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HomeMy WebLinkAbout14-6214 hj Supreme Court-of Pennsylvania Cour. Fomm" 'n.Pleas For Prothonotary . vi , eet USE Only. J CUBE J�A �� County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplenient or replace thefifing and service of leadin s or other papers as required by law or rules o court. S Commencement of Action: D Complaint ❑Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff s Name: PHH MORTGAGE Lead Defendant's Name: LISA SHURGALA,in her capacity as T CORPORATION Heir of GEORGE W.DAVIS,JR,Deceased I Are money damages requested? ❑Yes &No Dollar Amount Requested: ❑within arbitration limits Q Check one 0 outside arbitration limits N Is this a Class Action Suit? ❑Yes 0 No Is this an MDJ Appeal? ❑Yes 0 No A Name of Plaintiff/Appellant's Attorney: Kenya Bates,Esq,Id.No.243664,Phelan Hallinan LLP ❑ Check here if yon have no attorney (are a Self-Represented [Pro Sel Litigant) Nature of the Place an"X"to the left of the ONE case category that most accurately describes your Case: PRIMARY CASE.if you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection:Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection:Other ❑Board of Elections ❑Nuisance ❑Dept.of Transportation ❑Premises Liability ❑Statutory Appeal:Other ❑Product Liability(does not S include mass tort) ❑Employment Dispute: ❑Slander/Libel/Defamation Discrimination E ❑Other: ❑Employment Dispute:Other ❑Zoning Board C ❑Other: T I MASS TORT ❑Other: Q ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration B ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑Other: ❑Medical ❑Other: ❑Other Professional: Pa.R.CP. 205.5 Updated 01101120i1 E. 7 L I's GUN"i j PBELAN HALLINAN,LLP `'-3 I L Kenya Bates,Esq.,Id.No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 kenya.bates@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS MOUNT LAUREL,NJ 08054 CIVIL DIVISION Plaintiff V. TERM LISA SHURGALA, in her capacity as Heir of GEORGE NO. H -0 Iq W. DAVIS,JR,Deceased 177 W PHEASANT DR CUMBERLAND COUNTY KINGSTON,PA 18704-1467 KERRIE DAVIS,in her capacity as Heir of GEORGE W. DAVIS, JR,Deceased 1978 FRY LOOP AVENUE CARLISLE,PA 17013-4620 JOHN DAVIS,in his capacity as Heir of GEORGE W. DAVIS,JR,Deceased 1978 FRY LOOP AVENUE CARLISLE,PA 17013-4620 UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER GEORGE W.DAVIS,JR,DECEASED 1978 FRY LOOP AVENUE CARLISLE,PA 17013-4620 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE csb File#: 809257 O#q g 3,9 '2401a1K I. Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL,NJ 08054 2. The name(s)and last known address(es) of the Defendant(s) are: LISA SHURGALA, in her capacity as Heir of GEORGE W.DAVIS,JR,Deceased 177 W PHEASANT DR KINGSTON,PA 18704-1467 KERRIE DAVIS,in her capacity as Heir of GEORGE W. DAVIS,JR,Deceased 1978 FRY LOOP AVENUE CARLISLE,PA 17013-4620 JOHN DAVIS,in his capacity as Heir of GEORGE W. DAVIS,JR,Deceased 1978 FRY LOOP AVENUE CARLISLE,PA 17013-4620 UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS,JR,DECEASED 1978 FRY LOOP AVENUE CARLISLE,PA 17013-4620 who is/are the real owner(s)of the property hereinafter described. 3. On 11/17/2004 GEORGE W. DAVIS,JR and FAY DAVIS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. AS NOMINEE FOR CENDANT MORTGAGE CORPORATION,which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1890,Page 0059. By Assignment of Mortgage recorded 02/27/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201306495.The mortgage and assignment(s), if any, are matters of public record and are incorporated File#: 809257 herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage,upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 08/15/2014: Principal Balance $117,769.47 Interest $8,433.21 07/01/2012 through 08/15/2014 Late Charges $94.38 Property Inspections $157.50 Property Preservation $830.00 Escrow Deficit $5,017.37 TOTAL $132,301.93 7. Plaintiff is not seeking a judgment of personal liability (or an in persona m judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in File#: 809257 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s)has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. FAY DAVIS was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of FAY DAVIS's death on or about 02/05/2012, her ownership interest was automatically vested in the surviving tenant by the entirety. 10. Mortgagor GEORGE W. DAVIS, JR died on 09/15/2012, and upon information and belief, his surviving heirs are LISA SHURGALA, KERRIE DAVIS and JOHN DAVIS. 11. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 12. Plaintiff hereby releases GEORGE W. DAVIS, JR and FAY DAVIS, from liability for the debt secured by the mortgage. 13. Plaintiff does not hold the named Defendants, LISA SHURGALA,KERRIE DAVIS, and JOHN DAVIS,personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File#: 809257 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $132,301.93, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: '�4' �--,4-72S Kenya Biftes,Esq.,Id.No.203664 Attorney for Plaintiff File#: 809257 LEGAL DESCRIPTION ALL those certain lots of land with the improvements thereon erected, situate in North Middleton Township, Cumberland County,Pennsylvania, numbered according to Plan No. 4 of Schlusser Village, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 7,Page 39, as modified by Plan No. 5 in Plan Book 9,Page 3, bounded and described as follows: BOUNDED on the North by other land now or formerly of George H. Schlusser,prior Grantor; on the East by Lot No 54; on the South by Wagner Street; and on the West by Fry Avenue, being all of Lots Nos. 52 and 53 as shown on said Plan of Lots. UNDER AND SUBJECT to certain building and other restrictions attached to and made a part of the within referred to Plan of Lots. BEING the same premises which Marlin C. Losch,Jr. and Doris F. Losch granted and conveyed to Marlin C. Losch, Jr., grantor herein, deed dated January 11, 1978 and recorded in Cumberland County Deed Book P, Volume 27, Page 655. PROPERTY ADDRESS: 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620 PARCEL#29-16-1094-247. File#: 809257 VERIFICATION William Bellows ,hereby states that he/she is Assistant Vice President fPHH MORTGAGE CORPORATION,Plaintiff in this matter,that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Name: William Bellows Title: Assistant Vice President PHH MORTGAGE CORPORATION File#: 809257 Name: SHURGALA File#: 809257 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 809257 Plaintiff(s) PHH MORTGAGE CORPORATION vs. LISA SHURGALA KERRIE DAVIS JOHN DAVIS Defendant(s) 111.1111111111 N THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY, PENNSTLVANIA 1/'LD'1ICivil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court -supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service 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 attempt to work out a 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 the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. 10/24/ Date Respectfully submitted: Sign e of Counsel for Plaintiff- 77: laintiff: Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No n Mailing Address (if different): City: Phone Numbers: Email: Home: Cell: State: Office: Other: Zip: # of people in household: How long? CO -BORROWER Mailing Address: City: Phone Numbers: Email: State: Zip: Home: Cell: Office: Other: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date you Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Year: Year: 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) I EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child SuppordAlim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co -Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION vs. LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -6214 -CIVIL CUMBERLAND COUNTY MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, PHH MORTGAGE CORPORATION, respectfully requests that this Honorable Court enter an ORDER granting Plaintiff's Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. The property located at 1978 FRY LOOP AVENUE, CARLISLE, PA 17013- 4620 is owned by GEORGE W. DAVIS, JR and FAY DAVIS, as tenants by the entireties by virtue of a deed dated April 9, 2003 and recorded April 17, 2003 in Book 256, Page 3027 of the CUMBERLAND County Recorder of Deeds Office. 2. On November 17, 2004, GEORGE W. DAVIS, JR and FAY DAVIS made, executed, and delivered a mortgage upon the premises at 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620. 809257 3. FAY DAVIS was a co -record owner of the mortgaged premises as a tenant by the entirety. By virtue of FAY DAV IS's death on or about February 5, 2012, her ownership interest was automatically vested in the surviving tenant by the entirety. 4. The loan is in default as payments due August 1. 2012 and each month thereafter are due and unpaid. 5. Real Owner GEORGE W. DAVIS, JR died on September 15, 2012. Attached hereto marked as Exhibit "A" is a copy of the Lexis Nexis Search verifying the date of death. 6. Plaintiffs representative contacted the Register of Wills of CUMBERLAND. County and was informed that no estate has been raised on behalf of the decedent mortgagor. 7. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate the heirs of GEORGE W. DAVIS, JR. Plaintiffs investigation did not locate any heirs or an obituary for GEORGE W. DAVIS, JR. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 8. Plaintiff performed an Internet search and located an obituary for GEORGE W. DAVIS, JR. The obituary was published in the Citizens' Voice on September 19, 2012. Per the obituary, GEORGE W. DAVIS JR's surviving heirs are his children: Lisa Shurgala, Kerrie Davis and John Davis. Attached hereto, marked as Exhibit "C" is a true and correct copy of said obituary. 9. By letter dated April 24, 2014 Plaintiff attempted to contact Lisa Shurgala to inform her of the foreclosure and to request heir information. Attached hereto, marked as Exhibit "D" is a true and correct copy of said letter. 10. Upon information and belief, the surviving heirs at law and next-of-kin of GEORGE W. DAVIS, JR are LISA SHURGALA, KERRIE DAVIS and JOHN DAVIS. 809257 11. By letter dated May 18, 2014, Plaintiff contacted LISA SHURGALA, KERRIE DAVIS and JOHN DAVIS to inform them of the foreclosure action. Plaintiff attached with its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested information regarding the heirs of GEORGE W. DAVIS, JR. Attached hereto. marked as Exhibit "E" is a true and correct copy of Plaintiff's letter. 12. On October 23. 2014, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "F" is a true and correct copy of the Complaint in Mortgage Foreclosure. 13. Plaintiff named as a defendant, the unknown heirs, successors, assigns, and all persons, firms or associations claiming right, title or interest from or under the decedent record owner in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriffs auction. See Exhibit "F." 14. Because there may be parties with an interest in the mortgaged premises that are unknown, Plaintiff must effectuate service through Special Order of Court. 15. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that No Judge has previously entered a ruling in this case. 16. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on October 29, 2014, and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs October 29, 2014 letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "G." 809257 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by regular mail, by posting of the mortgaged premises, and by publication. Date: / l/(4//C Respectfully submitted, PHELAN HALLINAN, LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 809257 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION vs. LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -6214 -CIVIL CUMBERLAND COUNTY MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). 809257 Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation that has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit "B" is a copy of the Affidavit of Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa.Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff's sale. Title companies customarily require foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. Finally, Plaintiff is seeking only to enforce an in rem judgment through the foreclosure of the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the requested relief. PHELAN HALLINAN, LLP Date: i/iafr r. By: /_`�L Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 809257 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION vs. LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -6214 -CIVIL CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service was served by regular mail on Defendants on the date listed below: LISA SHURGALA 177 W PHEASANT DR KINGSTON, PA 18704-1467 KERRIE DAVIS 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 JOHN DAVIS 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 809257 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 Dated: i i//Z1/1C PHELAN HALLINAN, LLP By: l/���l�L�/%�� 11/L -r Adam H. Davis. Esq.. Id. No.203034 Attorney for Plaintiff 809257 Exhibit "A" 1 CF 1 RECORD(3) Death Record This data is for informational purposes only. This data is for informational purposes only. Decedent Information Name: DAVIS. GEORGE 'i i Address: PA LexID(sm): 581 187323 Decedent Personal Information SSN: Age: Date Of Death: Date of Birth: Key 09115/2012 Verified High Risk Indicator. These symtxls may _Poop; you dloderate Tisk Ind`_cator. These syiibois may .rinvestigate tir.hes Sorhe Pal lnforryticn Indicator. These symbol.. ir.forrr. -,u t1 -LC sddi t i-,n.provided. 