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HomeMy WebLinkAbout14-1451 Supreme Court-of Pennsylvania Cour c inm'o i Pleas Sheet For Prothonotary Use Only: Civ><1C CU MBE AN County Docket No: 0 0 F The information collected on this form is used solely for court administration purposes. This form does not supplement or rep lace the filing and service ofpleadings or other papers as req uired by lmv or rules o court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E O Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: SANTANDER BANK, N.A. Lead Defendant's Name: LESLIE E. LAMP T I Are money damages requested? ❑Yes 0 No Dollar Amount Requested: ❑ within arbitration limits O'l (Check one) Z outside arbitration limits N Is this a Class Action Suit? []Yes 9 No Is this an MDJ Appeal? ❑ Yes N No A Name of PlaintifflAppellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self - Represented (Pro Sej 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 O Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution O 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: El Employment Dispute: Other ❑ Zoning Board C ❑ Other: T j MASS TORT ❑ Other: U ❑ 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 ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title O Other: ❑ Other: • Medical • Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 �' I Ate I: t PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215 -563 -7000 SANTANDER BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 COURT OF COMMON PLEAS WILMINGTON, DE 19801 Plaintiff CIVIL DIVISION V. TERM LESLIE E. LAMP NO. l _ I l.I S I 0 1V 111 HERMAN AVENUE LEMOYNE, PA 17043 -1936 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 936921 }� �� Do c) 1. Plaintiff is SANTANDER BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 2. The name(s) and last known address(es) of the Defendant(s) are: LESLIE E. LAMP 111 HERMAN AVENUE LEMOYNE, PA 17043 -1936 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/16/2009 LESLIE E. LAMP made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR COMMERCE BANK/ HARRISBURG, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200901742. By Assignment of Mortgage recorded 01/27/2014 the mortgage was assigned to SANTANDER BANK, N.A, which Assignment is recorded in Assignment of Mortgage Instrument No. 201401932.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. Sovereign Bank is now known as Santander Bank, N.A. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2013 and each month thereafter are due and unpaid, and by the terms File #: 936921 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. 7. The following amounts are due on the mortgage as of 02/21/2014: Principal Balance Interest $89,806.87 05/01/2013 through 02/21/2014 $5,033.50 Late Charges Property Inspections $14000 $270 Mortgage Insurance Premium / .00 Private Mortgage Insurance $39.74 Escrow Deficit TOTAL 601.93 $95,892.91 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9• Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 936921 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $95,892.91, 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: John D. Kro , Esq., Id. No.312244 Attorney for Plaintiff File #: 936921 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lemoyne Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the North side of Herman Avenue, said point being ninety (90) feet westwardly along the North side of Herman Avenue from South First Street (formerly Bucher Street); thence along the North side of Herman Avenue South fifty -four (54) degrees West a distance of twenty (20) feet to a point; thence North thirty -six (36) degrees West, a distance of one - hundred fifty (150) feet to Peach Alley; thence North fifty -four (54) degrees East a distance of twenty (20) feet along Peach Alley to a point; thence South thirty -six (36) degrees East on a line through the center of a partition wall of houses Nos. 109 and 111 Herman Avenue and beyond a distance of one hundred fifty (150) feet to the North side of Herman Avenue to a point, the place of BEGINNING. BEING THE SAME premises which Leland J. Ocamb and Elaine G. Ocamb, husband and wife, by Deed bearing date the 16th day of January, 2009, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Leslie E. Lamp. