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HomeMy WebLinkAbout14-3895 Supreme Co " 'ennsylvania CoU f Camruo leas For Prothonotary Use Only: s fy C . ,il . .or She �t f' Docket No: Cuerlarid County 3 (� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S lXl Complaint © Writ of Summons El Petition 13 Transfer from Another Jurisdiction 13 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Caliber Home Loans, In.f/k/a Vericrest Financial, Inc. Lisa Heyman T I Are more damages requested? 0 Yes x' NO Dollar Amount Requested: within arbitration limits Y g 9 (check one) outside arbitration limits O N Is this a Class Action Suit? ❑ Yes S No Is this an MDJAppeal? Yes ED No A Name of Plaintiff/Appellant's Attorney: Kevin P Diskin, Esquire J 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 0 Malicious Prosecution Debt Collection:Credit Card 0 Board of Assessment [ Motor Vehicle © Debt Collection:Other Board of Elections 0 Nuisance Dept.of Transportation S 0 Premises Liability 8 Statutory Appeal:Other El Product Liability(does not include E mass tort) ® Employment Dispute: Slander/Libel/Defamation Discrimination C ( Other: 0 Employment Dispute:Other 0 Zoning Board .I, ® Other: I l3 Other: O MASS TORT k I Asbestos N El Tobacco Toxic Tort-DES © Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS © Toxic Waste © Other: © Ejectment n Common Law/Statutory Arbitration B lA Eminent Domain/Condemnation [ Declaratory Judgment n Ground Rent l3 Mandamus ® Landlord/Tenant Dispute I®Non-Domestic Relations ®x Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY n Mortgage Foreclosure:Commercial Quo Warranto [J Dental © Partition Replevin © Legal ® Quiet Title Other: El Medical ® Other: ® Other Professional: Updated 11112011 � r Richard M. Squire&Associates, LLC Attorneys for Plaintiff r o rHONOftt t ,f By: Richard M. Squire, Esquire JUL -3 A M1 Kevin P. Diskin, Esquire 9` 49 Craig CUMBEhLaN IlTy ID.Nos. 04267 p/ 86727x/ ire 313264 PEMNS YLV NIA One Jenkintown Station, Suite 104 115 West Avenue Jenkintown,PA 19046 Telephone:215-886-8790 Fax: 215-886-8791 Caliber Home Loans, Inc. f/k/a Vericrest IN THE COURT OF COMMON PLEAS Financial, Inc., CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, DOCKET NO: V. CIVIL ACTION Lisa J Heyman 703 Cedar Ridge Lane MORTGAGE FORECLOSURE Mechanicsburg,PA 17055, DEFENDANT COMPLAINT - CIVIL ACTION NOTICE TO DEFEND NOTICE YOU HAVE SEEN 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 of 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. 1 S CAL-423F FHLMC/KG D I ' - 3a � gP6 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 717-249-3166 and 800-990-9108 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte(20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus edades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION ACERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 717-249-3166 and 800-990-9108 2 CAL-423F FHLMC/KG Richard M. Squire&Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire ID.Nos. 04267 / 86727 /313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown,PA 19046 Telephone:215-886-8790 Fax: 215-886-8791 Caliber Home Loans, Inc. f/k/a Vericrest IN THE COURT OF COMMON PLEAS Financial, Inc., CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, DOCKET NO: V. CIVIL ACTION Lisa J Heyman 703 Cedar Ridge Lane MORTGAGE FORECLOSURE Mechanicsburg,PA 17055, DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE PLAINTIFF,Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc., by and through its undersigned attorney brings this action in mortgage foreclosure upon the following cause of action: 1. PLAINTIFF, Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc., is a corporation, limited partnership, limited liability company, trust, federal savings bank, federal credit union, or national banking association under and pursuant to the National Banking Act (13 Stat. 99, 12 U.S.C. 1 et seq.)with its principal place of business at 13801 Wireless Way, Oklahoma City, Ok 73134. 3 CAL-423F FHLMC/KG 2. Defendant, Lisa J Heyman, is the real owner,mortgagor, and grantee in the last Deed of record to the real property located at 703 Cedar Ridge Lane Mechanicsburg, PA 17055 including any/all improvements and detached structures thereon as well as any/all riparian/water rights appertaining thereto (hereinafter collectively referred to as "Premises") . 