'Ihe most recent telephone listing as reported ny the FDA source Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed incorrectly and is geccrally nut free from defect. This system should not be relied upon as definitively accurate. Before relying or any data this system supplies, it should be independently verified. For Secretary of State documents. the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state's Department of State. Your IPPA Permissible Use is- bed= Recovery;rraud Your bLaR Permissible Use is. Fraud Prevention or _eteccuon tnx.nt't.x.LO, a dial sod. Page 1 Exhibit "B" PP Nieiihia Attorney 1..sh'hi: 1:111bjeet: AFFIDAVIT OF GOOD FAITH INVESTIGATION 1if 'tete l'hiciaia, Hallinan, 1.1,0 he, property Address: 0":i7i..11-is„.ho en 3.ventie, Carlisle„ PA 17013 I. GIRLD11 iNJi1DiJMA ICA A. SOCIAL H1.1CLIC11 IN Lii1111'.k Our sedrch verified the following information to he true and correct Ceorge W. Davis Jr. XNX -2769 B. EMPik.rr MENT SEA NC01 George Ph. Davis jr, - A neck -iv of the credit reporting agencies provided no employment information, C. INQUIRY OF CREDEFORS Our inquiry of creditors indicated that George W. Davis Jr. reside(s) at: 1978 Fry Loop Avenue, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that George W. Davis Jr, reside(s) at: :1978 Fry Loop Avenue, Carlisle, PA 17013. On 03-26-13 our office made a telephone call to the subject's phone number (717) 701-8696 and received the following information: not in service. Our office was unable to locate any heir for George W. Davis Jr. M. OBITUARY SEARCH. A. Attempted to timid obituary via http://oetnewsbank.com. B. Our results found nothing. F. Attempted to find obituary via http:/ / wvw.legacy.coni/ NS/ obitfinder/ obituary search.aspx. C. Our results found nothing. IV, INQUIRY OF HEIRS AND NEIGHBORS On 03-26-13 our office attempted to contact Lisa L. Davis, potential relative of George W. Davis Jr. at: 177 West Pheasant Drive, Kingston, PA 18704, but was unable to get any phone number for her. On 03-26-13 our off ice attempted to contact Allen 0. Shurgala, potential relative of George W. Davis jr. at: 177 West Pheasant Drive, Kingston, PA 18704, but was unable to get any phone number for him. On 03-26-13 & 03-27-13 our office made a phone call in an attempt to contact Micky Shargala„ potential relative of George 'N. Davis jr. at (570) 714-2393, 643 Schuyler Avenue, Kingston, .1,-)A 18704: not in service. On 03-26-13 clX.: 03-27-13 our office made several phone calls in an attempt to contact Leonard A. Shurgala, potential relative of George W. Davis jr, at (925) 945-1821, 1434 Dos Palos Drive, Walnut Creek, CA 94597: answering machine. On 03-26-I3 our office made a phone call in an attempt to contact Leonard A. Shurgala, W. Davisr 7 r) 2a 92r G 1 3 DosP > Walnut l- •a� relative -vc 1 George � 4.:s Jr. �.. �5; t,� �.„ 3 ,_J 1, 4 4 aloe, Drive, Cr, t l -tai 94397: 97: li t in selViCe On 03-26-13 & I 2:7-13 on ofie 0:wade several phone calls in all attempt to contact.• Chaposkv, neighbor of the stole c' at ( 717) 243-6183, 1974 Fry I.i:3op Avenue, Carlisle, PA 17013: answering machine. On 03-26-13 & 03-27-13 our office made several phone calls in an attempt to contact Tr R. torner, neighbor of the subject at (717) 249-7870, 1977 Fry Loop Avenue, Carlisle, PA 17013: answering machine. On Op 26-13 t 07 27-1D.tour office made several phone calls in an attempt to contact Ora 1. neighbor of the subject at (717) 249-2640, 1907 Fry Loop Avenue, Carlisle, PA 17013: answering machine. Our office was unable to locate any heir for George W. Davis Jr. V. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-26-13 we reviewed the National Address database and found the following information: George W. Davis Jr. - 1.978 Fry Loop Avenue, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. VI. OILIER INQUIRIES A. DEATH RECORDS As of 03-26-13 Vital Records and all public databases have a death record on file for George W. Davis Jr. VII. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH George W. Davis Jr. - 1946 B. DATE OF DEATH George W. Davis Jr. - 09-15-2012 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the ,of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit Exhibit "C" George Davis Obituary: George Davis's Obituary by the Citizens Voice. Page 1 of l George W. Davis Jr. George W. Davis Jr.. 65. of Carlisle died Saturday. Sept. 15. 2012. in the Carlisle Regional Medical Center. Born Dec. 9. 