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TAX MAP 12 -21 -0265 -375 PROPERTY ADDRESS: 111 HERMAN AVENUE, LEMOYNE, PA 17043 -1936 PARCEL #12 -21- 0265 -375 File #: 936921 VERIFICATION k a- ,� �Orrl hereby states that he /she is L ff a l m— e � m i r 5 � ( �lU'o f SANTANDER BANK, N.A., Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Name rGk ell e - - 7 �iwntik_ Title: f�CLt9� �G�j 1') ► Yl SANTANDER BANK, N.A. File #: 936921 Name: LAMP File #: 936921 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 #: 936921 FORM 1 IN THE COURT OF COMMON PLEAS SANTANDER BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. LESLIE E. LAMP l H if Defendants 1 ✓ 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 represenative 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: 3�ii /iLf 9.4� Date John D. Krohn, Esq., Id. No.312244 r - >> Attorney for Plaintiff r ry w- A(Z: C Car` 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: -- Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Z' 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 ° Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ 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) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 20r4NAR 2 f H 23 CUtif.ERLAND PENNSYLW,i1A oFFICF OF 1101,-: fi,:ffifFRIFF Santander Bank, N.A. vs. Leslie Eden Lamp Case Number 2014-1451 SHERIFF'S RETURN OF SERVICE 03/14/2014 04:12 PM - Deputy Dawn Kell, 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 Kate Revell, Girlfriend/Occupant, who accepted as "Adult Person in Charge" for Leslie Eden Lamp at 111 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043. SHERIFF COST: $46.08 SO ANSWERS, March 18, 2014 RONNYRANDERSON, SHERIFF (cif CountySuito Sheriff, Teleosoft, - FJEr OF THE PROTHONOTARY 2014JUL 24 At111:21 CUMBBRLAlsiD COUNTY PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 SANTANDER BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 Plaintiff v. LESLIE E. LAMP 111 HERMAN AVENUE LEMOYNE, PA 17043-1936 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division No. 14 -1451 -CIVIL Cumberland County MOTION TO LIFT CONCILIATION STAY Plaintiff, Santander Bank, N.A. (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On March 12, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due June 1, 2013, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A". 2. On March 14, 2014, Plaintiff completed service of the Complaint in Mortgage 936921 Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendants. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant has failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 936921 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: n 2,3 i t1 BY: 936921 Respectfully submitted, PHELAN HALLINAN, LLP s: Ph tto P Schalk, Esquire ey for Plaintiff Exhibit "A" S E C T I 0 N A S E C T I 0 N B Supreme Court of Pennsylvania Courtrof Common Pleas CIvi.i,Cover Sheet CUMBERLAND 1J' County For Prothonotary Use Only: Docket.No: The information collected on this form is used solely for court administration purposes, This form does not .s a ),gement on tplctee the.. lin and service r.s. or other Ixtp rt as tie t+tred by law or rules.,o/ court. Commencement of Action: El Complaint 0 Writ of Summons O Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiffs Name: SANTANDER BANK, N,A. Lead Defendant's Name: LESLIE E. LAMP Dollar Amount Requested: 0 within arbitration limits (Check one). 0 outside arbitration limits Are money damages requested? ■yes ©No Is this an MDJ Appeal? 0 Yes © No Is this a Class Action Suit? 0 Yes t4 No Name of Plaintiff/Appellant's Attorney: John D, Krohn. Esq., Id. No.312244. Phelan Hallinan, LLP (are a Self -Represented [Pro Se] Litigant) 0 Check here if you have no attorney 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) O Intentional O Malicious Prosecution O Motor Vehicle ❑ Nuisance O Premises Liability O Product Liability (does not include mass tort) O Slander/Libel/ Defamation O Other: MASS TORT 0 Asbestos O Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant O Toxic Waste ❑ Other: PROFESSIONAL LIABILITY 0 Dental O Legal ❑ Medical ❑ Other Professional: Pa.R. C P. 205.5 CONTRACT (do not include Judgments) O Buyer Plaintiff O Debt Collection: Credit Card ❑ Debt Collection: Other 0 Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Other;. REAL PROPERTY ❑ Ejeotment 0 Eminent Domain/Condemnation ❑ Ground Rent 0 Landlord/Tenant Dispute ® Mortgage Foreclosure: Residential © Mortgage Foreclosure: Commercial 0 Partition 0 Quiet Title 0 Other: CIVIL APPEALS Administrative Agencies 0 Board of Assessment 0 Board of Elections ❑ Dept. of Transportation 0 Statutory Appeal: Other O Zoning Board ❑ Other; MISCELLANEOUS 0 Common Law/Statutory Arbitration 0 Declaratory Judgment O Mandamus O Non -Domestic Relations Restraining Order 0 Quo Warranto ❑ Replevin 0 Other: Updated 01/01/2011 SANTANDER BANK, N.A, VS.. LESLIE E. LAMP Plaintiff(s) Defendant(s) FORM 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 MicPenn 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 represutative 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 mit 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 MldPenn 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. Date Abri" Respectfully submitted: John D. Krohn, Esq., Id_ No.312244 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? YesD. No.0 Listing date: Price: Realtor Name: Borrower Occupied? Mailing Address (if differen City: Phone Numbers: Yes 0 No I 7ealior Phone: Home: Cell: Email: # of people in household: How long? Mailing Address: City: Phone Numbers: Email: # of people in household: State: Zip: Office: Other: Home: Cell: .. Office: Other: tate:_ zip How long? 