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Home My WebLink About14-5660 For Prothonotary Use Only: Supreme Court of Pennsylvania CO VaCoo6-n P lea s ' il, T Sheet Docket No. . �Cumt%erland County q - _0 The information collected on this form is used solely for court administration purposes. "Phis farm does not supplement or replace lhefiling and service ofjoleadings or other papers as required by Icm,or rules of court. Commencement of Action: 0 Complaint ❑ Writ of Summons ❑ Petition S ❑Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name:OneWest Bank N.A.,formerly known as OneWest Lead Defendant's Name:Cheryl Elaine Kessler,a/k/a Cheryl Elaine Irwin,a/k/a Bank,FSB Cheryl Elaine Baird,Known Surviving Heir of Hazel D.Irwin,Deceased Mortgagor T and Real Owner I O Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑within arbitration limits N (check one) ❑outside arbitration limits Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney:McCabe,Weisberg&Conway, P.C. ❑ Check here if you have no attorney(a Self-Represented I Pro Sel litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑ Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection:Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection:Other ❑Board of Elections ❑Nuisance ❑ Department of Transportation ❑Premises Liability(does not include ❑ Statutory Appeal:Other S mass tort) E ❑Slander/Libel/Defamation ❑Employment Dispute: ❑Other: Discrimination C ❑ Employment Dispute:Other ❑Zoning Board T ❑Other I O ❑Other N MASS TORT ❑Asbestos ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant B ❑Toxic Waste REAL PROPERTY MISCELLANEOUS ❑Other: ❑Ejectment ❑Common Law/Statutory Arbitration ❑ 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 ❑Other: ❑Medical ❑Other: ❑Other Professional: 1 11 Updated 1/1/2011 ILS; )-0;=1=1 E THE PROTHONOT' R, ; 201 SEP 24 A;, 11 ` CUMBERL,"I(D COUNTY PEr'NSYLVA NIA McCABE,WEISBERG & CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG, ESQUIRE-ID# 17616 EDWARD D. CONWAY, ESQUIRE- ID# 34687 MARGARET GAIRO, ESQUIRE-ID#34419 ANDREW L. MARKOWITZ,ESQUIRE- ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN, ESQUIRE-ID# 87830 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F. RIGA, ESQUIRE-ID#57716 JOSEPH 1. FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 LENA KRAVETS,ESQUIRE-ID#316421 CAROL A. DiPRINZiO, ESQUIRE- ID# 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790-1010 OneWest Bank N.A., formerly known as Cumberland County OneWest Bank,FSB Court of Common Pleas , 888 East Walnut Street Pasadena,CA 91101 Number V. Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner 164 Blacksmith Road Camp Hill, PA 17011 and Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner 2 Ardmore Circle New Cumberland, PA 17070 COMPLAINT IN MORTGAGE FORECLOSURE 7S Pa OAS a File r 14-1DM300 P ' ' �1Lj NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within ex-puestas en las paginas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) dias de plazo al partir de la notice are served, by entering a written fecha de la demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defensas o sus objeciones you. You are warned that if you fail to do so a las demandas en contra de su persona. Sea the case may proceed without you and a avisado que si usted no se defiende, la corte judgment may be entered against you by the tomara medidas y puede continuar la demanda court without further notice for any money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any other Ademas, la corte puede decidir a favor del claim or relief requested by the plaintiff. You demandante y requiere que usted cumpla con may lose money or property or other rights todas las provisiones de esta demanda. Usted important to you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GO TO OR PAPEL A SU ABOGADO TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE.SIUSTED NOTIENE BELOW. THIS OFFICE CAN PROVIDE A UN ABOGADO, VA A O TELEFONEA YOU WITH INFORMATION ABOUT LA OFICINA EXPUSO ABAJO. ESTA HIRING A LAWYER. OFICINA LO PUEDE PROPORCIONAR IF YOU CANNOT AFFORD TO CON INFORMATION ACERCA DE HIRE A LAWYER,THIS OFFICE MAY BE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH SI USTED NO PUEDE INFORMATION ABOUT AGENCIES THAT PROPORCIONAR PARA EMPLEAR UN MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, PA 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990-9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 File H 14-100300 Page 2 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is OneWest Bank N.A., formerly known as OneWest Bank,FSB,duly organized and doing business at the above-captioned address. 2. The Defendant is Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner, and his/her last-known address is 164 Blacksmith Road, Camp Hill,PA 17011. 3. The Defendant is Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner, and their last-known address is 2 Ardmore Circle,New Cumberland, PA 17070. 4. On October 30,2006,Hazel D.Irwin,mortgagor,made,executed and delivered a Mortgage upon the premises hereinafter described to M&T Mortgage Corporation which Mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1972,Page 4439(the "Mortgage"), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C. P. 5. On October 30, 2006, Hazel D. Irwin, also executed an Adjustable Rate Note secured by the aforementioned Mortgage. Plaintiff,directly or through an agent, is in possession of the note and is the holder of the note with the right to enforce it;the note is either made payable to plaintiff or has been duly endorsed. 6. On October 30, 2006, the Mortgage was assigned by M&T Mortgage Corporation to Financial Freedom Senior Funding Corporation,by Assignment of Mortgage,recorded in the Office of the Recorder of Cumberland County in Mortgage Book 0732,Page 0202,such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C. P. 7. On November 30,2009,the Mortgage was assigned by Financial Freedom Senior Funding Corporation to Mortgage Electronic Registration Systems,Inc.("MERS"),as nominee for Financial Freedom Acquisition LLC, its successors and assigns, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 200942897, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C.P. File# 14-100300 Page 3 8. On February 7, 2014, the Mortgage was assigned by Mortgage Electronic Registration Systems,Inc.("MERS"),as nominee for Financial Freedom Acquisition LLC,its successors and assigns to OneWest Bank, FSB, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 201403238, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C. P. 9. OneWest Bank N.A., formerly known as OneWest Bank, FSB is Plaintiff herein,through chain of succession as stated. 10. On October 17, 2013, Hazel D. Irwin departed this life. No estate has been opened as a result of the demise of Hazel D. Irwin,Deceased Mortgagor and Real Owner. 11. The premises subject to said Mortgage is described in the legal description attached as Exhibit "A" and is known as 2 Ardmore Circle,New Cumberland, Pennsylvania 17070. 12. By the terms of the Mortgage,all sums due and owing thereunder are now due and payable by reason of the death of Hazel D. Irwin, Deceased Mortgagor and Real Owner. 