3. On April 25, 2005, Defendant made, executed, and delivered a Mortgage to Mortgage Electronic Registration Systems, Inc. ("MERS") solely as nominee for M&T Mortgage Corporation (hereinafter referred to as "Originating Lender") as security for Defendant's payment and other obligations in consideration of a mortgage loan made to Defendant by the Originating Lender. Said Mortgage is recorded in the Office of the Recorder in and for Cumberland County, and was recorded on in Cumberland County in Mortgage Book 1905, Page 2300, and is incorporated herein by reference by virtue of Pa. R.C.P. 1019(g). 4. The mortgage has been assigned to the Plaintiff by two (2) Assignments of Mortgage, the first from Mortgage Electronic Registration Systems, Inc. ("MERS") solely as nominee for M&T Mortgage Corporation to JPMorgan Chase Bank, National Association, recorded on January 3, 2013,Instrument No. 201300190; the second JPMorgan Chase Bank, National Association to Caliber Home Loans, Inc., recorded on September 23, 2013, Instrument No. 201331339 and is incorporated herein by reference by virtue of Pa. R.C.P. 1019(g). 5. A true and correct copy of the Legal Description is attached hereto,made part hereof,and marked as Exhibit"A". 6. The address of the Premises is 703 Cedar Ridge Lane, Mechanicsburg, PA 17055. 7. The aforesaid Mortgage is in default because the required monthly payments due under the terms of the aforesaid Mortgage have not been made from January 1, 2014 through the 4 CAL-423F FHLMC/KG present date. By the terms of the aforesaid Mortgage, upon breach and failure to cure said breach after written notice thereof, all sums secured by said Mortgage shall be immediately due and owing. 8. The terms of the aforesaid Mortgage further provide that, in the event of default, Defendant shall be liable for, inter alia, Plaintiffs costs, corporate advances, escrow advances, and attorneys' fees. 9. The following amounts are due as of May 10, 2014: Principal $ 76,857.43 Accrued Interest through May 10,2014 $ 2,162.36 Late Fees $ 111.04 Escrow Advances $ (66.57) Attorneys'Fees to date $ 3,842.87 Total $ 82,907.13 plus additional pre-judgment and post-judgment interest at the per diem rate of$13.42 or at the adjusted amount if the interest rate is variable, additional late charges, additional corporate advances, additional escrow advances, additional attorneys' fees and court costs, and any/all other sums recoverable by Plaintiff under the terms of the aforesaid Mortgage. 10. If the Mortgage is reinstated prior to a sheriffs sale, the attorneys' fees set forth in the preceding paragraph may be less than the amount demanded based on work actually performed. The attorneys' fees requested in the preceding paragraph are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect attorneys' fees of up to five percent(5%) of the remaining principal balance in the event the Premises is sold to a third party purchaser at sheriffs sale; or, if the complexity of the action requires additional fees, such fees may exceed 5 CAL-423F FHLMC/KG the amount demanded in the preceding paragraph. 11. Notice of Intention to Foreclose pursuant to Act 6 and/or Act 91 was sent in accordance with Pennsylvania law more than 34 days ago. WHEREFORE,Plaintiff respectfully requests that judgment in rem be entered in its favor and against Defendant, Lisa J Heyman, for foreclosure and sale of the Premises in the amounts due as set forth in Paragraph 9.,namely $82,907.13,plus additional pre judgment and post- judgment interest at the per diem rate of$13.42 or at the adjusted amount if the interest rate is variable, additional late charges, additional corporate advances, additional escrow advances, additional attorneys' fees and court costs, any/all other sums recoverable by Plaintiff under the terms of the aforesaid Mortgage, and such other relief as this Court deems just and proper. RICHARD M. SQUIRE & ASSOCIATES, LLC By: Kar d M. Squire, Esq. (PA LD.#04267) P. Diskin, Esq. (PA I.D. # 86727) Craig Oppenheimer, Esq. (PA I.D.#313264) 115 West Avenue, Suite 104 Jenkintown,PA 19046 215-886-8790 215-886-8791 (fax) rsquire@squirelaw.com WiskinA,squirelaw.com coppenheimer@squirelaw.com Attorneys for Plaintiff Date: UNLESS YOU NOTIFY US WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER/NOTICE/PLEADING THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE,WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL 6 CAL-423F FHLMC/KG IT TO YOU. ALSO UPON YOUR REQUEST WITHIN THIRTY (30) DAYS,WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7 CAL-423F FHLMC/KG Richard M. Squire&Associates,LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire ID.Nos. 04267/ 86727 /313264 One Jenkintown Station,Suite 104 115 West Avenue Jenkintown,PA 19046 Telephone:215-886-8790 Fax: 215-886-8791 Caliber Home Loans, Inc. f/k/a Vericrest IN THE COURT OF COMMON PLEAS Financial,Inc., CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA V. DOCKET NO: Lisa J Heyman