DOUGLAS HEFFERNAN - HEISEN, in his capacity as Administrator and Heir of the Estate of RICHARD F. HEISEN, GREGORY HEFFERNAN - HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN, COURTNEY LEIGH HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN, CYNTHIA ANN HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED Defendants NOTICE To: UNKNOWN HEIRS, SUCCES- SORS, ASSIGNS AND ALL PER- SONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR. UNDER RICHARD F. HEISEN, DECEASED You are hereby notified that on November 15, 2013, Plaintiff, JP- MORGAN CHASE BANK, NATIONAL ASSOCIATION, .filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylva- nia, docketed to No. 13- 6765 - CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your 9 property located at 807 STRATFORD DRIVE, CARLISLE, PA 17013 -3538 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 (800) 990 -9108 Mar. 7 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 201 APR 21 fM 9:56 1409,1 1, BERLAND COUNTY PENNSYLVANIA, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff vs. DOUGLAS HEFFERNAN - HEISEN, in his capacity as Administrator and Heir of the Estate of RICHARD F. HEISEN GREGORY HEFFERNAN - HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN COURTNEY LEIGH HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN CYNTHIA ANN HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 13- 6765 -CIVIL Defendants MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint upon the above - captioned Defendant, GREGORY HEFFERNAN - HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN by first class mail to GREGORY HEFFERNAN - HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN at the last known address, 124 BROOKSTONE DRIVE, PRINCETON, NJ 08540 and the mortgaged premises, 807 STRATFORD DRIVE, CARLISLE, PA 17013- 926590 3538; posting of the mortgaged premises, 807 STRATFORD DRIVE, CARLISLE, PA 17013- 3538; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers the following: 1. Attempts to serve Defendant, GREGORY HEFFERNAN- HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 807 STRATFORD DRIVE, CARLISLE, PA 17013 -3538. As indicated by the Return of Service, no service was made as said address is vacant. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "A ". 2. Plaintiff's Process Server, attempted to serve Defendant, GREGORY HEFFERNAN - HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN at 124 BROOKSTONE DRIVE, PRINCETON, NJ 08540. As indicated by the Affidavit of Service, no service was made as Defendant does not reside at said address. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof, and marked as Exhibit "B ". 3. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit "C ". 4. Plaintiff contacted the Prothontary's Office on March 24, 2014, and Judge KEVIN A. HESS has previously entered a ruling in this case. 5. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on March 25, 2014 and requested 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 926590 postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit 6. Plaintiff has reviewed its internal records and has not been contacted by the Defendant to bring loan current. 7. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Date: Respectfully submitted, PHELAN ALL AN, LLP By: Ph ' lan allinan, LLP Jon.. ha . Etkowicz, Esq., Id. No.208786 Atto for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215 -563 -7000 926590 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff Vs. DOUGLAS HEFFERNAN-HEISEN, in his capacity as Administrator and Heir of the Estate of RICHARD F. HEISEN GREGORY HEFFERNAN-HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN COURTNEY LEIGH HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN CYNTHIA ANN HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED Defendants Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 13-6765-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT L FACTUAL BACKGROUND Attempts to serve Defendant, GREGORY HEFFERNAN-HEISEN, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 807 STRATFORD DRIVE, CARLISLE, PA 17013-3538. Plaintiff's Process Server, attempted to serve Defendant, GREGORY HEFFERNAN-HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN at 124 BROOKSTONE DRIVE, 926590 PRINCETON, NJ 08540. As indicated by the Return of Service and Affidavit of Service, no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof. Further, Plaintiff s