13. The following amounts are due on the Mortgage: Principal Balance $ 141,657.10 Interest through September 30, 2014 plus monthly interest $ 32,438.18 thereafter which may adjust in accordance with the terms of the note and mortgage Mortgage Insurance Premiums(MIP) $ 10,410.37 Monthly Servicing Fees $ 2,850.00 GRAND TOTAL $ 187,355.65 14. Plaintiff complied with all notice requirements as prescribed by 41 P.S. §101,et seq. (Act 6), and 35 P.S. 1680.401 c, et seq. (Act 91), as applicable. File# 14-100300 Page 4 15. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendants, but reserves its right to do so in a separate legal action if such right exists. If the Defendants have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands in rem Judgment against the Defendants in the sum of $187,355.65,together with interest per monthly thereafter which may adjust in accordance with the terms of the Note and Mortgage, and other costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged property. McCABE,WEISBERG&/JCONWAY,P.C. BY: K 'dA [ ] Terrence J. McCabe,Esquire [efMarc S.Veisberg, Esquire [ ] Edward D.Conway, Esquire [ ] Margaret Gairo, Esquire [ ]Andrew L. Markowitz,Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Christine L. Graham, Esquire [ ) Brian T. LaManna,Esquire [ ] Ann E. Swartz, Esquire [ ]Joseph F. Riga, Esquire [ ]Joseph 1. Foley, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff File 4 14-100300 Page 5 VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time,and are true and correct to the best of his/her knowledge,information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE,WEISBERG & CO V WAY',P.C. BY: [ ]Terrence J.Mc abe,Esquire [ Marc S. Weisberg,Esquire [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph 1. Foley,Esquire [ ]Celine P.DerKrikorian,Esquire [ ]Lena Kravets,Esquire [ ]Carol A.DiPrinzio,Esquire Attorneys for Plaintiff OneWest Bank N.A.,formerly known as OneWest Bank,FSB v.Cheryl Elaine Kessler,a/k/a Cheryl Elaine Irwin,a/k/a Cheryl Elaine Baird,Known Surviving Heir of Hazel D.Irwin,Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Hazel D.Irwin,Deceased Mortgagor and Real Owner File# 14-100300 File# 14-100300 Page 6 .xnibit A SCHEDULE C + PROPERTY DESCRIPTION File Number. 200611550 The land referred to in this commitment is described as follows: ALL THAT CERTAIN TRACT OR PARCEL OF GROUND situate in the Borough of New Cumberland, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to a survey of D. F. Raffensperger, R.S.,dated July 118,1957,as follows: Beginning at a point on the southeast comer of Drexel Hills Boulevard and Ardmore Circle; Thence eastwardly along the south side of Drexel Hills Boulevard, 115.17 feet to a point at the dividing line between Lot Nos. 12 and 13,Block"G'on the hereinafter mentioned plan of lots; Thence southwardly along the same, 101.05 feet to.a point at the dividing line between Lot Nos. 11 and 12, Block"G on said plan; Thence westwardly along the same,135.66 feet to a point on the eastern side of Ardmore Circle: Thence northwardly along the same,100 feet to a point,the Place of Beginning. Being Lot No. 12, Block"G"on Plan of Highland Park Hills and Drexel Hills, recorded in Plan Book B,Page 9,Cumberland County Records. t �;erti fy this to be recorded In Cumber/landiC..ountY PA' ALTA �y p, `,,•� Recorder of Deeds Schedule CA �`t 4 4 7 i FORM 1. OneWest Bank N.A., formerly known as OneWest IN THE COURT OF COMMON PLEAS OF Bank, FSB CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff { n Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irvin, a/k/a n 7 fir, Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner,andY c Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner T'=' Defendants 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 MidPenn Legal Services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work 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 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 WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE.THIS PROGRAM IS FREE. Respectfully submitted: Date [Signature of Counsel for Plaint' fJ 14-100300 Page 1 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 Please provide the following information to the best of your knowledge: CUSTOMAPPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑No❑ Listing date: Price$ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑No❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? CO-BORROWER Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on 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 Payment Amount$ Included Taxes& Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes 0 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#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2od 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 Support/Alim. Spending Money 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: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yes 0No0 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 deliquency? Yes O No D If yes,please indicate the status of those negotiations: Please provide the following information,if known,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: 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 obiligation to use the 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: Proof of income Past 2 bank statements f Proof of any expected income for the last 45 days ✓- Copy of a current utility bill r Letter explaining reason for delinquency and any supporting documentation(hardship letter) Listing agreement(if property is currently on the market) 3 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 OneWest Bank, N.A., formerly known as OneWest Bank, FSB 888 East Walnut Street Pasadena, CA 91101 Plaintiff v. Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner 164 Blacksmith Road Camp Hill, Pennsylvania 17011 and Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner 2 Ardmore Circle New Cumberland, Pennsylvania 17070 Defendants Cumberland County Court of Common Pleas Number: 14-5660 Attorneys for Plaintiff r. jt� .fir r '57, C� cv MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, OneWest Bank, N.A., formerly known as OneWest Bank, FSB, by its counsel, moves this Honorable Court for an Order directing service of the Complaint and of all subsequent notices and pleadings that require personal service, including Notice of Sheriff s Sale upon Number: 14-5660 Defendant, Unknown Surviving Heirs of Hazel D. Irwin Deceased Mortgagor and Real Owner by mail and by posting the mortgaged premises and by publication and in support thereof, avers the following: 1. Hazel D. Irwin was an individual and is the sole record owner and mortgagor of the premises that is the subject of Plaintiff's action in Mortgage Foreclosure. 2. The premises that is subject of this mortgage foreclosure action is 2 Ardmore Circle, New Cumberland, Pennsylvania 17070 and is the last -known address of the decedent. 3. Hazel D. Irwin is deceased, having departed this life on October 17, 2013. No estate or administration has been opened as a result of the demise of Hazel D. Irwin. The only known heir of Hazel D. Irwin is Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird. As a result, Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner have been named as Defendants to this foreclosure action. 4. Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird is a known surviving heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner whose last -known address is 164 Blacksmith Road, Camp Hill, Pennsylvania 17011. 5. Plaintiff retained Attorney Outsourcing Support Services, Inc. to investigate the identity of any additional heirs of Hazel D. Irwin. No additional heirs were found. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results therefrom is attached hereto, made a part hereof and marked as Exhibit "A." 6. Plaintiff has obtained a property search of the mortgage premises which indicates that the record owner of the premises is Hazel D. Irwin. A true and correct copy of the property search is attached hereto and marked as Exhibit "B." Number: 14-5660 7. Plaintiff will never be able to personally serve the Complaint and subsequent pleadings upon the Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner. 8. Pursuant to Pennsylvania Rule of Civil Procedure 430(b)(2), service upon Unknown Heirs may be made by publication. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order pursuant to Pennsylvania Rules of Civil Procedure 430 and 3129.2(D) directing service of the Complaint by posting, publication and by mail and further directing that all subsequent Notices and pleadings that require personal service may be served in this manner except that publication of the Notice of Sheriff's Sale by the Sheriff set forth in Pa.R.C.P 3129.2(D) is legally sufficient and Plaintiff need not republish the Notice of Sheriff's Sale. McCABE, WEISBERG & CONWAY, P.C. BY: c [ ] Terrence J. cCabe, Esq. [ ] Edward D. onway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ 1 Lena Kravets, Esq. Attorneys for Plaintiff [ ] Marc S. Weisberg, Esq. ,[- J Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. Number: 14-5660 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 OneWest Bank, N.A., formerly known as OneWest Bank, FSB 888 East Walnut Street Pasadena, CA 91101 Plaintiff v. Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner 164 Blacksmith Road Camp Hill, Pennsylvania 17011 and Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner 2 Ardmore Circle New Cumberland, Pennsylvania 17070 Defendants Cumberland County Court of Common Pleas Number: 14-5660 MEMORANDUM OF LAW Attorneys for Plaintiff Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (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 Number: 14-5660 of the defendant and the reasons why service cannot be made. Furthermore, Pennsylvania Rule of Civil Procedure 430(b)(2) specifically provides: (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. Plaintiff has named Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner, as Defendant in this action as known heir of Hazel D. Irwin. However, Plaintiff has been unable to identify and/or locate additional heirs of Hazel D. Irwin. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order pursuant to Pennsylvania Rules of Civil Procedure 430 and 3129.2(D) directing service of the Complaint by posting, publication and by mail and further directing that all subsequent Notices and pleadings that require personal service may be served in this manner except that publication of the Notice of Sheriff's Sale by the Sheriff set forth in Pa.R.C.P 3129.2(D) is legally sufficient and Plaintiff need not republish the Notice of Sheriffs Sale. McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence l McCabe, Esq. [ ] Edward 1 . Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff [ ] Marc S. Weisberg, Esq. 1/ -Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. Number: 14-5660 VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCAB WEISBERG & CONWAY, P.C. BY: [ ] Terrence JJMcCabe, Esq. [ ] Edward D Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ 1 Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff Marc S. Weisberg, Esq. fr1iargaret Gairo, Esq. 1 Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph 1. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ 1 Carol A. DiPrinzio, Esq. OneWest Bank, N.A., formerly known as OneWest Bank, FSB v. Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner Cumberland County; C.C.P.; Number: 14-5660 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 OneWest Bank, N.A., formerly known as OneWest Bank, FSB 888 East Walnut Street Pasadena, CA 91101 Plaintiff v. Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner 164 Blacksmith Road Camp Hill, Pennsylvania 17011 and Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner 2 Ardmore Circle New Cumberland, Pennsylvania 17070 Defendants Cumberland County Court of Common Pleas Number: 14-5660 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that service of a true and correct copy of the Motion for Service Pursuant to Special Order of Court was made on the 23rd day of October, 2014 to the individual(s) named below by United States Mail, Postage Pre -Paid. Number: 14-5660 Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner 164 Blacksmith Road Camp Hill, Pennsylvania 17011 Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner 2 Ardmore Circle New Cumberland, Pennsylvania 17070 Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner 2 Ardmore Circle New Cumberland, Pennsylvania 17070 McCABE, WEISBERG & CONWAY, P.C. BY: J [ ] Terrence J. cCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff [ ] Marc S. Weisberg, Esq. [ A -Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. Number: 14-5660 Exhibit A Attorney Outsourcing Support Services, Inc. Suite 2SO4 1 Huntington Quadrangle Melville, NY 11747 (516) 284-5850 Fax (855) 427-1280 Affidavit of Death Investigation for the Estate of Hazel D. Irwin SUBJECT OF INVESTIGATION: Hazel D. Irwin CLIENT: McCabe, Weisberg and Conway, P.C. SUBJECTS LAST- KNOWN/PROPERTY ADDRESS: 2 Ardmore Circle, New Cumberland, PA 17070 I, Rita Mastrangelo, being duly sworn according to law, depose and say that I completed a death investigation into the whereabouts of the above-named subject and the extent of the investigation and the results are as follows: I. Verification of Death 1. SOCIAL SECURITY DEATH INDEX Social Security Death Index has a record for the subject, listing the date of death as October 17, 2013. OBITUARY ARCHIVE The Obituary Archive has a record for the subject. Surviving Heir: Daughter — Cheryl E. Kessler II. Investigation for Estate Information 1. SURROGATES SEARCH A search for estate documents was conducted with the office of the Cumberland County Register of Wills. After inquiry, the office of the Register of Wills provided documentation that there are no records for the subject on file. III. Investigation for Next of Kin 1. TRACERS INFORMATION SPECIALISTS, INC. Premium People Search: Page 2 Investigation of Hazel D. Irwin continued: Cheryl Elaine Kessler A/K/A Cheryl Elaine Irwin A/K/A Cheryl S. Baird (Daughter) 164 Blacksmith Road Camp Hill, PA 17011 717 737-5532 2. PHONE INVESTIGATION Called (717) 737-5532: On February 26, 2014, deponent left a voicemail for Cheryl Kessler. On February 26, 2014, deponent received a call from Cheryl Kessler, who identified herself as