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 0. 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 # I: 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_ _Y wMonthly 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) EXPENSEAMOUNT EXPENSE AMOUNT Mortgage Food 2" Morta g e Utilities Condo/Neigh, Fees Me d. (not covered) _ Car Payment(s).. _. Auto Insurance Auto fuel/repairsOther prop. payment Cable TV_ Install. Loan Payment Child Support/Alim, Spending Money Other Expenses Day/Child Care/Tuit. Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No D If yes, please provide the following information: Counseling Agency: Phone (Office): Fax Counselor: 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 El 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);, .. Servicing Company (Name): Contact: Phbrie: Phone:. 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) 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 Filet': 936921 PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.corn 215-563-7000 SANTANDER BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 Plaintiff LESLIE E. LAMP 111 HERMAN AVENUE LEMOYNE, PA 17043-1936 Defendant tifiR /2 411 10: Li PENNSCUMUERLAND.COUNTy YL VAN/A ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ILI— ILI Si CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Pile #: 936921 siD3. xi el, Noe5))6 ?6DtRst, Plaintiff is SANTANDER BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 2, The name(s) and last known address(es) of the Defendant(s) are; LESLIE E. LAMP 111 HERMAN AVENUE LEMOYNE, PA 17043-1936 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3 On 01/16/2009 LESLIE E. LAMP made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSIE,MS, INC. AS NOMINEE FOR COMMERCE BANK/ HARRISBURG, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200901742. By Assignment of Mortgage recorded 01/27/2014 the mortgage was assigned to SANTANDER BANK, N.A, which Assignment is recorded in Assignment of Mortgage Instrument No, 201401932.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. Sovereign Bank is now known as Santander Bank, N.A. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2013 and each month thereafter are due and unpaid, and by the terms 1iIc# 936921 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. 7. The following amounts are due on the mortgage as of 02/21/2014: Principal Balance $89,806.87 Interest $5,033.50 05/01/2013 through 02/21/2014 Late Charges $270.87 Property Inspections $140.00 Mortgage Insurance Premium / $39.74 Private Mortgage Insurance Escrow Deficit $601.93 TOTAL $95,892.91 8, Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a banlcruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9, Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program, pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. Ficl: 936921 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $95,892.91, 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 John D. K'c'�i Esq., Id, No.312244 Attorney forPlaiilt :ff File #: 936921 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lemoyne Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the North side of Herman Avenue, said point being ninety (90) feet westwardly along the North side of Herman Avenue from South First Street (formerly Bucher Street); thence along the North side of Herman Avenue South fifty-four (54) degrees West a distance of twenty (20) feet to a point; thence North thirty-six (36) degrees West, a distance of one -hundred fifty (150) feet to Peach Alley; thence North fifty-four (54) degrees East a distance of twenty (20) feet along Peach Alley to a point; thence South thirty-six (36) degrees East on a line through the center of a partition wall of houses Nos. 109 and 111 Herman Avenue and beyond a distance of one hundred fifty (150) feet to the North side of Herman Avenue to a point, the place of BEGINNING, BEING THE SAME premises which Leland J. Ocamb and Elaine G. Ocamb, husband and wife, by Deed bearing date the 16th day of January, 2009, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Leslie E. Lamp. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TAX MAP 12-21-0265-375 PROPERTY ADDRESS: 111 HERMAN AVENUE, LEMOYNE, PA 17043-1936 PARCEL #12-21-0265-375 Efle #: 936921 VERIFICATION f iho) i vDYV hereby states that he/she is bleGidpte In in drafro f SANTANDER BANK, N.A., Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: File#: 936921. Name: LAMP File 11: 936921 Title: 1 Q j dIh t ry t SANTANDER BANK, N.A. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 0 taint itp0P Woo OFf ICE OF THE SHORIFF Santander Bank, N.A. Case Number VS. 2014-1451 Leslie Eden Lamp SI4PRIPP'S PrruPN nP SFRVECF 03114/2014 04:12 PM - Deputy Dawn Kell,:heing duly sworn according to law, served the requested Notice of ke-SideritiatiVieirtoesite.ForaCtriaure DIVersion Progiain and secitriptAltil in Mivitcpsip4For 1ngui hy hsoding a true copy to a person representing themselves to be Kate Revell, GireriencitOccupant, who accepted as "Adult Person In Charge" for Leslie Eden Lamp at 111 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043. SHERIFF COST: $46.08 March 18,2014 DAWN KELL, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ? )" (0) CousaySulpo Shenk Towson Inc. PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 SANTANDER BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 Plaintiff v. LESLIE E. LAMP 111 HERMAN AVENUE LEMOYNE, PA 17043-1936 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division No. 14 -1451 -CIVIL Cumberland County CERTIFICATION OF SERVICE I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiff's Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: LESLIE E. LAMP 111 HERMAN AVENUE LEMOYNE, PA 17043-1936 Date: i 23 11 y By: 936921 chalk, Esquire y for Plaintiff .4} IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A. Court of Common Pleas 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 Civil Division Plaintiff No. 14 -1451 -CIVIL v. Cumberland County LESLIE E. LAMP 111 HERMAN AVENUE LEMOYNE, PA 17043-1936 Defendant ORDER AND NOW, this 2q' day of *tit , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. cc: "L 'e E. Lamp Joseph P. Schalk, Esquire, Id. No. 91656 Attorney for Plaintiff` 936921 Co 1115' , , ai�J°•4 7 9//q_ (7171 ., a •--4 N 3> --C -.4 ..) PHELAN HALL1NAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 LESLIE E. LAMP 111 HERMAN AVENUE LEMOYNE, PA 17043-1936 936921 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. vs. LESLIE E. LAMP t- ILED-OFFICL. 'JF THE PRO THONG TAII Attorney for Plaintiff 2I11 SEP 24 AN IC: CUMBERLAND COUNTY PENNS YLVANIA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2014-1451 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LESLIE E. LAMP, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint TOTAL $95,892.91 $95,892.91 I hereby certify that (1) the Defendant's last known address is 111 HERMAN AVENUE, LEMOYNE, PA 17043-1936, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 6(7,3111 DAMAGES REHEREBYASSESSED AS INDICATED. DATE: ) PH # 936921 a han Lobb, Esq., Id. No.312174 ttorney for Plaintiff PROTHONOTARY au) ge.Sepacit /L/79q 936921 I Li (IS I k) IVICIAMd PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Attorney for Plaintiff SANTANDER BANK, N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION LESLIE E. LAMP : No. 2014-1451 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) LESLIE E. LAMP is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant LESLIE E. LAMP is over 18 years of age and resides at 111 HERMAN AVENUE, LEMOYNE, PA 17043-1936. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phe" Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 936921 Department of Defense Manpower Data Center Status Report Pursuant to Sery c lief Act Last Name: LAMP First Name: LESLIE Middle Name: E Active Duty Status As Of: Sep -23-2014 Results as of : Sep -23.2014 12:05:42 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA ,, . _ ... ._ a y' � NO `- NA This response reflects the, individuals' active duty stalus-based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA --,NA _ . _ ... ._ a y' � NO `- NA This response reflects Where,the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HisfHer Unit Was Notified of a Future Cali -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA : NA No NA s This response reflects whether the individual or'his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised SANTANDER BANK, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS LESLIE E. LAMP : CIVIL DIVISION : No. 2014-1451 against you on Notice is given that a Judgment in the above captioned matter has been entered By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * 936921 SANTANDER