counsel has reviewed its internal records and has not been contacted by the Defendant to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See 926590 id. In the instant case, as indicated by the Return of Service, the Sheriff has been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. III. CONCLUSION As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Date: Respectfully submitted, PHELAN HALL 4 AN, LLP By: Jon.than owicz, Esq., Id. No.208786 Atto ev for Plaintiff 926590 Phelan Hallinan, LIP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff VS. DOUGLAS HEFFERNAN-HEISEN, in his capacity as Administrator and Heir of the Estate of RICHARD F. HEISEN GREGORY HEFFERNAN-HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN COURTNEY LEIGH HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN CYNTHIA ANN HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED Defendants Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 13-6765-CIVIL CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. DOUGLAS HEFFERNAN-HEISEN 2218 RITNER HWY CARLISLE, PA 17015-9307 GREGORY HEFFERNAN-HEISEN 124 BROOKSTONE DRIVE PRINCETON, NJ 08540 GREGORY HEFFERNAN-HEISEN 807 STRATFORD DRIVE CARLISLE, PA 17013-3538 926590 COURTNEY LEIGH HEISEN 139 WEST 15TH STREET, APT 3R NEW YORK, NY 10011 CYNTHIA ANN HEISEN 2922 ALDRICH AVE S, APT 303 MINNEAPOLIS, MN 55408 -4296 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED 807 STRATFORD DRIVE CARLISLE, PA 17013 -3538 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: G(11-21tq Respectfully submitted, PHELAN HALLINAN, LLP By: J At M. Etkowicz, Esq., Id. No.208786 y for Plaintiff 926590 Exhibi 44A,, Feb. 27. 2014 11:51AM Cumberland County Sherrif Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor No, 9112 SHERIFF'S OFFICE OF CUMBERLAND COUNTY pt�titlt ofC111116,,tL;J Of 114. $hERIFF * *A.Kr,NDt D ** JPMorgan Chase Bank, N.A, vs. Douglas Heffernan-Heisen (et al.) Case Number 2013 -6765 SHERIFF'S RETURN OF SERVICE 11/18/2013 Ronny R Anderson, Sheriff, who being duly sworn according to taw, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Courtner Leigh Heisen, in the following manner: On November 18, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's last known address of 139 West 15th Street, Apt. 3R, New York, NY 10011. The certified mall return receipt card was never received by the Cumberland County Sheriffs Office and according to USPS.com the Complaint was unclaimed as of December 8, 2013. 11/18/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Courtner Leigh Heisen, in the following manner: On November 18, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's last known address of 124 East 24th Street, Apt. 2K, New York, NY 10010. The certified mall return receipt card was never received by the Cumberland County Sheriff's Office and according to USPS.com the Complaint was unclaimed as of December 8, 2013 and the envelope was returned to this office on January 16, 2014, 11/18/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint In Mortgage Foreclosure upon the within named defendant, Douglas Heffernan - Heiser, in the following manner: On November 18, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and ComplatntIn Mortgage Foreclosure to the defendant's last known address of 124 Brookstone Drive, Princeton, NJ O8540.The cettif ed mail return receipt card was received by the Cumberland County Sheriffs Office signed by Joann Heisen, adult in charge en November 25, 2013. 11/19/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Courtney Leigh Heisen, but was unable to locate the Defendant In his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as ''Not Found" at 807 Stratford Drive, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. 11/19/2013 Ronny R Anderson, Sheriff, being duty sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Douglas Heffernan - Heisen, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "No1 Found" at 807 Stratford Drive, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. 02/27/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gregory Heffernan - Heisen, but was unable to locate the Defendant in his bailiwick, The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 807 Startford Drive, Carlisle Borough, Carlisle, PA 17013. Residence is vacant, i;1 Co arty Stria S D60r. TSIVA A 100. 