CIVIL ACTION 703 Cedar Ridge Lane Mechanicsburg,PA 17055, MORTGAGE FORECLOSURE DEFENDANT VERIFICATION i etJ Se kroe(le r ,hereby states that he/she is employed as a Default Service Officer of Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc., Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Complaint 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 falsificati to authorities. Cali er ome nc., f/k/a Vericrest Financial, Inc. �/ /y Name: 7eJ x6tde-/ /'x DATE: ` x/ Z 1 zc) Title: Default Service officer File#: CAL-423F FHLMC Name: Lisa J Heyman 8 CAL-423F FHLMC/KG Exhibit"A" Legal Description ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township,Cumberland County, Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at the point of intersection of the northerly right of way line of Cedar Ridge Lane,a private street,(50 feet wide)and the dividing line between Lots Nos.A-2 and A-3;thence along said dividing line North 31 degrees 56 minutes West a distance of-85 feet to a point at the common open space;thence along common open space South 58 degrees 04 minutes West a distance of 24 feet to a point at the dividing line between Lots Nos.A-1 and A-2;thence along said dividing line Souti 31 degrees 56 minutes East a distance of 85 feet to a point on the northerly right of way line of Cedar Ridge Lane;thence along said right of way line North 58 degrees 04 minutes East a distance of 24 feet to the point and place of Beginning. BEING Lot A-2 on the Final Subdivision Plan for Cedar Ridge Townbouses prepared by John C. Brillbart,Surveying and Mapping Services,as revised on January 15,1978,recorded in the Cumberland County Recorder of Deeds Office in Plan Book 32,Page 73. HAVING thereon erected a two-story townhouse dwelling unit known and numbered as 103 Cedar Ridge Lane. BEING THE SAME PREMISES which Mel Martinez,Secretary of Housing and Urban Development,by Lew Carlson,their Attorneplo-Fact,by Deed dated October 21,3002 and recorded October 25,2002 in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,in Record Book 254, Page 999,granted and conveyed unto Lisa J.Heyman. Parcel No.:42.24-0792-0010 Property Address: 703 Cedar Ridge Lane, Mechanicsburg, PA 17055 9 Fieldl»/<(FieId94)) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED -OFFICE SheriffOF THE PROTHONOTARY tit cUJr fj Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF FPE ti; RIFF 2014AUG -8 AM II: 02 CUMBERLAND COUNTY PENNSYLVANIA Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc. vs. Case Number Lisa J Heyman 2014-3895 SHERIFF'S RETURN OF SERVICE 08/05/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lisa J Heyman, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 703 Cedar Ridge Lane, Upper Allen, Mechanicsburg, PA 17055. Eight attempts at service were made but deputies were unable to make contact with anyone to effectuate service before the Complaint expired. SHERIFF COST: $61.90 SO ANSWERS, August 05, 2014 RONNY R ANDERSON, SHERIFF icl CountySuito Sher i;"s Teleosoft, Inc. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Morris A. Scott, Esquire I.D. Nos. 04267 / 86727 / 83587 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff .-OFFICE i MONO TAR 2014 AUG 2 I P1ri 12: I CUMBERLAND COUNTY PENNSYLVANIA Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc. PLAINTIFF, v. Lisa J Heyman 703 Cedar Ridge Lane Mechanicsburg, PA 17055 DEFENDANT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 14-3895 CIVIL ACTION MORTGAGE FORECLOSURE MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PA. R.C.P. 430 AND 3129.2(c)(1)(i)(C) AND NOW, comes Plaintiff, Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc., by its undersigned attorney Kevin P. Diskin, and moves this Honorable Court for an Order permitting alternative service of the Complaint and all other legal papers requiring service pursuant to Pa. R.C.P. 3129.2(c)(1)(i)(C) upon Defendant, Lisa J Heyman. In support thereof, Plaintiff avers the following: 1. Plaintiffs attempts to have Defendant personally served with the Complaint have been unsuccessful, as reflected on the Return of Service, attached hereto as Exhibit "A" and made a part hereof. F:\Clients\Vericrest\Heyman-423F FHLMC\MAS 8-15-14.wpdKC2 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made good faith efforts to ascertain Defendant's current whereabouts. An Affidavit of Good Faith Investigation, which sets forth the specific inquiries made and the results thereof; is attached hereto as Exhibit "B" and made a part hereof. The Affidavit of Good Faith Investigation does not reflect any other possible current addresses for Defendant. See id. 3. In addition, Plaintiff has confirmed that Defendant received mail at the mortgaged premises through a Request for Change of Address or Boxholder, pursuant to 36 C.F.R. 265.6(d)(6)(ii) as of the date thereof. A true and correct copy thereof is attached hereto as Exhibit "C" and made a part hereof. 