1946. in Kingston, he was a son of the late George W. Sr. and Florence Davis and the widower of Fay Engle Davis. He enjoyed yearly trips to the Bloomsburg Fair, watching the Steelers. and "Cookie Monster," which he used as his CB handle. He was a member of Teamsters Local 229. He drove tractor -trailers for various trucking companies. Surviving are two daughters. Lisa Shurgala and husband. Allen. Larksville: and Kerrie Davis.. Dallas; one son. John Davis, Harveys Lake; two stepsons. Don Middaugh and companion. Audrey, Sugar Notch; and Steve Middaugh Sr.. Exeter; one brother, William Davis; and four grandchildren. Steven Jr., Jennifer. Jamie and Kimberly Middaugh. He was preceded in death by a son. David Davis. Memorial services will be held at the convenience of the family. Hoffman -Roth Funeral Home & Crematory Inc., 219 N. Hanover St., Carlisle, is in charge of the funeral arrangements. To sign the guest book. visit www.hoffmanroth.com. Published in Citizens' Voice on Sept. 19, 2012 http://www.legacy. com/obituaries/citizensvoice/obituary-print. aspx?n=george-w-davis &p... 11/25/2013 Exhibit "D" PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Piaza Philadelphia, PA 19103 ";i5-320-0007 Fax: 215-563-3352 April 24, 2014 Lisa Shurgala 177 W. Pheasant Drive Kingston, PA 18704-1467 RE: GEORGE W. DAVIS, JR.; 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620; PIM MORTGAGE CORPORATION; PH# 809257 Dear Tvfrs. Shurgala, As you are aware, the Law Offices of Phelan Hallinan, LLP represents PRH MORTGAGE CORPORATION, the holder of the mortgage against the above -referenced mortgaged premises. Our office has been retained to bring a foreclosure action. We are attempting to confirm the date of death for your brother, David Davis. To date, we have not been able to confirm his date of death or obtain proof of his death. We respectfully, request, that you provide a copy of David's death certificate or documentation, such as an obituary, which confirms his date of death. Also, please advise if David is survived by children or grandchildren, as they may have an ownership interest in the property. In addition we are attempting to locate the mailing addresses for Kerrie Davis and John Davis, heirs of George W. Davis, Jr. so we may properly send them notice with regards to the foreclosure. Lastly, please confirm if Donald P. Middaugh and Stephen A. Middaugh were adopted by George W. Davis, Jr. This information is needed to determine if they have an ownership interest in the property. Please contact a representative of our firm's Decedent Department at (215) 320-0007 Ext. 1262 within seven (7) days of receipt of this correspondence. Sincerely, Adam H. Davis, Esq., d. o. 203034 Attorney for Plaintiff * This firm is a debt collector attempting to collect a debt. Any information we receive will be used for that purpose. We are not seeking to collect money from you personally. Exhibit "E" HAL! !NAN, 1617 JFK ilouloaid, Suite 1400 ()Ito naiii Cemei Philadelphia, PA 19103 (215) 320-0007, Ext. 202 Fax: 215-563-335 s' May 18, 2014 LISA SHURGALA, Heir of GEORGE W. DAVIS, JR, Deceased 177 W PHEASANT DR KINGSTON, PA 18704-1467 KERRIE DAVIS, Heir of GEORGE W. DAVIS, JR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 JOHN DAVIS, Heir of GEORGE W. DAVIS. JR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 RE: GEORGE W. DAVIS, JR and FAY DAVIS; 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620; PHH MORTGAGE CORPORATION; PH # 809257 Dear Sir/IVIadam(s): Kindly be advised that the Law Offices of Phelan Hallinan, LLP represent PHI' MORTGAGE CORPORATION, the holder of the mortgage against the above -referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed of GEORGE W. DAVIS, JR's unfortunate death. We are sorry for your loss. As a possible heir of GEORGE W. DAVIS, JR, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. If the Waiver jai 1..R:d it inn. he necessary re ni-ihrie vcel a defendant in the iiiireelosure action.. ilosvever, if the Waiver t not timely 1:entitled and it is believed that -Hitt are an heir of the decedent; then ore- inniti rat theinice hill to tlUittaa aS irt the action in order to divest. any ow -neon -en interest yoti mayc a On: Office also requests thia itt ivoinitie US ttaiti ally atiditi011at heir information for GEORGE W. DAVIS, iTR, Deceased. Thiudi you for cooperation in this regard. (lease now. Ihrit hawai \Tr i101. p` c.:.:1u4:.16..; von froni i'n:cmninato Sell the subject premises and rocoverimi possihle y in the J1DYI[g;igeil premises prior to the completion cif the foreclosure action, NiVe would euro race you to contact your own attorney in regard to this matter. If you would like to request a payoff or reinstatement figure, please call (215) 563- 7000, and ask fur the Foreclosure Resolution Department. If you have any other questions regarding this letter, please contact a representative of our firm's Decedent Department at (215) 320-0007, Ext. 1262. Sincerely, Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff * This ficin is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we arc only proceeding against the real estate secured by the mortgage. VA EVER BY HEIR OF R1( -I r To BE NA \IED AS A DEFENDANT IN FORECI,OSCRE ACTION 1. LISA SilURGAtA, Heir of GEORGE W DAVIS, JR, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code E20 Pa G.