the subject's daughter. Cheryl Kessler stated that she is the only living child of the subject. Cheryl Kessler stated that the subject had a Will. However, the Will was not probated. Cheryl Kessler stated that no one is living in the house located at the above-mentioned property address. The information set forth in this Death Investigation is true and correct to the best of my knowledge, information and belief. Notary Public: Sworn to and subscribed Before me this , day of ,2014 SIGNED: PRINT NAME: Rita Mastrangelo DATE: February 26, 2014 SHARON MURATORE Notary Public, State of NEW YORK 01MU6207738 Qualified in Nassau County Commission Expires, JUNE 16, 2017 Hazel D. Irwin: Death Record from the Social Security Death Index (SSDI... Page 1 of 1 D.Irwin: N� Death�$�� ° Social��mu� �� Death Record Name: Hazel D. Irwin State of Issue: Pennsylvania Date of Birth: Date of Death: Thursday October 17, 2013 Est. Age at Death: 87 years, Confirmation: Verified The Social Security Death Index (SSDI) is made available by the Social Security Administration (SSA) to the public through a number of websites, including GenealogyBank.com. As a result, we do not control the information that is provided us in the SSDI. In order to have information corrected or removed, please contact your local Social Security Administration office. Documented proof of an error may be required. Contact information for your Iocal office can befoundathttp://wxvw'ssa.gov. h+h`:.geDe8lOgyb4Dkl49D458C5D}83Al8 2/26/2014 Hazel D. Irwin Obituary: View Hazel Itwin's Obituary by Patriot -News SPORTS H.S. SPORTS! ENTERTAINMENT LIVING! Ely pdttiot•-Aldus subsot o$ 60%OFF HOMEDELIVERY JOBS • [ AUTOS •:1 REAL ESTATE • RENTALS • j CLASSIFIEDS • I OBITUARIES • I FIND N SAVE • I LOCAL BUSINESSES • Obituaries & Guestbooksidt�lt-ew 'Provided by Funeral Directors & Families from Zbe Hazel D. Irwin Obituary Hazel D. Irwin, 87, of New Cumberland, died Thursday, October 17, 2013 in Holy Spirit Hospital, East Pennsboro Twp. She was born in Marion, Ohio to the late Fred J. and Goldie A. (Cole) Holden. In addition to her parents she was preceded in death by her husband Janvier W. Irwin, Jr. and a son Janvier W. Irwin, III. Hazel attended Christian Life Assembly, Lower Allen Twp. and was an accomplished professional organist. She is survived by her daughter Cheryl E. Kessler and husband Fred, of Camp Hill; two grandchildren. Sean Stibitz and Christina Ludwig; and two great grandchildren, Austin and Nolan Ludwig. A memorial service will be held at 3 pm on Sunday, November 10, 2013 in Parthemore Funeral Home & Cremation Services, New Cumberland. A private committal will be held at the convenience of the family. Memorial contributions may be made to either the American Cancer Society , 2 Lemoyne Drive, Suite 101 Lemoyne, PA 17043 or Office of Resource Development, Holy Spirit Health System, 503 N. 21st Street Camp Hill, PA 17101 and please write "to benefit Ortenzio Heart Center" in the memo line. To send messages of condolence to Hazel's family or for driving directions, please visit www.Parthemore.com. Guest Book 9 entries "Thank you all so much for the heart felt love and..." - Cheryl Kessler The Guest Book is expired. Restore the Guest Bookid partttemore,com em> tuber with • f1 �.iI• Published in Patriot -News from Oct. 22 to Oct. 23, 2013 Print 1 View Guest Book Learn more about the Irwin family on Ancestry.com According to the 1920 census there were 6 366 families with the Irvin surname in the United States. During the Civil War the Irwin name was found hup://obits.pcnnlive.comlobituaries/pennlive/obituary.aspx?pid=I 67654147[1/24/2014 11:42:52 AM] Search Obituaries & Guest Books You are searching m,e tlalrioh%rws Donations Powered by Legacy.com Please consider a donation, as requested by the family. - ADVERTISEMENT' Lisa M. Grayson, Esq. Register of Wills & Clerk of Orphans' Court Marjorie A. Wevodau First Deputy Wayne M. Pecht, Esq. Solicitor One Courthouse Square, Suite 102 Carlisle, PA 17013 Phone: (717) 240-6345 Fax: (717)240-7797 OFFICES OF seotex witiz d eeeith at the Clip ' ear etunfieittand eauntti RESPONSE TO RESEARCH REQUEST February 5, 2014 ❑ AN ESTATE WAS LOCATED Decedent Name: Estate No.: Date Filed: Date Granted: Personal Representative: Address: City, State, Zip: Attorney Name: Address: City, State, Zip: Telephone: ® NO RECORD OF PROBATE C — n F1 NEED MORE INFORMATION TO CONDUCT SEARCH ❑ FEE REQUIRED. Please forward a check in the amount of $5 per name to be searched. Make check payable to Register of Wills and included a self-addressed stamped envelope. ® YOUR RECEIPT IS ENCLOSED. ❑ COMMENTS: NOTE: The fee to file a claim against an estate is $10. See our website for the Notice of Claim form. (www.cepa.net - search for Notice of Claim) Tracers Information Specialists, Inc. - Premium People Search Page 1 of 9 Premium People Search 52 Records Search Criteria SSN: -8152 Reports Name Address Maps SSN / DOB Phone KESSLER CHERYL ELAINE AKA: CHERYL ELAINE IRWIN AKA: CHERYL S BAIRD AKA: CHERYL SEL BAIRD 164 BLACKSMITH 6x RD CAMP HILL PA 17011- 8423 Reported: 01/01/2005 -5532 02/20/2014 County: Cumberland Map It •8152 Landline: (717) 737- 737- IRWIN CHERYL 164 BLACKSMITH 1x RD CAMP HILL PA 17011-8423 Reported: 01/01/2005 - 02/20/2014 County: Cumberland Ma Itp -8152 Issued: 1967-1968 in PA _--= STIBITZ CHERYL E 164 BLACKSMITH 1x RD CAMP HILL PA 17011-8423 Reported: 01/01/2005 - 02/20/2014 County: Cumberland Ma Itp -8152 Issued: 1967-1968 in PA BAIRD CHERYL ELAINE AKA: STIBITZ CHERYL E AKA: BAIRD CHERYL S 164 BLACKSMITH 3x RD CAMP HILL PA 17011- 8423 Reported: 01/01/2005 - 02/20/2014 County: Cumberland Ma Itp -8152 Issued: 1967-1968 in PA Landline: (717 737-) 5532 https://www.tracersinfo.com/SearchCentral/viewreturn.php3 ?pargs=YToxO... 2/26/2014 Tracers Information Specialists, Inc. - Premium People Search Page 2 of 9 https://www.tracersinfo.com/SearchCentral/viewreturn.php3?pargs=YTox0... 2/26/2014 AKA: BAIRD CHERYL BAIRD CHERYL S 164 BLACKSMITH 1x RD CAMP HILL PA 17011-8423 Reported: 01/01/2005 - 02/20/2014 County: Cumberland Map It. 8152 Issued: 1967-1968 in PA -:' EL BAIRD CHERYL 164 BLACKSMITH lx RD CAMP HILL PA 17011-8423 Reported: 08/17/2005 - 09/08/2011 County: Cumberland M ao It' 8152 Issued: 1967-1968 in PA — , KESSLER CHERYL 164 BLACKSMITH 2x RD CAMP HILL PA 170118423 Reported: 05/09/2011 - 05/09/2011 Map It -8152 Issued: 1967-1968 in PA .-.. KESSLER CHERYL ELAINE AKA: CHERYL ELAINE IRWIN AKA: CHERYL S BAIRD AKA: CHERYL S EL BAIRD 241 W JACKSON 3x ST YORK PA 17401-2122 Reported: 04/1987 - 06/2009 County: York Map It .8152 issued: 1967-1968 in PA KESSLER CHERYL ELAINE AKA: CHERYL ELAINE IRWIN AKA: CHERYL S BAIRD AKA: CHERYL S EL 2466 MARKET ST 6x HARRISBURG PA 17103-2434 Reported: 02/01/2000 04/24/2008 County: Dauphin - Map It 8152 issued: 1967-1968 in PA https://www.tracersinfo.com/SearchCentral/viewreturn.php3?pargs=YTox0... 2/26/2014 Tracers Information Specialists, Inc. - Premium People Search Page 3 of 9 https ://www.tracersinfo. corn/SearchCentral/viewreturn.php3 ?pargs=YToxO... 