4. Based on the foregoing, it is more likely than not that Defendant is avoiding and/or evading service of process. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 permitting service of the Complaint and all other legal papers requiring service pursuant to Pa. R.C.P. 3129(c)(1)(i)(C) upon Defendant by (1) sending a true and correct copy thereof to Defendant via simultaneous certified mail return receipt requested and regular mail postage prepaid to the mortgaged premises; and (2) posting a copy thereof on the mortgaged premises by any competent adult. Dated: Respectfully submitted, Richard M. Squire & Associates, LLC Richard M. Squire, Esq. (PA I.D.#04267) Kevin P. Diskin, Esq. (PA I.D. #86727) Morris A. Scott.,Esq. (PA I.D.#83587) F:\Clients\Vericrest\Heyman-423F FHLMC\MAS 8-15-14.wpdKC2 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire@squirelaw.com kdiskin@squirelaw.com mscott@squirelaw.com Attorneys for Plaintiff F:\Clients\Vericrest\Heyman-423F FHLMC\MAS 8-15-14.wpdKC2 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Morris A. Scott, Esquire I.D. Nos. 04267 / 86727 / 83587 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc. PLAINTIFF, v. Lisa J Heyman 703 Cedar Ridge Lane Mechanicsburg, PA 17055 DEFENDANT(S). IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 14-3895 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF PRESENTATION Kindly take notice that the Plaintiff's Motion for Alternative Service will be presented to Motions Court/Judge, Courtroom , CUMBERLAND County Court of Common Pleas, .1 Courthouse Square, Carlisle, PA 17013-3387 on counsel (or local counsel) may be heard. Dated: , 20 at m or as soon thereafter as Richard M. Squire & Associates, LLC Richard M. Squire, Esq. (PA I.D.# 04267) r Kevin P. Diskin, Esq. (PA I.D. # 86727) Morris A. Scott, Esq. (PA I.D.# 83587) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire@squirelaw.com kdiskin@squirelaw.com mscott@squirelaw.com Attorneys for Plaintiff F:\Clients\Vericrest\Heyman-423F FHLMC\MAS 8-15-14.wpdKC2 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Morris A. Scott, Esquire I.D. Nos. 04267 / 86727 / 83587 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc. PLAINTIFF, v. Lisa J Heyman 703 Cedar Ridge Lane Mechanicsburg, PA 17055 DEFENDANT(S). IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERM DOCKET NO: 14-3895 CIVIL ACTION MORTGAGE FORECLOSURE VERIFICATION I, Kevin P. Diskin, hereby state that I am one of the attorneys for Plaintiff, a corporation unless designated otherwise; that I am authorized to make this Verification; that I have personal knowledge of the facts averred in the foregoing Motion; and that the statements made in the foregoing Motion are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the Penalties of Pa. C.S. §4904, relating to unsworn falsification to authorities. Richard M. Squire & Associates, LLC Dated: By: Richard M. Squire, Esq. (PA I.D.# 04267) ' evin P. Diskin, Esq. (PA I.D. # 86727) Morris A. Scott, Esq. (PA I.D.# 83587) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire@squirelaw.com kdiskin@squirelaw.com mscott@squirelaw.com Attorneys for Plaintiff F:\Clients\Vericrest\Heyman-423F FHLMC\MAS 8-15-14.wpdKC2 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Morris A. Scott, Esquire I.D. Nos. 04267 / 86727 / 83587 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc. PLAINTIFF, v. Lisa J Heyman 703 Cedar Ridge Lane Mechanicsburg, PA 17055 DEFENDANT(S). IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERM DOCKET NO: 14-3895 CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Kevin P. Diskin, hereby certify that, on this date, I served or caused to be served true and correct copies of the Plaintiffs Motion for Alternative Service, Verification, Brief/Memorandum of Law, and proposed form of Order upon the following person via regular mail - postage prepaid: Lisa J Heyman 703 Cedar Ridge Lane Mechanicsburg, PA 17055 Dated: Richard M. Squire & Associates, LLC Richard M. Squire, Esq. (PA I.D.# 04267) Kevin P. Diskin, Esq. (PA I.D. # 86727) Morris A. Scott,. Esq. (PA I.D.