BANK, N.A. COURT OF COMMON PLEAS V. LESLIE E. LAMP Plaintiff Defendant(s) TO LESLIE E. LAMP 111 HERMAN AVENUE LEMOYNE, PA 1704. DATE DATE OF NOTICE: CIVIL DIVISION NO. 2014-1451 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN l'EN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 936921 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 MichaelMithaei Dmgcrdissen., Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 tiro* Miff•0113" iSso ..a. P.R.C.P. 3180-3183 Santander Bank, N.A. Plaintiff V. Leslie E. Lamp Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/25/2014 to Date of Sale ($15.76 per diem) TOTAL Note: Please attach description of property. PH # 936921 COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 2014-1451 CUMBERLAND COUNTY $95,892.91 $2,537.36 $98,430.27 Phel Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Mrs ""1,' C;) CAD CO ;I- of -fscusJ LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lemoyne Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the North side of Herman Avenue, said point being ninety (90) feet westwardly along the North side of Herman Avenue from South First Street (formerly Bucher Street); thence along the North side of Herman Avenue South fifty-four (54) degrees West a distance of twenty (20) feet to a point; thence North thirty-six (36) degrees West, a distance of one -hundred fifty (150) feet to Peach Alley; thence North fifty-four (54) degrees East a distance of twenty (20) feet along Peach Alley to a point; thence South thirty-six (36) degrees East on a line through the center of a partition wall of houses Nos. 109 and 111 Herman Avenue and beyond a distance of one hundred fifty (150) feet to the North side of Herman Avenue to a point, the place of BEGINNING. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Leslie E. Lamp, single individual, by Deed from Leland J. Ocamb and Elaine G. Ocamb, h/w, dated 01/16/2009, recorded 01/22/2009 in Instrument Number 200901741. PREMISES BEING: 111 Herman Avenue, Lemoyne, PA 17043-1936 PARCEL NO. 12-21-0265-375 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Santander Bank, N.A. Plaintiff V. Leslie E. Lamp Defendant(s) ;LED- 'OFFICE .JF THE PRO MOHO TA 2i11,14 SEP 21: AU Attorneys for Plaintiff CUMCERL A 1:.!D COUNT Y Pa,"NS CERTIFICATION : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 2014-1451 CUMBERLAND County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Ian Hallinan, LLP onathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Santander Bank, N.A. Plaintiff V. Leslie E. Lamp Defendant(s) ;-'iLEO—OFFI,„'L LIF HE PRO THOHO -.17,i :. , . COURT OF COMMON PLEAS ZEILi SEP 24 /Ili iC: ,''''',, . CIVIL DIVISION CUMDERL AND NO.: 2014-1451 COITTv : PEci\IS'''' ,,,i,..t; • CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Santander Bank, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 111 Herman Avenue, Lemoyne, PA 17043-1936. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Leslie E. Lamp 111 Herman Avenue Lemoyne, PA 17043-1936 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Leslie E. Lamp 111 Herman Avenue Lemoyne, PA 17043-1936 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) James C. Costopoulos 10 Courthouse Avenue Suite 103 Carlisle, PA 17013 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 936921 *of 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 111 Herman Avenue Lemoyne, PA 17043-1936 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: q/7 3 1/1( PH # 936921 • By: P an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 tiro* Miff•0113" iSso ..a. P.R.C.P. 3180-3183 Santander Bank, N.A. Plaintiff V. Leslie E. Lamp Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/25/2014 to Date of Sale ($15.76 per diem) TOTAL Note: Please attach description of property. PH # 936921 COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 2014-1451 CUMBERLAND COUNTY $95,892.91 $2,537.36 $98,430.27 Phel Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Mrs ""1,' C;) CAD CO ;I- of -fscusJ LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lemoyne Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the North side of Herman Avenue, said point being ninety (90) feet westwardly along the North side of Herman Avenue from South First Street (formerly Bucher Street); thence along the North side of Herman Avenue South fifty-four (54) degrees West a distance of twenty (20) feet to a point; thence North thirty-six (36) degrees West, a distance of one -hundred fifty (150) feet to Peach Alley; thence North fifty-four (54) degrees East a distance of twenty (20) feet along Peach Alley to a point; thence South thirty-six (36) degrees East on a line through the center of a partition wall of houses Nos. 109 and 111 Herman Avenue and beyond a distance of one hundred fifty (150) feet to the North side of Herman Avenue to a point, the place of BEGINNING. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Leslie E. Lamp, single individual, by Deed from Leland J. Ocamb and Elaine G. Ocamb, h/w, dated 01/16/2009, recorded 01/22/2009 in Instrument Number 200901741. PREMISES BEING: 111 Herman Avenue, Lemoyne, PA 17043-1936 PARCEL NO. 12-21-0265-375 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Santander Bank, N.A. Plaintiff V. Leslie E. Lamp Defendant(s) ;LED- 'OFFICE .JF THE PRO MOHO TA 2i11,14 SEP 21: AU Attorneys for Plaintiff CUMCERL A 1:.!D COUNT Y Pa,"NS CERTIFICATION : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 2014-1451 CUMBERLAND County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Ian Hallinan, LLP onathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Santander Bank, N.A. Plaintiff V. Leslie E. Lamp Defendant(s) ;-'iLEO—OFFI,„'L LIF HE PRO THOHO -.17,i :. , . COURT OF COMMON PLEAS ZEILi SEP 24 /Ili iC: ,''''',, . CIVIL DIVISION CUMDERL AND NO.: 2014-1451 COITTv : PEci\IS'''' ,,,i,..t; • CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Santander Bank, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 111 Herman Avenue, Lemoyne, PA 17043-1936. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Leslie E. Lamp 111 Herman Avenue Lemoyne, PA 17043-1936 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Leslie E. Lamp 111 Herman Avenue Lemoyne, PA 17043-1936 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) James C. Costopoulos 10 Courthouse Avenue Suite 103 Carlisle, PA 17013 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 936921 *of 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 111 Herman Avenue Lemoyne, PA 17043-1936 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: q/7 3 1/1( PH # 936921 • By: P an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Santander Bank, N.A. Leslie E. Lamp vs. HE PRO THONO Tq r, : COURT OF COMMON PLEAS 2°14 SEP 24 � I�laili ff : CIVIL DIVISION CUMBERLAND COUNTY PENNSYLvgf;�q : NO.: 2014-1451 Defendant(s) : CUMBERLAND County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Leslie E. Lamp 111 Herman Avenue Lemoyne, PA 17043-1936 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 111 Herman Avenue, Lemoyne, PA 17043-1936 is scheduled to be sold at the Sheriff's Sale on 03/04/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $95,892.91 obtained by Santander Bank, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooneryou contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 2014-1451 Santander Bank, N.A. V. Leslie E. Lamp owner(s) of property situate in LEMOYNE BOROUGH, CUMBERLAND County, Pennsylvania, being 111 Herman Avenue, Lemoyne, PA 17043-1936 Parcel No. 12-21-0265-375 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $95,892.91 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lemoyne Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the North side of Herman Avenue, said point being ninety (90) feet westwardly along the North side of Herman Avenue from South First Street (formerly Bucher Street); thence along the North side of Herman Avenue South fifty-four (54) degrees West a distance of twenty (20) feet to a point; thence North thirty-six (36) degrees West, a distance of one -hundred fifty (150) feet to Peach Alley; thence North fifty-four (54) degrees East a distance of twenty (20) feet along Peach Alley to a point; thence South thirty-six (36) degrees East on a line through the center of a partition wall of houses Nos. 109 and 111 Herman Avenue and beyond a distance of one hundred fifty (150) feet to the North side of Herman Avenue to a point, the place of BEGINNING. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Leslie E. Lamp, single individual, by Deed from Leland J. Ocamb and Elaine G. Ocamb, h/w, dated 01/16/2009, recorded 01/22/2009 in Instrument Number 200901741. PREMISES BEING: 111 Herman Avenue, Lemoyne, PA 17043-1936 PARCEL NO. 12-21-0265-375 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net SANTANDER BANK, N.A. Vs. LESLIE E. LAMP WRIT OF EXECUTION NO 14-1451 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $95,892.91 L.L.: $.50 Interest FROM 9/25/2014 TO DATE OF SALE ($15.76 PER DIEM) - $2,537.36 Atty's Comm: Due Prothy: $2.25 Atty Paid: $194.83 Other Costs: Plaintiff Paid: Date: 9/24/2014 (J David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: JONATHAN LOBB, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312174 PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 peter.wapner@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. kt .0:21 COUNT NIA CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. CIVIL DIVISION LESLIE E. LAMP NO. 2014-1451 Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP; petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above -captioned Defendant, LESLIE E. LAMP, by certified mail and regular mail to LESLIE E. LAMP at 111 HERMAN AVENUE, LEMOYNE, PA 17043-1936 and posting 111 HERMAN AVENUE, LEMOYNE, PA 17043- 1936 and publication pursuant to PA.R.C.P. 3129.2 (D) and. in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged propertyinvolved herein has been scheduled for March 4, 2015. 