2/26/2014 BAIRD EL BAIRD CHERYL 2466 MARKET ST 1x HARRISBURG PA 17103-2434 Reported: 02/16/2000 - 04/24/2008 County: Dauphin Map It 8152 Issued: 1967-1968 in PA Reports Name Address Maps SSN / DOB Phone El BAIRD CHERYL ELAINE AKA: STIBITZ CHERYL E AKA: BAIRD CHERYL S AKA: BAIRD CHERYL AKA: BAIRD C E AKA: KESSLER CE AKA: KESSLER CHERYL 2466 MARKET ST 5x HARRISBURG PA 17103-2434 Reported: 02/01/2000 - 04/24/2008 County: Dauphin Map It Issued:81967-1968 in PA Landline: (717) 260- 9187 BAIRD CHERYL S 2466 MARKET ST 3x HARRISBURG PA 17103-2434 Reported: 02/01/2000 - 03/29/2003 County: Dauphin Map It -8152 Issued: 1967-1968 in PA BAIRD CHERYL ELAINE AKA: STIBITZ CHERYL E AKA: BAIRD CHERYL S AKA: BAIRD 13383 MCCOMB 6x CONROE TX 77302 - 4555 Reported: 09/01/1994 = Map It -8152 https ://www.tracersinfo. corn/SearchCentral/viewreturn.php3 ?pargs=YToxO... 2/26/2014 Tracers Information Specialists, Inc. - Premium People Search Page 4 of 9 https://www.tracersinfo. com/SearchCentral/viewreturn.php3?pargs=YToxO... 2/26/2014 CHERYL AKA: KESSLER C AKA: IRWIN CHERYL AKA: KESSLER CHERYL M 07/13/2001 County: MONTGOMERY BAIRD CHERYL ELAINE AKA: STIBITZ CHERYL E AKA: BAIRD CHERYL S AKA: BAIRD CHERYL 516 COLUMBIA AV 5x TEMPLE PA 19560- 1415 Reported: 06/16/1998 - 11/13/2000 County: BERKS Map It 8152 Issued: 1967-1968 in PA IRWIN CHERYL 2466 MARKET ST 1x HARRISBURG PA 17103-2434 Reported: 02/01/2000 - 02/01/2000 County: Dauphin Map It .8152 Issued: 1967-1968 in PA STIBITZ CHERYL E 2466 MARKET ST 1x HARRISBURG PA 17103-2434 Reported: 02/01/2000 - 02/01/2000 County: Dauphin Map It -8152 issues: 1967-1968 in PA KESSLER CHERYL ELAINE 5000 KUTZTOWN 3x RD TEMPLE PA 19560- 1233 Reported: 02/01/1999 - 02/23/1999 County: BERKS Ma Itp -8152 Issued: 1967-1968 in PA BARD CHIERYL S 5000 KUTZTOWN 3x RD TEMPLE PA 19560- 1233 Reported: 02/01/1999 - 02/23/1999 Map It Issued: 81967-1968 in PA https://www.tracersinfo. com/SearchCentral/viewreturn.php3?pargs=YToxO... 2/26/2014 Tracers Information Specialists, Inc. - Premium People Search Page 5 of 9 https://www.tracersinfo.com/SearchCentral/viewreturn.php3?pargs=YToxO... 2/26/2014 County: BERKS BAIRD CHERYL ELAINE AKA: STIBITZ CHERYL E BAIRD CHERYL S AKA: BAIRD CHERYL AKA: KESSLER CHERYL E 5000 KUTZTOWN 6x RD TEMPLE PA 19560- 1233 Reported: 02/01/1999 - 02/23/1999 County: BERKS MapIt -8152 Issued: 1967-1968 in PA ._ El EL CHER LD L 5000 KUTZTOWN 1x RD TEMPLE PA 19560- 1233 Reported: 02/23/1999 - 02/23/1999 County: BERKS Map It -8152 Issued: 1967-1968 in PA Reports Name Address Maps SSN / DOB Phone kauReported: IRWIN CHERYL 5000 KUTZTOWN 1x RD TEMPLE PA 19560- 1233 02/01/1999 - 02/01 /1999 County: BERKS Ma Itp 8152 Issued: 1967-1968 in PA STIBITZ CHERYL E 5000 KUTZTOWN 1x RD TEMPLE PA 19560- 1233 Reported: 02/01/1999 - 02/01 /1999 County: BERKS ma It Itp Issued: 1967-1968 in PA _ BAIRD CHERYL S 516 COLUMBIA 3x AVE TEMPLE PA 19560- 1415 Reported: 06/16/1998 - 06/16/1998 County: BERKS Ma Itp 8152 Issued: 1967-1968 in PA 516 COLUMBIA 3x https://www.tracersinfo.com/SearchCentral/viewreturn.php3?pargs=YToxO... 2/26/2014 Tracers Information Specialists, Inc. - Premium People Search Page 6 of 9 https ://www. tracersinfo. com/SearchCentral/viewreturn.php3 ?pargs=YToxO... 2/26/2014 KESSLER CHERYL ELAINE AVE TEMPLE PA 19560- 1415 Reported: 06/16/1998 - 06/16/1998 County: BERKS Map It 8152 Issued: 1967-1968 in PA EL BAIRD CHERYL 516 COLUMBIA 1x AVE TEMPLE PA 19560- 1415 Reported: 06/16/1998 - 06/16/1998 County: BERKS Ma p It •8152 Iccu ipri• 1 qR7-1 qAR in PA - EL BAIRD CHERYL 652 W BRIARCLIFF1x RD BOLINGBROOK IL 60440-2631 Reported: 10/27/1997 - 05/15/1998 County: WILL Ma It. -8152 Issued: 1967-1968 in PA KESSLER CHERYL E 652 W BRIARCLIFF2x RD BOLINGBROOK IL 60440-2631 Reported: 10/27/1997 - 05/15/1998 County: WILL Ma It. •8152 Issued: 1967-1968 in PA BAIRD CHERYL ELAINE 652 W BRIARCLIFF1x RD BOLINGBROOK IL 60440-2631 Reported: 10/27/1997 - 05/15/1998 County: WILL IVIa It 8152 Issued: 1967-1968 in PA EL BAIRD CHERYL 13383 MCCOMB 1x RD CONROE TX 77302- 4555 Reported: 09/05/1995 - 10/27/1995 County: MONTGOMERY Map It 8152 Issued: 1967-1968 in PA KESSLER CHERYL ELAINE 13383 MCCOMB 3x RD CONROE 5ROE TX 77302- Reported: 09/01/1994 - 10/27/1995 County: MONTGOMERY Ma Itp -8152 Issued: 1967-1968 in PA https ://www. tracersinfo. com/SearchCentral/viewreturn.php3 ?pargs=YToxO... 2/26/2014 Tracers Information Specialists, Inc. - Premium People Search Page 7 of 9 Reports Name Address Maps SSN / DOB Phone IRWIN CHERYL 13383 MCCOMB 1x RD CONROE TX 77302- 4555 Reported: 09/01/1994 - 09/01/1994 County: MONTGOMERY Map It -8152 Issued: 1967-1968 in PA [07:2., BAIRD CHERYL S 13383 MCCOMB 1x RD CONROE TX 77302- 4555 Reported: 09/01/1994 - 09/01/1994 County: MONTGOMERY Maplt -8152 Issued: 1967-1968 in PA STIBITZ CHERYL E 13383 MCCOMB 1x RD CONROE TX 77302- 4555 Reported: 09/01/1994 - 09/01/1994 County: MONTGOMERY Map3152 It Issued: 1967-1968 in PA BAIRD CHERYL ELAINE 241 W JACKSON 1x ST YORK PA 17401-2122 Reported: 11/01/1987 - 11/18/1993 County: York Map It 8152 Issued: 1967-1968 in PA EL BAIRD CHERYL 241 W JACKSON 1x ST YORK PA 17401-2122 Reported: 11/01/1987 - 11/18/1993 County: York Map It -8152 Issued: 1967-1968 in PA BAIRD CHERYL S 2743 SIERRA DR 1x YORK PA 17402-5041•8152 Reported: 01/01/1987 - 01/01/1987 County: York Mltp Issued: 1967-1968 in PA STIBITZ CHERYL E 2743 SIERRA DR 1x YORK PA 17402-5041 Reported: 01/01/1987 - 01/01/1987 County: York Ma Itp -8152 Issued: 1967-1968 in PA KESSLER 2743 SIERRA DR 1x YORK PA 17402-5041 Map 8152 https://www.tracersinfo.com/SearchCentral/viewreturn.php3 ?pargs=YToxO... 2/26/2014 Tracers Information Specialists, Inc. - Premium People Search Page 8 of 9 https://www.tracersinfo.coin/SearchCentral/viewreturn.php3?pargs=YToxO... 2/26/2014 CHERYL ELAINE Reported: 01/01/1987 - 01/01/1987 County: York It Issued: 19A7-19AR in PA j IRWIN CHERYL 2743 SIERRA DR 1x YORK PA 17402-5041 Reported: 01/01/1987 - 01/01/1987 County: York Ma Itp 8152 Issued: 1967-1968 in PA i „ BAIRD CHERYL ELAINE 2743 SIERRA DR 1x YORK PA 17402-5041 Reported: 01/01/1987 - 01/01/1987 County: York Mltp -8152 Issued: 1967-1968 in PA Reports Name Address Maps SSN / DOB Phone BAIRD CHERYL S 241 ap E JACKSON 1x YORK PA 17403-3238 County: York M It -8152 Issued: 1967-1968 in PA STIBITZ CHERYL E 516 COLUMBIA 1x AVE TEMPLE PA 19560- 1415 County: BERKS Map -8152 Issued: 1967-1968 in PA IRWIN CHERYL 516 COLUMBIA 1x AVE TEMPLE PA 19560- 1415 County: BERKS Ma Itp -8152 Issued: 1967-1968 in PA • BAIRD CHERYL ELAINE 241 E JACKSON 1x ST YORK PA 17403-3238 County: York M p 8152 issued: 1967-1968 in PA =• IRWIN CHERYL 241 E JACKSON lx ST YORK PA 17403-3238 County: York Map It •8152 Issued: 1967-1968 in PA -8152 Issued: 1967-1968 in PA _ ani BAIRD CHERYL S 196 MCKINLEY DR 1x YORK PA 17403-9507 County: York Map . KESSLER CHERYL ELAINE 241 E JACKSON 1x YORK PA 17403-3238 County: York Map 8152 Issued: 1967-1968 in PA BAIRD CHERYL ELAINE 196 MCKINLEY DR 1x YORK PA 17403-9507 County: York Itp •8152 Issued: 1967-1968 in PA IRWIN CHERYL 196 MCKINLEY DR 1x YORK PA 17403-9507 Map It 8152 https://www.tracersinfo.coin/SearchCentral/viewreturn.php3?pargs=YToxO... 2/26/2014 Tracers Information Specialists, Inc. - Premium People Search Page 9 of 9 https://www.tracersinfo. com/SearchCentral/viewreturn.php3 ?pargs=YToxO... 