# 83587) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire@squirelaw.com kdiskin@squirelaw.com mscott@squirelaw.com Attorneys for Plaintiff F:\Clients\Vericrest\Heyman-423F FHLMC\MAS 8-15-14.wpdKC2 Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Morris A. Scott, Esquire I.D. Nos. 04267 / 86727 / 83587 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc. PLAINTIFF, v. Lisa J Heyman 703 Cedar Ridge Lane Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERM DOCKET NO: 14-3895 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. BRIEF/MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) provides, in pertinent part: (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 defendant and the reasons why service cannot be made. Official Note A sheriffs 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) inquires 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. F:\Clients\Vericrest\Heyman-423F FHLMC\MAS 8-15-14.wpdKC2 As reflected on the attached Return of Service, Plaintiffs multiple attempts to have the Defendant personally served with the Complaint have been unsuccessful. See Ex. "A." Good faith efforts to discover the current whereabouts of Defendant have been made, as evidenced by the numerous inquiries listed in the Affidavit of Good Faith Investigation. See Ex. "B." In particular, inquiries have been made to the following persons and entities: 1. Directory Assistance, White Pages, and On -Line Telephone Records; 2. County Tax Assessment; 3. Federal Aviation Administration; 4. United States Drug Enforcement Administration; 5. Pennsylvania Department of State -Uniform Commercial Code filings; and 6. Pennsylvania Department of Corrections. See id. Also searched were United States Bankruptcy Court records, sexual offenders database, nationwide professional licenses, federal firearms and explosives licenses, and civil proceedings filed in the Commonwealth of Pennsylvania. See id. Notably, the Affidavit of Good Faith Investigation does not reflect any other possible current addresses for Defendant. See id. Plaintiff has confirmed that Defendant received mail at the mortgage premises through the **[name of city]** Postmaster, by way of a Request for Change of Address or Boxholder, pursuant to 36 C.F.R. 265.6(d)(6)(ii) as of the date thereof See Ex. "C." Based on the foregoing, it is more likely than not that Defendant is avoiding and/or evading service of process. For all of the foregoing reasons, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 permitting service of the Complaint and all other legal papers requiring service pursuant to Pa. R.C.P. 3129(c)(1)(i)(C) upon Defendant by (1) sending a true and F:\Clients\Vericrest\Heyman-423F FHLMC\MAS 8-15-14.wpdKC2 correct copy thereof to Defendant via simultaneous certified mail return receipt requested and regular mail postage prepaid to the mortgaged premises; and (2) posting a copy thereof on the mortgaged premises by any competent adult. Dated: By: Respectfully submitted, Richard M. Squire & Associates, LLC Richard M. Squire, Esq. (PA I.D.# 04267) Kevin P. Diskin, Esq. (PA I.D. # 86727) Morris A. Scott, Esq. (PA I.D.# 83587) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire@squirelaw.com kdiskin@squirelaw.com mscott@squirelaw.com Attorneys for Plaintiff F:\Clients\Vericrest\Heyman-423F FHLMC\MAS 8-15-14.wpdKC2 Exhibit 'A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ecw.-c!,. • Richard W Stewart '',....,--::::es, Solicitor OFFICE OF TVE S-x,SRIF.P Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc. vs. Lisa J Heyman Case Number 2014-3895 SHERIFFS RETURN OF SERVICE 08/05/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lisa J Heyman, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Served'at 703 Cedar Ridge Lane, Upper Allen, Mechanicsburg, PA 17055. Eight attempts at service were made but deputies were unable to make contact with anyone to effectuate service before the Complaint expired. SHERIFF COST: $51.90 SO ANSWERS, August 05, 2014 RONZ' R ANDERSON, SHERIFF c) Counlyadio Toleosoft. Exhibit "B": Affidavit of Good Faith Investigation AFFIDAVIT OF GOOD FAITH INVESTIGATION Commonwealth of Pennsylvania County of Montgomery SS: I, Rosemary McGrory Sweet, an Owner of Rosemary McGrory Sweet Investigation, BEING OF FULL AGE AND UPON MY OATH STATE AND DEPOSE THE FOLLOWING: 1) I HAVE PERFORMED A GOOD FAITH INVESTIGATION ON THE FOLLOWING SUBJECT AND PROPERTY LOCATED IN THE COMMONWEALTH OF PENNSYLVANIA. 