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by PHFI MORTGAGE CORPORATION, involving said property, which property was owned by the decedent at the time of his death, I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriffs sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make %ily claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: LISA SHURGALA, Heir of GEORGE W. DAVIS, JR, Deceased V FR BY HEIR OF RIGHT TO BE NA.:VIED AS A DEPENDANT iN 'ORELLOSLRE ACTION I. KERRIE DAVIS, Heir of oFoR GE w, DAVIS, IR, Deceased, hereby acknowlecEle that may have an ownership interest in the property located at 1978 FRY LOOP AVENUE, CARLISLE. PA 1701.3-4620. in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)l. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by PEII MORTGAGE CORPORATION, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure. action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: ..„. KERRIE DAVIS, Heir of GEORGE W. DAVIS, JR, Deceased WAIVEP, IIY ITEIR. OE RIGHT TO BE. NAMED AS A DEFENDANT IN FORECLOSURE ACTION I. JOHN DAVIS, Heir of GEORGE W. DAVIS, JR, Deceased, hereby acknowledge that 1 may have an ownership interest in the property located at 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S,A. Section 301(b)]. 1 do hereby waive my right to be named as a defendant: in a foreclosure action as provided by Pa.R.C.P. 1141 et sect, which may be instituted by PHIA MORTGAGE CORPORATION, involving said property, which property was owned by the decedent at the time of his death. T hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights 1 may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff.s sale of the mortgage premises, Date, .TOIIN DAVIS, Heir of GEORGE W. DAVIS, JR, Deceased Exhibit "F" PHELAN HALLINAN, LLP Kenya Bates, Esq., Id. No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 kenya.bates@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION ,,, —<1 2001 BISHOPS GATE BLVD"" MOUNT LAUREL, NJ 08054. •-• - r • 1,'kY Plaintiff v. CAI LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased 177 W PHEASANT DR KINGSTON, PA 18704-1467 KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 Defendants ATTORNEY FOR PLAIN 11FF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File 8. 809257 S E C T 0 N A S E C T I 0 N B Supreme Court of Pennsylvania Court pf Coniln'bn Pleas Civil Covet Sheet ("IIMBEKL'AND• County Thr it lron 1116' Joint sttppl mertt (ir reola(e the and sett' For Prothonotary Use Only: Docket No: SC'tl _1Y)tC�i' iclr c: Of nlc a trns',t ) v orposcs. This fo it- n! ht' 101t' Ut' rule Commencement of Action: N Complaint ❑ Writ of Summons i_! Petition ❑ Transfer Brom Another Jurisdiction t�� Declaration of Taking Lead Plaintiff's Name: PHH MORTGAGE CORPORATION Lead Defendant's Name: LISA SIC TRGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased Are money damages requested? ❑ Yes Z No Dollar Amount Requested: ❑ within arbitration limits (Check one) Z outside arbitration limits Is this a Class Action Suit? ❑ Yes L No Is this an M1)J Appeal? ❑ Yes 0 No Name of Plaintiff/Appellant's Attorney: Kenya Bales, Esq., Id. No.203664, Phelan Hallinan, LLP ❑ Check here if you have no attorney (sue a Self -Represented (Pro Sed 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 arc making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABILITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: Pa.R. C.P. 205.5 CONTRACT (do not include Judgments ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other 0 Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ® Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections El Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Iaw/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non -Domestic Relations Restraining Order ❑ Quo Warranto ❑ Replevin ❑ Other: Updated 01/01/20if Plaintiff(s) PHH MORTGAGE CORPORATION vs. LISA SH.URGALA KERRIE DAVIS JOHN DAVIS Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVANIA Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court -supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service 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 attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must lake the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPeiui Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can he prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. /P/204/ Respectfully submitted: Date Sight 're of Counsel for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hard,hip assistancevcur lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes No ( 1 Listing date: Price: $ Realtor Name: Borrower Occupied? Yes I I Nc Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Realtor Phone: Home: Cell: State: Zip: Office: Other: Ilow long? CO -BORROWER Mailing Address: City: Phone Numbers: State: Zip: I -Tome: Cell: Office: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date you Closed Your Loan: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy'? Yes r No if yes, provide names, locatioli of court, case number & attorney: Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Amount Owed: $ Automobile #1: Model: Amount owed: Value: $ $ $ Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 3. Year: Year: Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co -Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Med. (not covered) Auto Insurance Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Other Expenses Day/Child Care/Tuit. Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? YesI I No Li If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Fax: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes No If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes No If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION 1/We, , authorize the above named to use/refer this information to my lender/serviccr for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that 1/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co -Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) N01'10E Ycur have bye n sued ire Court. Il" you wish to defend against the claims set forth m 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 tiling 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 e t against yot by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File 809257 PHELAN HALLINAN, LLP Kenya Bates, Esq., Id. No.203664 1617 .111<, Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 kenya.hates(i-Ohelanhall an.coln 215-563-7000 ATTORNEY FOR PLAINTIFF PHFI MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS MOUNT LAUREL, NJ 08054 CIVIL DIVISION Plaintiff V. TERM LISA SHURGALA, in her capacity as Heir of GEORGE NO. W. DAVIS, JR, Deceased 177 W PHEASANT DR CUMBERLAND COUNTY KINGSTON, PA 18704-1467 KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 JOHN 'DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased I 978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File 4: 809257 1. PlaintitTis PHI4 MORTGAGE CORPORAI tON 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The 's) and last known address(es) of the Defendant(s) are: LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased 177 W PHEASANT DR KINGSTON, PA 18704-1467 KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 who is/are the real owner(s) of the property hereinafter described. 3. On 11/17/2004 GEORGE W. DAVIS, JR and FAY DAVIS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, AS NOMINEE FOR CENDANT MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1890, Page 0059. By Assignment of Mortgage recorded 02/27/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201306495.The mortgage and assignment(s), if any, are matters of public record and are incorporated File #: 809257 herein by reference in accordance with e rclie\es the Plaintiff from its obligations to attach documents ngs it those documents are of public. record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 08/15/2014: Principal Balance $1 17,769.47 Interest $8,433.21 07/01/2012 through 08/15/2014 Late Charges $94.38 Property Inspections $157.50 Property Preservation $830.00 Escrow Deficit $5,017.37 TOTAL $132,301.93 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in Pile Y: 809257 200S, and/gi- Notice of Default as required by the mortgage document, as al7plicaiile, have been sent to the Delcndant(s) on the dates) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency. or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. FAY DAVIS was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of FAY DAVIS's death on or about 02/05/2012, her ownership interest was automatically vested in the surviving tenant by the entirety. 