2. Pennsylvania Rule of Civil Procedure (Pa.R,C.P;) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, LESLIE E. LAMP, with the Notice of Sale at the mortgaged premises, 111 HERMAN AVENUE, LEMOYNE, PA 17043-1936, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The property was found to be vacant. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. In addition to traditional sources, the above investigation searched numerous internet websites including LexisNexis, the social security death index, and WhitePages.com using the defendant's/defendants' social security number where possible in attempt to locate the defendant(s). 6. Plaintiff contacted the Prothontary's Office and as of November 11, 2014, no Judge has previously entered a ruling in this case. 7. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on NOVEMBER 24, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs NOVEMBER 24, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 8. Plaintiff submits that it has made a good faith effort to locate the Defendant, LESLIE E. LAMP, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to LESLIE E. LAMP at 111 HERMAN AVENUE, LEMOYNE, PA 17043-1936 and posting 111 HERMAN AVENUE, LEMOYNE, PA 17043-1936 and by publication. Phelan Hallinan, LLP DATE: li)-Wt[r By: PETER') APNER, Esquire Bar ID No: 318263 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 peter.wapner@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. CIVIL DIVISION LESLIE E. LAMP NO. 2014-1451 Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, LESLIE E. LAMP, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to LESLIE E. LAMP at 111 HERMAN AVENUE, LEMOYNE, PA 17043-1936 and posting 111 HERMAN AVENUE, LEMOYNE, PA 17043-1936 and by publication pursuant to PA.R.C.P. 3129.2. DATE: t2,611 Phelan Hallinan, LLP By: PETER WAPNER, Esquire Bar ID No: 318263 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 peter.wapner@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. v. LESLIE E. LAMP Plaintiff Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2014-1451 CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. LESLIE E. LAMP 111 HERMAN AVENUE LEMOYNE, PA 17043-1936 DATE: rnol/, Phelan Hallinan, LLP By: i( 1 vide`-/ PETER WAPNER, Esquire Bar ID No: 318263 Attorney for Plaintiff EXHIBIT "A" PLAINTIFF SANTANDER BANK, N.A. DEFENDANT LESLIE E. LAMP SERVE LESLIE E. LAMP AT: 111 HERMAN AVENUE LEMOYNE, PA 17043-1936 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 936921 SERVICE TEAM/ lzh COURT NO.. 2014.1451 TYPE OF ACTION KR Notice of Sheriff's Sale SALE DATE: March 4, 2015 SERVED Served and made known to LESLIE E. LAMP. Defendant on the _ day of . 20 _, at . o'clock _ M., al:. in the manner described below: Defendant personally served. ... Aduh family member with whom Defendant(s) reside(s). Relationship is . Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other.. .. Description: Age Height Weight Race Sex Other I, , a competent adult, hereby verify that I personally handed a true and correct copy of the jiotice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to =sworn falsification to authorities. DATE:..... - - . NAME PRINTED NAME: TTI ZE:: On the tD Itste that De Vacant sERv� NOT.FOt3NDb us — o clock M , I, _ Does Not Exist ✓Moved _ Does Not Reside (Not Vacant) _No Answer on at at Service Refused Other. Ronald Mull, a competent adult hereby •«: ' this statement ' made, subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn fajsificati•;; i , ,• •rides. BY: ta, iatarink:4 PRINTED NAME:. R. aid Moll ATTORNEY FOR PLAINTIFF Phelan Hallinan. l.I2 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Process Servers Checklist File Number: 93 If service is made: (spouse's names/addresses if not the same) Wife: Husband: Divorced: Yes ( ) No ( ) Separated: Yes ( ) No ( ) If no service is made: Are the premises vacant? Yes (VI No ( ) Boarded/Abandoned Yes ( ) No ( ) Is there a name on the mailbox? Yes ( ) No (i4 Is it the defendant(s)? Yes ( ) No ( ) Was Acre neighbor contact? Yes () No (i/i Left Side Right Side Opposite "For Sale" sign? Yes ( ) No ( ) "For Rent" sign? Yes ( ) No ( ) Realtor's name: M/%1.0 1(7. ‘, Phone ber: .717- 74 - G300 Is tlaere a car in the driveway? Yes ( ) No ( tif Plate number:, State Additional information: EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 936921 Attorney Firm: Phelan Hallinan, LLP Subject: Leslie E. Lamp Property Address: 111 Herman Avenue, Lemoyne, PA 17043 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Leslie E. Lamp - xxx-xx-2809 B. EMPLOYMENT SEARCH Leslie E. Lamp - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Leslie E. Lamp reside(s) at 111 Herman Avenue, Lemoyne, PA 17043. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Leslie E. Lamp. B. On10-30-14 our office made searched directory assistance databases, which had no phone number for Leslie E. Lamp. III. INQUIRY OF NEIGHBORS On 10-30-14 our office made a phone call in an attentpt to contact John N. Rodnick (717) 695- 4615,117 Herman Avenue, Lemoyne, PA 17043: spoke with an unidentified male who could not confirm that the subject reside(s) at 111 Herman Avenue, Lemoyne, PA 17043. On 10-30-14 our office made several phone calls in an attempt to contact Janine M. Krammes (717) 737-3929,109 Herman Avenue, Lemoyne, PA 17043: no answer. On 10-30-14 our office made several phone calls in an attempt to contact Gary G. Harlacher • (717)' 763-461.0,103 Herman Avenue, Lemoyne, PA 17043: answering machine.. N. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-30-14 we reviewed the National Address database and found the following information: Leslie E. Lamp -111 Herman Avenue, Lemoyne, PA 17043. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS - .. • • • As of 10-30-14 Vital Records and all public databases have nodeath record on file for Leslie E. Lamp. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Leslie E. Lamp - not available * The following accessible Internet databases have been checked and cross-referenced for the above named individual(s). SSN Subject Summary Others Using SSN Address Summary Voter Registrations Driver Licenses Professional Licenses Health Care Providers Health Care Sanctions Pilot Licenses Sport Licenses Real Property Assets Motor Vehicle Registrations Boats Aircraft Bankruptcy Information Judgments/ Liens UCC Liens Fictitious Businesses Notice Of Defaults Business Associates Person Associates Neighbors Employment Locator 'Criminal Filings Cellular & Alternate Phones 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 CS. Sec. 4904 relating to unsworn falsification to authorities. bud au, The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "A" EXHIBIT "B" Name and Address Of Sender Phelan Hallinan,LLP 1617 JFKK Boulevard, vard, Suite 1400 One Penn Center Plaza M Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** S0.48 2 **** Leslie E. Lamp $0.48 111 HERMAN AVENUE LEMOYNE, PA 17043-1936 RE: LESLIE E. LAMP (CUMBERLAND) TEAM 4 PH # 936921/1021 Page 1 of 1 $0.96 *********CONCURRENCE REVIEW ONLY*******a**s*a*assn Tont Number of Total Number ofPieces Pomaerle . Per (Name of The fell declension o[vdue is reeked en a l domestic sed imasaticmat revered mail. The ma: Pieces Listed by Seder Received a Peat Ohm Receiving Employee) for die reooamvetioe of nomegooabie documents under Expels Mal dowses limit SSo0.000 The indemnity reconstruction is as Serest piece subject to a of per ooeneeoe. maximum 1*yable The indemnity is 523.000 fir mail. set with optional insurance. See maximum pride ninon MOO 3913 and S921 for limitations of coverage. Form 3877 Facsimile PH # 936! EXHIBIT "C LAUREN MATTER, Service Department November 17, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail LAUREN.MATTER@fedphe.com Legal Assistant, Ext. 1399 Representing Lenders in Pennsylvania LESLIE E. LAMP 111 HERMAN AVENUE LEMOYNE, PA 17043-1936 RE: SANTANDER BANK, N.A. v. LESLIE E. LAMP Premises Address: 111 HERMAN AVENUE, LEMOYNE, PA 17043-1936 CUMBERLAND County, No. 2014-1451 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by NOVEMBER 24, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LAUREN MATTER, Legal Assistant for Phelan Hallinan, LLP PH # 936921 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A. v. LESLIE E. LAMP Plaintiff Defendant AND NOW, this CIVIL DIVISION rnm ar NO. 2014-1451 ORDER S- day of , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant LESLIE E. LAMP by: REGULAR MAIL TO LESLIE E. LAMP at 111 HERMAN AVENUE, LEMOYNE, PA 17043-1936 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO LESLIE E. LAMP at 111 HERMAN AVENUE, LEMOYNE, PA 17043-1936 Service by mail is complete upon the date of mailing POSTING 111 HERMAN AVENUE, LEMOYNE, PA 17043- 1936 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). PH # 936921 CCAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 191Q3