1. THE SUBJECTS NAME(S) IS/ARE: LISA JOY HEYMAN DOB:6/29/1970 AKA ALICAJ HEYMAN 2. THE PROPERTY ADDRESS IS 703 CEDAR RIDGE LN, MECHANICSBURG PA 17055-5453, CUMBERLAND COUNTY 2) THE FOLLOWING SEARCHES WERE PERFORMED IN AN EFFORT TO LOCATE THE SUBJECT(S): 1. SOCIAL SECURITY MASTER DEATH INDEX: LNO RECORD FOUND 2. THE SUBJECTS CURRENT ADDRESS AS DETERMINED BY THIS REPORT IS BELIEVED TO: '703 CEDAR RIDGE LN, MECHANICSBURG PA 17055-5453, CUMBERLAND COUNTY (Jun 1994 - May 2014) Name Associated with Address: LISA HEYMAN Current Residents at Address: LISAJOY HEYMAN NICOLE M KOSTELEC 717-691-1999 - EDT HEYMAN LISA 3. DIRECTORY ASSISTANCE, WHITE PAGES, AND OTHER ON-LINE TELEPHONE RECORDS Phones Plus(s): CtiLak- Name: HEYMAN, LISA Address: 703 CEDAR RIDGE LN, MECHANICSBURG PA 17055-5453 Phone Number: 717-418-9202 - EDT Phone Type: Mobile Carrier: VERIZON WIRELESS -PA -( HARRISBURG, PA ) 4. ADDRESS HISTORY SEARCH Address Summary:Cal 41703 CEDAR RIDGE LN, MECHANICSBURG PA 17055-5453, CUMBERLAND COUNTY (Jun 1994 - May 2014) 1504 DUPONT ST, CONWAY PA 15027-1330, BEAVER COUNTY (Sep 1988 - Nov 2013) 5. STATEWIDE COUNTY TAX ASSESSMENT AND PROPERTY OWNERSHIP Possible Properties Owned by Subject: gill Property: Parcel Number - 42-24-0792-001B Book - 254 Page -999 Owner Name: LISA J HEYMAN Property Address: - 703 CEDAR RIDGE LN, MECHANICSBURG PA 17055-5453, CUMBERLAND COUNTY Owner Address: 703 CEDAR RIDGE LN, MECHANICSBURG PA 17055-5453, CUMBERLAND COUNTY Land Usage -TOWNHOUSE Assessed Value - $133,400 Land Size - 2178 SF Year Built -1979 Legal Description - CEDAR RIDGE TOWNHOUSES LOT A-2 PB 32 PG 73 Data Source - B Property: Parcel Number- 24-0792-OO1B-0000000-42 Book -254 • Page - 999 Owner Name: LISA J HEYMAN Property Address: - 703 CEDAR RIDGE LN, MECHANICSBURG PA 17055-5453, CUMBERLAND COUNTY Owner Address: 703 CEDAR RIDGE LN, MECHANICSBURG PA 17055-5453, CUMBERLAND COUNTY Land Usage - RESIDENTIAL (NEC) Subdivision Name - CEDAR RIDGE TWNHS Total Market Value - $133,400 Assessed Value - $133,400 Land Value - $17,400 Improvement Value - $116,000 Land Size - 2,178 Square Feet Year Built -1979 Legal Description - LOT A-2 PB 32 PG 73 Data Source - A . UNIFORM COMMERCIAL CODE FILINGS NO RECORD FOUND 7. FEDERAL BANKRUPTCY COURT NO RECORD FOUND 8. STATEWIDE CIVIL COURT RECORDS, LIENS, AND JUDGEMENTS NO RECORD FOUND 9. PENNSYLVANIA DEPARTMENT OF CORRECTIONS CURRENT INMATES NO RECORD FOUND 10. PEOPLE IN THE NEWS- PHILADELPHIA INQUIRER, DAILY NEWS, BUSINESS JOURNAL NO RECORD FOUND 11. SEXUAL OFFENDERS DATABASE NO RECORD FOUND 12. FEDERAL AVIATION ADMINISTRATION REGISTERED AIRCRAFT NO RECORD FOUND 13. PROFESSIONAL LICENSES (NATIONWIDE) NO RECORD FOUND 14. FEDERAL FIREARMS AND EXPLOSIVES LICENSES (NATIONWIDE) NO RECORD FOUND 15. DEA CONTROLLED SUBSTANCE LICENSES (NATIONWIDE) NO RECORD FOUND 16. CORPORATIONS AND BUSINESS ' AND POSSIBLE EMPLOYERS People at Work: Maximum 50 People at Work records returned Name: LISA JOY HEYMAN Company: EDS Name: LISA JOY HEYMAN Company: PA HOUSE OF REP 17 OTHER INFORMATION NO RECORD FOUND 3) I DECLARE THAT THE FOREGOING IS TRUE AND CORRECT. May 6, 2014 SIGNATURE: SWORN TO AND SUBSCRIBED BEFORE ME THIS 6th Day of May, 2014 NOTARY PUBLIC LLJ- coMMONWEA1TH OF PENNSYLVANIA NOTARIAL SEAL PATRICIA TARDITI, Notary Public City of Philadelphia, Philo, County My Commission Expires June 13, 2018 Exhibi i► ►► KC2 RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYS AT LAW Richard M. Squire * Kevin P. Diskin ^ Craig A. Oppenheimer * Atso Admitted in MD " Also Admitted 1n NJ Montgomery County Office One Jenkintown Station 115. West Avenue, Suite 104 Jenkintown, PA 19046 Tel.: (215) 886-8790 Fax: (215) 886-8791 www.squirelaw.com May 6, 2014 Postmaster Mechanicsburg, PA 17055 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Dear Madam or Sir: Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Lisa J Heyman Address: 703 Cedar Ridge Lane, Mechanicsburg, PA 17055 Note: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 36 CFR 265.6(d)6(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Attorney at Law 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): N/A 3. The names of all known parties to the litigation: Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc. v. Lisa J Heyman 4. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas, Pennsylvania 5. The docket or other identifying number if one has been issued: Not yet issued 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION EITHER (1) TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Richard M. Squire & Associates, LLC B FOR POST OFFICE USE ONLY No change of address order on file. NEW ADDRESS or BOXHOLDER'S POSTMARK Not known at address given. NAME and STREET ADDRESS Moved, left no forwarding address. No such address. Still receives mail at address given .00SS RGA TIMM MAY 1 6 2014 PWW.f4 USpS • Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc. PLAINTIFF, v. Lisa J Heyman 703 Cedar Ridge Lane Mechanicsburg, PA 17055 DEFENDANT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 14-3895 CIVIL ACTION MORTGAGE FORECLOSURE ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PA. R.C.P. 430 AND 3129.2(c)(1)(i)(C) AND NOW, this a li day of , 20/Y, upon consideration of