2/26/2014 County: York KESSLER CHERYL ELAINE 196 MCKINLEY DR 1x-8152 YORK PA 17403-9507 County: York Map It Issued: 1967-1968 in PA Reports Name Address Maps SSN / DOB Phone STIBITZ CHERYL E 196 MCKINLEY DR 1x8152 YORK PA 17403-9507 County: York Mltp Issued: 1967-1968 in PA STIBITZ CHERYL E 241 E JACKSON 1x YORK PA 17403-3238 County: York Ma Itp 8152 Issued: 1967-1968 in PA El https://www.tracersinfo. com/SearchCentral/viewreturn.php3 ?pargs=YToxO... 2/26/2014 Exhibit B January 29, 2014 REO AMERICA ABSTRACT, INC 123 S. Broad Street Suite 1225 Philadelphia, PA 19109 Phone 215-320-5770 Fax 855-428-1090 Prepared for: Effective Date: 1/21/2014 McCabe McCabe Weisberg & Conway 123 S. Broad Street Philadelphia, PA 19109 TITLE REPORT 2 Ardmore Circle, New Cumberland, PA 17070 County of Cumberland, Commonwealth of Pennsylvania Lot 12, Block G Record title vested in: BEING the same premises which G Robert Little and Collette Little, his wife, by Deed dated January 20, 1975, and recorded March 17, 1975, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book Z25, Page 116, granted and conveyed unto Janvier W Irwin, Jr. and Hazel D Irwin, his wife, in fee. Subject to the following: 1. Open End Mortgages: Mortgage from M&T Mortgage Corporation to Hazel D Irwin in the amount of $300,240.00, Dated 10/30/2006, Recorded 11/14/2006 in Book 1972 and Page 4439. Assignment of Mortgage: Assignor: M&T Mortgage Corporation Assignee: Financial Freedom Senior Funding Corporation, a subsidiary of IndyMac Bank, FSB Dated: 10/30/2006 Recorded: 11/14/2006 Book: 732 Page: 202 This report does not constitute title insurance, nor is it a commitment to issue title insurance. This report should not be used or relied upon in a real estate or loan settlement or closing, as possible additional public records may need to be searched. Our liability for this search is limited to $1,500.00 Page 1 of 4 TITLE REPORT 2 Ardmore Circle, Unit Number New Cumberland, PA 17070 County of Cumberland, Commonwealth of Pennsylvania Lot 12, Block G (continued) Assignment of Mortgage: Assignor: Financial Freedom Senior Funding Corporation Assignee: MERS as nominee for a Delaware Corporation, it's successors or assigns, as nominee for Financial Freedom Acquisition LLC Dated: 11/30/2009 Recorded: 12/30/2009 Instrument: 200942897 2. Mortgages: Mortgage from MERS as nominee for Financial Freedom Acquisition LLC to INSERT in the amount of $300,240.00, Dated 10/30/2006, Recorded 11/14/2006 in Book 1972 and Page 4448. This report does not constitute title insurance, nor is it a commitment to issue title insurance. This report should not be used or relied upon in a real estate or loan settlement or closing, as possible additional public records may need to be searched. Our liability for this search is limited to $1,500.00 Page 2 of 4 TITLE REPORT 2 Ardmore Circle, Unit Number New Cumberland, PA 17070 County of Cumberland, Commonwealth of Pennsylvania Lot 12, Block G (continued) 3. Taxes: As Shown On Attachment 4. Superior Court: As Shown On Attachment 5. Surrogates: INSERT 6. County Judgments: As Shown On Attachment NOTE: This is a special service report of title utilized when a title policy is not to be issued. The liability of this company will not exceed the amount paid by the applicant in connection with the preparation of this report. No liability is assumed for items not indexed or mis-indexed. This report is offered to you as a courtesy and does not represent either a commitment to insure title, nor an opinion as to the marketability of the title to the subject premises. REO AMERICA ABSTRACT, INC. By Elena Sprinkle This report does not constitute title insurance, nor is it a commitment to issue title insurance. This report should not be used or relied upon in a real estate or loan settlement or closing, as possible additional public records may need to be searched. Our liability for this search is limited to $1,500.00 Page 3 of 4 TITLE REPORT 2 Ardmore Circle, Unit Number New Cumberland, PA 17070 County of Cumberland, Commonwealth of Pennsylvania Lot 12, Block G (continued) LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the County of Cumberland, Commonwealth of Pennsylvania. ALL that certain tract or parcel of ground situate.in the Borough- . of New Curnberland, Cumberland County, Pennsylvania, More particularly bounded and cleseribe-d according to a survey of D. P. Haffensperger! R.$.., dated JUlY lag 19576 as follOws: ,..BEGINNING at a_ppint an the southeast corner of Drexel Hill& Boulevard and Arctscire Circle; thence eastwardly.along the south side •of Drexel Hills Boulevard, 115.17 feet to a point at 'the dividing - line between Lots Nos 12 and 13, Block "0" on the hereinafter men- tioned plan of lots, thence 'sauthwardly 'along the same, 101.05 feet tO a _point at the dividing line between Lots No 9 11 and L2, Block "C". on said plan.; thence- westwardly along • the 'ears , 135.6 feet to a point on the eastern side of 'Ardmore Circle; thence northwardly along the 121amd, 100 feet to a point, the Place o1 BEGINNINS. BEING Lot No...12, Block "G" on Plan of Highland Park Hills and lir iel Hills recorded in Plan Book 0, Page 9, Cumberland County records This report does not constitute title insurance, nor is it a commitment to issue title insurance. This report should not be used or relied upon in a real estate or loan settlement or closing, as possible additional public records may need to be searched. Our liability for this search is limited to $1,500.00 Page 4 of 4 IIA85TRACTS Title Co REO America Abstract TITLE REPORT PO Box 310, Bradley Beach, NJ 07720 CELL 201 207 0628 FAX 304 2414280 EMAIL acab@accurateabstracts.com Title 2014-28699 AA 472029 (60 Year Search) Premises 2 Ardmore Circle Block 26-24-0809-262 Town New Cumberland Lot County Cumberland Qual File Map 8-9 Set Back Title In By Deeds Janvier W. Irwin Jr. and Hazel D. Irwin (His Wife) Dated 01/20/1975 Recorded 03/17/1975 In Book Z 25 Page 116 Mortgage Assignment Assignment $ 300,240.00 Held by Held by Held by 10/30/2006 11/14/2006 1972 M&T Mortgage Corporation 10/30/2006 11/14/2006 732 Financial Freedom Senior Funding Corp 11/30/2009 12/30/2009 200942897 "MERS" Financial Freedom Acquisition LLC 4439 202 Mortgage $ 300,240.00 Held by 10/30/2006 11/14/2006 1972 Secretary of HUD 4448 Tax Sale Certificates None Open of Record Time Searched Estates None in the time searched Inheritance Tax Waivers None in the time searched Restrictions Instrument / Book Page 114 112 Type Easements None in the time searched Grants Instrument / Book 88 90 116 115 P 17 56 75 Page 547 186 576 147 100 382 221 Type NonForeclosure Lis Pendens None in the time searched Construction Liens None in the time searched UCC Liens None in the time searched Federal Liens None in the time searched Institutional Liens None in the time searched Judgements Instrument / Book Page 2013-3386 Condo Liens None in the time searched Leases None in the time searched Power of Attorney None in the time searched Miscellaneous None in the time searched Started in Deed Book Z 8 Deed Page 507 SERVING ALL 21 COUNTIES IN THE STATE OF NEW JERSEY '1ACCURATE VABSTRACTS TITLE REPORT PO Box 310, Bradley Beach, NJ 07720 CELL 201 207 0628- FAX 304 2414280 EMAIL acab@accurateabstracts.com Remarks None in the time searched Certified as of 3-31-89. This report does not constitute an opinion of title, but merely discloses items