02/27/2014 THU 13:13 [TX /RX U0 5818] 002 Feb, 27, 2014 11: 52AM Cumber] and County She/,if No. ^112 02Q7/2014 Sheriff Ronny R Anderson, being duly sworn according law, states hamade diligent search and |nquir/ for the within named Defendant to wit: Cynthia Ann Heisen, but was Linable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage For8oiosure 05 Not Served" at 807 S(rtford Ddvc, Carlisle Borough, Carlisle, PA 17013, Residence is vacant. SHERIFF COST: $129.23 SO ANSWERS, February 27.2O14 N`SHERIFF ° 02/27/2014 THU l3:\3 [TX/RX HO 561a] Z 00 Exhibit "B" AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, NATIONAL ASSOCIATION PH # 926590 DEFENDANT SERVICE TEAM/ mjg DOUGLAS HEFFERNAN-HEISEN COURT NO.: 13-6765-CIVIL GREGORY HEFFERNAN-11EISEN COURTNEY LEIGH HEISEN CYNTHIA ANN HEISEN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED SERVE GREGORY HEFFERNAN-HEISEN AT: 124 BROOKSTONE DRIVE PRINCETON, NJ 08540 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made known to GREGORY HEFFERNAN-HEISEN, 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, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. On the day of , 20 NO SER Dcfcridat—TROT FOUND because: Vacant Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on at _at Service Refused Other: a competent adult hereby state that Sworn to and subse bed heft) me this day or gosok0 Ikvei ttti co" iijflhj ft -11 Titip ATTORNEY FOR PLAINTIFF Phelan Hallinan LLP One Penn Center at Suburban Station 1617 John F. Kennedy Blvd Suite 1400 Philadelphia, PA 19103-1814 (251 g3-7000 FULL SPECTRUM SERVICE 400 Fellowship Road, Suite 220 Mt. Laurel, NJ 08054 Ralph P. Schritenthal 1-609-206-5878 Exhibit "C" AFFIDAVIT OF GOOD FAITH INVESTIGATION [ileNuzuhcr: 926590 Attorney Firm: Phelan��Gna��� Subject: Douglas Beffernan-Beioen' Gregory Hefferoao'Heixeo' Courtney Leigh Heiueo& Cynthia Ann Hciaen Current Address: 124 Brookstone Drive, Princeton, NJ 08540 Property Address: 807 Stratford Drive, Carlisle, PA. 17013 Mailing Address: 124 Brookstone Drive, Princeton, NJ 08540 L CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be h'ue and correct Douglas Heffernan-Heisen - not available Gregory Heffernan-Heisen - xxx-xx-4006 Courtney Leigh Heisen - xxx-xx-2170 Cynthia Ann Heisen xxx-xx-3695 B. EMPLOYMENT SEARCH DonglayHeflernoo-Heioen,G/egoryHcffernuo-fle\meo,ConzhueyLein6}{eiaen& Cynthia Arin Heisen - A review of the credit reporting agencies provided no employment information. C. TNQUIRY OF CREDITORS Our i iryo{creditpoebodicotedtbmt[)000]anHnf/eroan-He{senreoide/x\et8O7 Stratford Drive, Carlisle, PA 17013 and Gregory Heffernan-Heisen, Courtney Leigh Heisen C�n����unzI�eioeorenidmio)wd�'124D�ookotonpDrive,Pz�uceton^0U ° ' 08540. 11. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Gregory Heffernan-Heisen reside(s) at: 124 'Brookstone Drive, Princeton, NJ 08540, however had no 1istirg for Douglas Heffernan-Heisen, Courtney Leigh Heisen & Cynthia Ann Heisen. {)u8l-l0'I4 our office made a telephone call to the subject's phone number (609)921-37Il and received the following inforrnation: spoke with an unidentified female who cenfirrned that Douglas Heffemari-Heisen, Gro&o,yHe8eroan'lIeiuen, CunrtoeyLeivbf{eiycn&C yotbia}\ooF{eioeoreuide(u) ut:l24BzoukutoneDzive, Princeton, NJ 08540. III. ADDRESS DNQUTRY A. NATIONAL ADDRESS UPDATE On 01-10-14 we reviewed the National Address database and found the following information: Douglas Heffernan-Heisen 807 Stratford [)rive, Carlisle, PA 17013 and Gregory Heffernan-Heisen, Courtney Leigh Heisen & Cynthia Ann Heisen - 124 Brookstone Drive, Princeton, NJ 08540. B. ADDITIONAL, ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. IV. OTHER INQUIRIES A. DEATH RECORDS As of 01-10-14 Vital Records and all public databases have no death record on file for Douglas Heffernan-Heisen, Gregory Heffernan-Heisen, Courtney Leigh Heisen & Cynthia Ann Heisen, VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Douglas Heffernan-Heisen - not available Gregory Heffernan-Heisen - 1988 Courtney Leigh Heisen - 1990 Cynthia Ann Heisen - not available B. A.K.A. Gregory FI. Heisen * 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 e naItie§of 18 Pa C cc. 4904 relating to unworn falsification to authorities. The above information is obtained from available public records and we are only liable. for the. cost of the affidavit. Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 - 563 -7000 FAX #: 215- 568 -7616 MICHELLE GRAGO Ext. 1241 Representing Lenders in Service Department Pennsylvania March 24, 2014 GREGORY, HEFFERNAN-HEISEN • 807 STRATFORD DRIVE CARLISLE, PA 17013 -3538 . GREGORY HEFFERNAN- HEISEN 124 BROOKSTONE DRIVE PRINCETON, NJ 08540 RE, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. DOUGLAS HEFFERNAN - HEISEN, GREGORY HEFFERNAN - HEISEN, COURTNEY LEIGH HEISEN, CYNTHIA ANN HEISEN and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. I]EISEN, DECEASED Premises Address: 807 STRATFORD DRIVE, CARLISLE, PA 17013 -3538 CUMBERLAND County, No. 13- 6765 -CIVIL Dear Defendants, . 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), ham,seeking concurrence with the :requested relief that is, service of tbe.complaint'by first class mail: and raga edpi±emises. Please respond tome within pne'v eek, by p9s ' I Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Jo M; Etkowicz, Esq., Id. No.208786 At iey for Plaintiff 926590 Name and Address Of Sender Phelan Hallman, LLP 1617 .JFK Boulevard, One Penn Center PI Philadei,hia, PA 19 GREGORY HEFFE 124 BROOKSTONE PRINCETON NJ 08 GREGORY HEFFE 807 STRATFORD D CARLISLE PA 1701 EISEN, in his capacity as Heir of the Estate of RICHARD ISEN, in his capacity as Heir of the Estate of RICHARD F COURTNEY LEIGH 139 WEST 15TH STR NEW YO NY 100 CYNTHIA ANN HEI` 2922 ALDRICH AVE MINNEAPOLIS, MN UNKNOWN HEIRS, S CLAIMING RIGHT, 807 STRATFORD DR CARLISLE PA 17013 ORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASS 1 INTEREST FROM OR UNDER RICHARD F. HEISEN, EISEN (CUMBERLAND) TEAM 4 PH # 926590/1021 Forms 3877 Facsi e The full declaration of value is required on all do for the reconstruction of nonnegotiable documen piece subject to a limit of 5500,000 per occurren The mmximum indemnity Payable is 525,000 for R900 S913 and S921 for limitations of cavcra , estic and international registered mail. The maximum indemnity under Express Mail document reconstruction insurance m 50 payable The maximum indemnity Marl is merchandise 0 per :. "stared mail, sent with ry Payable on Express Marl merchandise is 5500. optional insurance. See Domestic Marl Manual 92659( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff vs. DOUGLAS HEFFERNAN - HEISEN, in his capacity as Administrator and Heir of the Estate of RICHARD F. HEISEN GREGORY HEFFERNAN - HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN COURTNEY LEIGH HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN CYNTHIA ANN HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED Defendants Court of Common Pleas Civil Division CUMBERLAND County cy .." c, No. 13-6765-CIVIL -71 nC x = ..n m - - rn - as -°rn Cn rr N "'J c) --< &-- o, ---r tcC:3 z-n ? � ' A CD Fri -< ORDER AND NOW, this 21 ' day of 1 , 2014, upon consideration of Plaintiff's motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C) *, on the above captioned Defendants, GREGORY HEFFERNAN - HEISEN, in his capacity as Administrator and Heir of the Estate of RICHARD F. HEISEN by: 1. Posting of the premises: 807 STRATFORD DRIVE, CARLISLE, PA 17013 -3538 by the Sheriff or a non -party competent adult; and 926590 2. First class mail to GREGORY HEFFERNAN-HEISEN, in his capacity as Administrator and Heir of the Estate of RICHARD F HEISEN at the last known address, 124 BROOKSTONE DRIVE, PRINCETON, NJ 08540 and at the mortgaged premises located at 807 STRATFORD DRIVE, CARLISLE, PA 17013-3538. Service by mail is complete upon the date of mailing. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY THE COURT: J. *Prior to fulfilling the requirements of service of Notice of Sale as set forth this Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the ent this attempted service is not successful, Plaintiff may proceed with service of the Notice of Sale in confo m ty with this Order. Cc:GREGORY HEFFERNAN-HEISEN 807 STRATFORD DRIVE, CARLISLE, PA 17013-3538 GREGORY HEFFERNAN-HEISEN 124 BROOKSTONE DRIVE PRINCETON, NJ 08540 ei7 trLia,'LL A4-41.J. waiipy _ye) 926590 PHELAN HALLINAN, LLP Emily M. Phelan, Esq., Id. No.315250 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 emily.phelan@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, ASSOCIATION Plaintiff vs. NATIONAL ,1. � f,4 ROTf1BJOT,{ ;HAY -7 Ail 10: 02 `,Ut8EHLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY DOUGLAS HEFFbRNAN-HEISEN, in his capacity as Administrator and Heir of the Estate : of RICHARD F. HEISEN GREGORY HEFF'bRNAN-HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN COURTNEY LEIGH HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN CYNTHIA ANN HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED Defendants No. 13 -6765 -CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: 51I(iy /alg, Svc Dept. File# 926590 By: Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff 4_ 611. -7pc./ �� 3ossss • Phelan Hallinan, LLP Paul Cressman, Esq., Id. No.318079 paul.cressman@phelanhallinan.com 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff vs. DOUGLAS HEFFERNAN-HEISEN, in his capacity as Administrator and Heir of the Estate of RICHARD F. HEISEN GREGORY HEFFERNAN-HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN COURTNEY LEIGH HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN CYNTHIA ANN HEISEN, in her capacity as Heir of the Estate of RICHARD F. HEISEN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F. HEISEN, DECEASED Defendant(s) ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 13 -6765 -CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail, to the following persons, GREGORY HEPPERNAN-HEISEN, in his capacity as Heir of the Estate of RICHARD F. HEISEN at 124 BROOKSTONE DRIVE, PRINCETON, NJ 08540 and 807 STRATFORD PH # 926590 DRIVE, CARLISLE, PA 17013-3538 on May 14, 2014, in accordance with the Order of Court dated April 24, 2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: 5 Zb 1 4 By: Phelan Pa W essman, sq., Id. No.318079 Attorney for Plaintiff Phelan Hallinan, LLP AFFIDAVIT OF SERVICE — CUMBERLAND PAW PLEASE POST BY: 06/06/2014 PLAINTIFF COUNTY: COURT CUMBERLAND NO. 13- 6765 -CIVIL JPMORGAN CHASE BANK, NATIONAL ASSOCIATION DEFENDANT GREGORY HEFFERNAN - HEISEN TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 807 STRATFORD DRIVE, CARLISLE, PA 17013- XX Civil Action 3538 Complaint on Promissory Note ** *PLEASE POST THE PROPERTY * ** * * *IN ACCORDANCE WITH THE * * * ** ** *ATTACHED COURT ORDER * * * * ** Served Posted and made known GREGORY HEFFERNAN - HEISEN, Defendant on the lg./May of M 4-1 20 ( 4 at 3;&b o'clock, p . M., at 807 STRATFORD DRIVE, CARLISLE, PA 17013 -3538, in the manner described below: Defendant persona11 ' served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name /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 office of said defendant company. Other: 7DSTE T 4 4-E T A P i11f Description: Age Height Weight Race Sex Other I Ronald Moll a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 r•lataiunsworn fal,'ficat.on to authorities. DATE: NAME: .��: PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the day of 20 at o'clock Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at Service Refused Other: PH # 926590 \'5 at 5 3uP _ 0 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite One Penn Center Plaza "` " ' ''``"' Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County DOUGLAS HEFFERNAN-HEISEN, IN HIS CAPACITY : No.13-6765-CIVIL AS ADMINISTRATOR AND HEIR OF THE ESTATE OF : RICHARD F.HEISEN GREGORY HEFFERNAN-HEISEN, IN HIS CAPACITY AS HEIR OF THE ESTATE OF RICHARD F.HEISEN COURTNEY LEIGH HEISEN, IN HER CAPACITY AS HEIR OF THE ESTATE OF RICHARD F.HEISEN CYNTHIA ANN HEISEN, IN HER CAPACITY AS HEIR OF THE ESTATE OF RICHARD F.HEISEN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F.HEISEN,DECEASED Defendant(s) PRAECIPE TO THE PROTHONOTARY: ® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled, Discontinued and Ended. ❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: ���'f�� PHELAN HALLINAN,LLP By: Kenya Bate ,Esq.,Id.No.203664 Attorney for Plaintiff PH#926590 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DOUGLAS HEFFERNAN-HEISEN, IN HIS CAPACITY AS ADMINISTRATOR AND HEIR OF THE ESTATE OF RICHARD F. No.13-6765-CIVIL HEISEN GREGORY HEFFERNAN-HEISEN, IN HIS CAPACITY AS HEIR OF THE ESTATE OF RICHARD F.HEISEN COURTNEY LEIGH HEISEN,IN HER CAPACITY AS HEIR OF THE ESTATE OF RICHARD F.HEISEN CYNTHIA ANN HEISEN, IN HER CAPACITY AS HEIR OF THE ESTATE OF RICHARD F.HEISEN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD F.HEISEN,DECEASED Defendant(s) CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: DOUGLAS HEFFERNAN-HEISEN UNKNOWN HEIRS 807 STRATFORD DRIVE CARLISLE,PA 17013-3538 GREGORY HEFFERNAN-HEISEN 124 BROOKSTONE DRIVE PRINCETON,NJ 08540 COURTNEY LEIGH HEISEN 139 WEST 15TH STREET,APT 3R NEW YORK,NY 10011 CYNTHIA ANN HEISEN 2922 ALDRICH AVE S,APT 303 MINNEAPOLIS,MN 55408-4296 Date: �O •� PHELAN HALLINAN, LLP By: Kenya Bates,Esq.,Id.No.203664 Attorney for Plaintiff