Plaintiffs Motion for Alternative Se ce pursuant to Pa. R.C.P. 430 and P 3129.2(c)(1)(i)(C), and upon consideration of any response thereto, and good cause showing; it is hereby ORDERED that Plaintiff may serve the Complaint and all other legal papers requiring service pursuant to Pa. R.C.P. 3129(c)(1)(i)(C) upon Defendant, Lisa J Heyman, by (1) sending a true and correct copy thereof to Defendant via simultaneous certified mail - return receipt requested and regular mail - postage prepaid to the mortgaged premises located at 703 Cedar Ridge Lane, Mechanicsburg, PA 17055; and (2) posting a true and correct copy thereof on the mortgaged premises by any competent adult. Service of the aforementioned mailings is effective upon the date of mailing and is to be effectuated by Plaintiffs attorney, who will file with the Prothonotary's Office a Certificate of Service as to such mailing. cc: ichard M. Squire, Esquire Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Tel: (215) 886-8790 Fax: (215) 886-8791 Email: rsquire@squirelaw.com F:\Clients\Vericrest\Heyman-423F FHLMC\MAS • IviyirLit 154_ ait.Py BY THE COURT: 8-15-14.wpdKC2 C) --0a r cp co Lisa J Heyman 703 Cedar Ridge Lane Mechanicsburg, PA 17055 or opposing counsel F:\Clients\Vericrest\Heyman-423F FHLMC\MAS 8-15-14.wpdKC2 f-AED-OFFICr_ (A- THE PROTHONOTAWf' 2014 AUG 26 PH 2:2? CUMBERLAND COUNTY PENNSYLVANIA DEREK L. SEELEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 14 - 4055 Civil Term STACY L. McWHORTER, : ACTION IN DIVORCE Defendant : CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: g/D 1(24760 StaA McWhorter, Defendant DEREK L. SEELEY, vs. i:(= iE PROTHONO.T.Ak". 20/4 AUG 26 PPS 2:23 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No. 14 - 4055 Civil Term STACY L. McWHORTER, : ACTION IN DIVORCE Defendant : CIVIL ACTION - LAW COUNTER -AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE. 1. Check either (a) or (b): Ia) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): _ (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken.. 2. Check either (a) or (b): >C% (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I consent to the jurisdiction of Cumberland County, Pennsylvania. I verify that the statements made in this counter -affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: g/ ..„ 0 //y McWhorter, Defendant Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Morris A. Scott, Esquire I.D. Nos. 04267 / 86727 / 83587 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-879 Attorneys for Plaintiff THE PRO HONO M1 " 281/1 SEP -3 M 1 LS C CUMBERLAND COUNTY. PENNS YLVANIA Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc., PLAINTIFF, v. Lisa J Heyman 703 Cedar Ridge Lane Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TERM DOCKET NO: 14-3895 CIVIL ACTION DEFENDANT. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly mark the Plaintiff's Complaint in the above matter as reinstated. RICHARD M. SQUIRE & ASSOCIATES, LLC Richard M. Squire, Esq. Kevin P. Diskin, Esq: Morris A. Scott, Esq. Attorneys for Plaintiff Date: August 29, 2014 CAL -423F FHLMC/KC2 1 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Morris A. Scott, Esquire I.D. Nos. 04267 / 83587 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 ` L. D-OFFIC£ Attorneys for Plaintif THE ` RO TH N O TA R Y 2U#R OCT -9 All II: 53 CUMBERLAND COUNTY PENNSYLVANIA Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc., PLAINTIFF, v. Lisa J Heyman, DEFENDANTS. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW TERM DOCKET NO: 14-3895 CERTIFICATE OF SERVICE I, Morris A. Scott, Esquire, hereby certify that, pursuant to the Order of the Cumberland County Court of Common Pleas dated August 26, 2014 (relating to alternative service of the Plaintiff's Complaint), attached hereto as Exhibit "A" and made a part hereof, the Plaintiff's reinstated Complaint was served as follows: a. Via posting at 703 Cedar Ridge Lane, Mechanicsburg, PA 17055, on September 16, 2014. A true and correct copy of the Cumberland County Sheriff's Affidavit of Return for posting of the Complaint is attached hereto as Exhibit "B" and made a part hereof. b. Via simultaneous regular mail -postage prepaid and certified mail -return receipt requested to 703 Cedar Ridge Lane, Mechanicsburg, PA 17055 on September 9, 2014 True and correct copies of the certified mail receipt and PS Form 3877 are collectively attached hereto as Exhibit "C" and made a part hereof. Dated: October 6, 2014 RICHARD M. SQUIRE & ASSOCIATES, LLC BY: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Morris A. Scott, Esquire Attorney for Plaintiff -2- -3- Caliber Home Loans, Inc. f/kJa Vericrest Financial, Inc. PLAINTIFF, v. Lisa