found in the public records in the county in which the premises in question are located. This search is based on the recording and indexing systems of such county, and we cannot be held responsible for errors and omissions of such systems. By accepting this report, you agree that our liability for negligence, mistakes, or omissions is limited to an aggregate sum not to exceed the fee charged, and waive all rights to sue for damages not in accordance with the limitations set forth herein. Pages 47 Copies 0 Surrogate Copies 0 Board Date 01/21/2014 Search Date 01/28/2014 County Searcher PA Search Dept. SERVING ALL 21 COUNTIES IN THE STATE OF NEW JERSEY ACCURATE ABSTRACTS +-z PO Box 310, Bradley Beach, NJ 07720 CEL. 201 207 0628 FAX 304 241 42 EMAIL acab@accurateabstracts.com ■■ • �_ 1 • 111.11 11 www.AccurateAbstracts.com AA#: 472029 Job Type: 60 Year Search State: Pennsylvania County: Cumberland Town: New Cumberland Address: 2 Ardmore Circle Block: 26-24-0809-262 Lot: * Qualifier: * Title#: 2014-28699 Company: REO America Abstract Contact/Customer: REO NEW ORDERS Phone: 215 320 5776 Fax: 215 689 4378 Email: search@reoamericaabstract.com Order Date: 01/24/2014 Status: Completed Owner: Janvier W. Irwin Jr. Deed Book: * Purchaser: * Effective Date: * Copies: Full , Hazel D. Irwin Page: * Special Instructions FCs=2 owner. Client Needs Pertinent Copies (1st Page, Notary Pages, Legal, Signature, Recording Info, Dated Date, Parties, Note Amount, Any Riders) of ALL Deeds, Mortgages (Always need Notary Page), Liens, Judgments and found in the chain of title. Also need tax map and file map (if applicable) for every search.List of exceptions -no copies Number of Pages 47 Number of Copies 0 Search By PA Search Dept. Other Notes Notes Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY YL.t..V we i r. r of enul� trt,�� i' THE ! ti! .c1t`�� 25 I ti NOV -4 RH la: lk FTW,E$f`ERIFF C pENNSYL.VA PENNSYLVANIA One West Bank, N.A. vs. Cheryl Kessler (et al.) Case Number 2014-5660 SHERIFF'S RETURN OF SERVICE 10/01/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Cheryl Kessler, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 2 Ardmore Circle, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant. 10/01/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Unknown Surviving Heirs of Hazel D. Irwin, Deceased, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 2 Ardmore Circle, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant. 10/21/2014 07:55 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Cheryl Kessler at 164 Blacksmith Road, Lower Allen, Camp Hill, PA 17011. AE DIMARTILE, DEPUTY SHERIFF COST: $85.16 SO ANSWERS, October 22, 2014 RNY R ANDERSON, SHERIFF (c) CountySuito Sheriff, Teleosoft, lnc. 1 OneWest Bank, N.A., formerly known as OneWest Bank, FSB Plaintiff v. Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner Defendants Cumberland County Court of Common Pleas Number: 14-5660 ORDER AND NOW, this /01 day of ,Uo&t-'4-e' , 2014, upon consideration of Plaintiff's Motion for Service upon the Defendant, Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and' Real Owner, Pursuant to Special Order of Court, it is hereby ORDERED that pursuant to Pennsylvania Rules of Civil Procedure 430, Plaintiff may comply with the applicable service requirements by one PUBLICATION of a NOTICE of the filing of the Complaint in Cumberland County newspaper with daily circulation and by one PUBLICATION of a NOTICE of the filing of the Complaint in the Cumberland Law Journal ; by POSTING the premises 2 Ardmore Circle, New Cumberland, Pennsylvania 17070 with a copy of the Complaint filed in the above captioned matter and by MAILING by Certified Mail, Return Receipt requested a true and correct copy of the Complaint to the premises which is the subject of the action. FURTHER, it is ORDERED that the Plaintiff may serve all subsequent Notices and pleadings, that require personal service, in the manner set forth above except that Notice of Sheriff's Sale made by the Sheriff in the manner set forth in Pa.R.C.P. 3129.2(D) is legally sufficient and Plaintiff need not re -publish. Number: 14-5660 SERVICE shall be deemed effectuated and completed upon the PUBLICATION, POSTING or MAILING, whichever is later. V1 c1 r artA- e0P BY THE COURT: Number; 14.5660 NOV 17 El 10: 20 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - 1D # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff OneWest Bank, FSB Plaintiff v. Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner, Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner Defendants Cumberland County Court of Common Pleas Number 14-5660 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above -captioned matter. MeCAB, BY: G [ ] Terrence i. cCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ 1 Carol A. DiPrinzio, Esquire Attorneys for Plaintiff CO AY, P.C. arc S. Weisberg, Esq. 1 argaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. te-] Joseph I. Foley, Esq. ] Lena Kravets, Esquire Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ; THE r.RO i HONOTA Hifi NOV 26 AM I1: 22 C-UMBERL.AHD COUNTY PENNSYLVANIA OFFt One West Bank, N.A. vs. Cheryl Kessler (et al.) Case Number 2014-5660 SHERIFF'S RETURN OF SERVICE 11/19/2014 06:12 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Unknown Surviving Heirs of Hazel D. Irwin, Deceased, pursuant to Order of Court by "Posting" the premises located at 2 Ardmore Circle, New Cumberland Borough, New Cumberland, PA 17070 with a true and correct copy according to law. UTSHA L, DEPUTY SHERIFF COST: $53.21 SO ANSWERS, November 21, 2014 (c) CountySuito Shen tt ioieosoft. Inc. RONNYR ANDERSON, SHERIFF F;; 2:51 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff OneWest Bank, FSB Plaintiff V. Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner, Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF PHILADELPHIA Cumberland County Court of Common Pleas Number 14-5660 The undersigned attorney being duly sworn according to law, deposes and says that the following is true and correct to the best of his/her knowledge and belief: 1. That he/she is counsel for the above-named Plaintiff; 2. That on November 19, 2014, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his/her last -known address of 2 Ardmore Circle, New Cumberland, Pennsylvania 17070. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A". 3. That on November 19, 2014, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner, by posting the same at the mortgaged premises of 2 Ardmore Circle, New Cumberland, Pennsylvania 17070. A true and correct copy of the Sheriff's Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B". 4. That on November 21, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner, through publication in the Sentinel. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "C". 5. That on December 5, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner, through publication in Cumberland Law Journal. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "D". SWORN AND SUBSCRIBED BEFORE ME THIS 6 `F' DAY OF , 2014 NOTA ' ' 'UI BL C CO;liv AV.IIZ/ LTH OF F pINSYLV ,MA NOTARIAL SEAL Kimbstiy Lynn McCishey, Notx.ry Public City of Phileceipl'tia,Phila. �2r 7y2416 Commission Expires SeptM ABE, WEI E ' AN BY: [ ] Terre : e J. McCabe, Esq. [ ] E . and D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff CONWAY, P.C. [ ] Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Aim E. Swartz, Esq. Lc] Joseph I. Foley, Esq. [ ] Lena Kravets, Esquire OneWest Bank, N.A., formerly known as OneWest Bank, FSB Plaintiff v, Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazen). Irwin, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner Defendants Cumberland County Court of Common Pleas Number: 14-5660 ORDER 1 AND NOW, this /041ay of 1/0.14.411 , 2014, upon consideration of Plaintiffs Motion for Service upon the Defendant, Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner, Pursuant to Special Order of Court, it is hereby ORDERED that pursuant to Pennsylvania Rules of Civil Procedure 430, Plaintiff may comply with the applicable service requirements by one PUBLICATION of a NOTICE of the filing of the Complaint in Cumberland County newspaper with daily circulation and by one PUBLICATION of a NOTICE of the filing of the Complaint in the Cumberland Law Journal ; by POSTING the premises 2 Ardmore Circle, New Cumberland, Pennsylvania 17070 with a copy of the Complaint filed in the above captioned matter and by MAILING by Certified Mail, Return Receipt requested a trite and correct copy of the Complaint to the premises which is the subject of the action. FURTHER, it is ORDERED that the Plaintiff may serve all subsequent Notices and pleadings, that require personal service, in the manner set forth above except that Notice of Sheriff's Sale made by the Sheriff in the manner set forth in Pa.R.C.P. 3129.2(D) is legally sufficient and Plaintiff need not re -publish. Number: 14-5660 SERVICE shall be deemed effectuated and completed upon the PUBLICATION, POSTING or MAILING, whichever is later. BY THE COURT: Igi•444"-a.411400 J. Numbcr: 14-5660 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 210 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914) 636-8901 SUITE 201 216 HADDON AVENUE WESTMONT, NJ 08108 (856)858.7080 FAX (856) 858-7020 SUITE 130 DELAWARE CORPORATE CENTER 1 ONE RIGHTER PARKWAY WILMINGTON, DE 19803 (302) 409-3520 FAX 855-425-1980 Unknown Surviving Heirs of Hazel D. Irw 2 Ardmore Circle New Cumberland, Pennsylvania 17070 SUITE 1400 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 November 19, 2014 Deceased Mortgagor and Real Owner SUITE 800 312 MARSHALL AVENUE LAUREL, MD 20707 (301)490-3361 FAX (301) 490-1568 Also servicing the District of Columbia SUITE 203 722 E. MARKET STREET LEESBURG, VA 20176 (571)449 9350 FAX: (855) 845-2585 SUITE 2S06 1 HUNTINGTON QUADRANGLE MELVILLE, NY 11747 (631) 812-4084 FAX: (855) 845.2584 Re: OneWest Bank, FSB v.Cheryl Elaine Kessler, a/k/a Cheryl Elaine Irwin, a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner, Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner Cumberland County; Court of Common Pleas; Number: 14-5660 Dear Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner, Enclosed please fmd a true and correct copy of the Complaint in Mortgage Foreclosure, the original of which has been duly filed of record with the Court. /mceEnclosure SENT VIA CERTIFIED MAIL NUMBER 7014 2120 0002 1646 4886 Very truly yours, Maggie Cline, Paralegal For McCabe, Weisberg and Conway, P.C. This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor J .r SHERIFF'S OFFICE OF CUMBERLAND COUNTY One West Bank, N.A. vs. Cheryl Kessler (et al.) Case Number 2014-5660 SHERIFF'S RETURN OF SERVICE 11/19/2014 06:12 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential MortgageForeclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Unknown Surviving Heirs of Hazel D. Irwin, Deceased, pursuant to Order of Court by "Posting" the premises located at 2 Ardmore Circle, New Cumberland Borough, New Cumberland, PA 17070 with a true and correct copy according to law. SHERIFF COST: $53.21 SO ANSWERS, November 21, 2014 RONNY R ANDERSON, SHERIFF y -.nZ •iii• .�. •••••••• (id C, u A' Slide Shc ;{r,'Wec$ 11 Lx:, PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Cathy Clark, Advertising Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of November 21, 2014. COPY OF NOTICE OF PUBLICATION Cumberland County Court of Common Pleas Number 14-6560 Notice of Action In Mortgage Foreclosure OnsWest Sank; FSB, Plafnllff v. Cheryl Elaine Kessler, arkle•Cheryl Elaine Irwin, e!kI.Cheryl Elaine Baird, Known Surviving Heir of Hegel t? ,1�W, Int Decieseu Mortgagor end Reel Owner, Unknown Surviving Hilts oi)lazsl D,•(twin, Usoeased Mortgagor end Reel p er bsfindantt' TO prernlsea subject to toreclosurs: 2 Ardmore Circle, New btimberland, Psnnrylvart1017070. NOTICE:11 you wish to.defend; you Must entero tefittsn appearance personally or by attorney and file your defenses or'ob1041ohe In writing with the court, You ere. warned " 'thetif you fell to ca iolhe ogee may -proceed Without you ends Judgment may be entered against you Wit out further notice for the relief requested by the Plaintiff. You may lose'money or property or other rights Important to you. You should lake thle notice to your lawyer 'at once, It yo do not have e lawyer, go to or telephone the office set forth below. This offfci can provide.you with Infortmr►tation about hiring a lawyer. If you cannot afford to hire a lawyer, ihie office may be able to provide you with information about agencies that may offer legal seri/RAS to eligible persons ata reduced fee or no fee. Cumberland Counry;BerAseoblatlon 32.8outh Bedford Street Carlisle, Pennsylvania 17013, (000) SOO-9108. McCabe, *Heiberg '8, Conway, P.C., Attorneys, for Plaintiff, 123 8. Broad'St., Ste. 1400, Phila., PA 191'09.215.790-1010 EXIf/gT C Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication true. Sworn to and subscribed before me this alp dot. mayor 90i id-Pto Notary 't blic My commission expires: GQMMONWEAL1H OF PENNS1rLVA 16 Notarial Seal Benfleet / Hcioy; 111; tory Public GI N le acro, C I Ib:dana teunty _ Ityittminission ? Sept. 26/ 2015 reiNSYLVMSAASSOCURIONtv1ti0TARitf PROOF OF PUBLICATION OF NOTICE • IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz December 5, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne/Editor SWORN TO AND SUBSCRIBED before me this 5 day of December, 2014 1 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 e CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE Cumberland County Court of Common Pleas Number: 14-5660 OneWest Bank, FSB, Plaintiff v. Cheryl Elaine Kessler a/k/a Cheryl Elaine Irwin a/k/a Cheryl Elaine Baird, Known Surviving Heir of Hazel D. Irwin, Deceased Mortgagor and Real Owner, Unknown Surviving Heirs of Hazel D. Irwin, Deceased Mortgagor and Real Owner, Defendants TO: Unknown Surviving Heirs of Ha- zel D. Irwin, Deceased Mortgagor and Real Owner Premises subject to foreclosure: 2 Ardmore Circle, New Cumberland, Pennsylvania 17070. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Plaintiff. You, may lose money or property or other rights important to you. You should take this notice 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 re- duced fee or no fee. Cumberland County 8 Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff 123 S. Broad St. Ste. 1400 Philadelphia, PA 19109 (215) 790-1010 Dec. 5 Y s