J Heyman 703 Cedar Ridge Lane Mechanicsburg, PA 17055 DEFENDANT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 14-3895 CIVIL ACTION MORTGAGE FORECLOSURE ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PA. R.C.P. 430 AND 3129.2(c)(1)(i)(C) AND NOW, this day of , 20/5" , upon consideration of Plaintiffs Motion for Alternative Se ce pursuant to Pa. R.C.P. 430 and 3129.2(c)(1)(i)(C), and upon consideration of any response thereto, and good cause showing; it is hereby ORDERED that Plaintiff may serve the Complaint and all other legal papers requiring service pursuant to Pa, R.C.P. 3129(c)(1)(i)(C) upon Defendant, Lisa J Heyman, by (1) sending a true and correct copy thereof to Defendant via simultaneous certified mail - return receipt requested and regular mail - postage prepaid to the mortgaged premises located at 703 Cedar Ridge Lane, Mechanicsburg, PA 17055; and (2) posting a true and correct copy thereof on the mortgaged premises by any competent adult. Service of the aforementioned mailings is effective upon the date of mailing and is to be effectuated by Plaintiffs attorney, who will file with the Prothonotary's Office a Certificate of Service as to such mailing. cc: Richard M. Squire, Esquire Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Tel: (215) 886-8790 Fax: (215) 886-8791 rsquire@squirelaw,com BY THE COURT: `ID F:\Clients\Vericrest\Heyman-423F FHLMC\MAS 8-15-14.wpdKC2 Exhibit "B" Commonwealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.: 14-3895 AFFIDAVIT OF SERVICE Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc. VS. Lisa J. Heyman Commonwealth of Pennsylvania County of Dauphin ss. I, Todd ]Kepner, a competent adult, being duly sworn according to law, depose and say that at 10:34 AM on 09/16/2014, I served Lisa J. Heyman at 703 Cedar Ridge Lane, Mechanicsburg, PA 17055 in the manner described below: Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s) residence who refused to give name and/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: The document was posted to tie prenij es, a true and correct copy of Order Granting Alternative Service Pursuant to PA.R.C.P. 430 and 3129.2(c)(1)(i)(C); Civil Cover Sheet; Complaint — Civil Action Notice to Defend; Complaint in Mortgage Foreclosure; Verification; Exhibit "A" issued in the above captioned matter. Swgr, o and sub ribed before me on this ff `7 day o , 201 e. NOTARY L, NO C COMMONWEALTH OF PENNSYLVANIA NOTARIAL, SEAL Brittany Edcius, Notary Public Lower Paxton Township, Dauphin County My commission expires April 11, 2018 Law Firm: Richard M. Squire and Associates, LLC Address: One Jenkintown Station, 115 West Avenue, Suite 104, Jenkintown, PA, 19046 Telephone: (215) 886-8790 X Todd Kepner Shinkowsky Investigations PO Box 126538 Harrisburg, PA 17112 (800) 276-0202 Atty File#: - Our Fi1e# 34301 Fxhibi 'r J NAME AND ADDRESS OF SENDER INDICATE TYPE OF MAIL CHECK APPROPIATE BLOCK FOR P TMARK AND DATE OF RECEIPT Richard M. Squire & Associates 115 West Avenue, Suite 104 Jenkintown, PA 19046 0 Registered Mail 0 Insured 0 COD 0 Certified Mail 0 Express Mail Registered Mall: 0 With Postal Insurance 0 Without Postal Insurance Affix stamp here if issued as certificate of mailing or for additional copies of this bill. Line Number of Article Name of Addressee, Street, and Post -Office Address Postage Fee Handling Charge Act. Value (if Regis.) Insured Value Due Sender If C.O.D. R.R. Fee S.D. Fee S.H. Fee Rest. Del, Fee ------------ Remarks CAL-423/Heyman Complaint Reg/Cert Mail Lisa J. Heyman 703 Cedar Ridge Lane Mechanicsburg, PA 17055 • • 2 3 - 4 5 6 7 8 9 10 11 12 ..... Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office a 1 POSTIVIASTER re-ceivi13,: (Name-zOcnernployee) -..,,,,. • ,:.: V • - - •,;7:::-. . . i . 7._ 7,.. 4, ."0-ts, _ -- :' : . - • c The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for nonnegotiable documents under Express man document reconstruction insurancejs 550,000 per plete subject to a limit of $50,000 per occurrence. The maximum indemnity payable on Express Mail merchandise Insurance is $500. The maximum indemnity payable is 525,000 for Registered Mail, $500 for COD and 5500 for Insured Mail. Special handling charges apply only to Third. and Fourth -Class parcels. Special delivery service also includes special handling service. ... PS FORM 3877 FOR REGISTERED, INSURED, C.O.D., CERTIFIED, AND EXPRESS MAIL -rot Lisa 3. Heyman 103 Cedar Ridge Lane Mechanicsburg, PA 1'1055 tt SENDER: REFERENCE: CAL -423 9314 8699 G430 tICIU [1174 44 Form 3E300 Janua 2005 RETURN RECFSPT SERVICE • 6 Receipt for Certified Mali' No Insurance ComteSe Provided 1 Do Not Use TOT International Malt POST