10. Mortgagor GEORGE W. DAVIS, JR died on 09/15/2012, and upon information and belief, his surviving heirs are LISA SHURGALA, KERRIE DAVIS and JOHN DAVIS. 11. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 12. Plaintiff hereby releases GEORGE W. DAVIS, JR and FAY DAVIS, from liability for the debt secured by the mortgage. 13. Plaintiff does not hold the named Defendants, LISA SHURGALA, KERRIE DAVIS, and JOHN DAVIS, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). Ole #: S09257 «'HEREFORE, Plaintiff demands an in rein judgment against the Defendant(s) in the sum of $132,301.93, together with interest, costs, fees, and charges collectible under the mortgage including hut not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. By: File 8: 809257 PHELAN HALLINAN, LLP Kenya tes, Esq., Id. No.203664 Attorney for Plaintiff ALL those certain lo Middleton Townsl Schlosser Village, of and LEGAL DESCRIPTION with the improvements thereon erected, situate in North I Coon numbered according to Plan No. 4 of -h Plan is recorded in the Office o#the Recorder of Deeds in and for Cumberland County in Plan Book 7, 1'age 39, as modified by Plan No. 5 in Plan Book 9, Page 3, bounded and described as follows: BOUNDED on the North by other land now or formerly of George H. Schlusser, prior Grantor; on the East by Lot No 54; on the South by Wagner Street; and on the West by Fry Avenue, being all of Lots Nos. 52 and 53 as shown on said Plan of Lots. UNDER AND SUBJECT to certain building and other restrictions attached to and made a part of the within referred to Plan of Lots. BEING the same premises which Marlin C. Losch, Jr. and Doris F. Losch granted and conveyed to Marlin C. Losch, Jr., grantor herein, deed dated January 11, 1978 and recorded in Cumberland. County Deed Book P, Volume 27, Page 655. PROPERTY ADDRESS: 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620 PARCEL #29-16-1094-247, File 0! 809257 VERIFICATION William Bellows hereby states that he/she is Assistant Vice Presideq f pHI-I MORTGAGE CORPORATION, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: /0' /0' ,V /Z/ File#: 809257 Name: SHURGALA Pile #: 809257 Name: Title: William Bellows Assistant Vice President PHH MORTGAGE CORPORATION Exhibit "G" Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 ober 29, 2014 LISA SHURGALA 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 LISA SHL`RCALA 177 W PHEASANT DR KINGSTON, PA 18704-1467 KERRIE DAVIS 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 JOHN DAVIS 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED 1978 FRY LOOP AVENUE CARLISI._I, PA 17013-4620 RE: PHH MORTGAGE CORPORATION vs. LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased ET AL. Civil Docket No. 14 -6214 -CIVIL Dear Defendant: Enclosed please find a copy of my proposed Motion for Special Service of the Complaint and all future pleadings and Order, in accordance with CUMBERLAND County Local Rule 208.3(9) I am seeking your// Concurrence with the requested relief. Please respond to me within one week, by Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Sir Adam H. Davis, Esq., Id. No.203034 PII # 809257/M1R Name and Address Of Sender Line 2 asi+ Article Number 3 4 S %WA Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Canter Plaza Philadelphia. PA 19103 NRIMBSD Name of Addressee, Street, and Post Office Address Lisa Shurgala, in Her Capacity as 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 Lisa Shurgala, in Her Capacity as 177 W PHEASANT DR KINGSTON, PA 18704-1467 latit*.t**WIIIWWWit „- Heir of George W. Davis, Jr, Deceased Heir of George W. Davis, Jr, Deceased Kerrie Davis, in Her Capacity as Heir of George W. Davis, Jr, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 170134620 John Davis, in His Capacity as Heir of George 1978 FRY LOOP AVENUE CARLISLE, PA 170134620 . Davis, Jr, Deceased S0.47 Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, $0.-17 Title or Interest From or Under George W. Davis, Jr, Deceased 1978 FRY 1,00P AVENUE CARLISLE, PA 17013-4620 RE: LISA SHURGALA (CUMBERLAND) TEAM 4 PH # 809257/1021 Page 1 of 1 52.35 Tottit Number -of Pieces Listed by Sender Total limber ol Pieces Received di Post 01fice Posrmitstet, Pei !Noose 01 1 he toll dettatillion 01ydlutt is tequot it tot ,.11 dotittt o ttoottit. iiirg otidernmi reitiothle lot the tectordoisrott to 1.1d, dg,30,1,1 %I. reconstimitml 2flOt0flKit 01; itiderimity giiisible ids Espies, lti,o1 too, bto,tirtit ts vstio the tot, ,',11.1,1 ittt registered :1011, ,e111 with opuorul 01 ccootrace Form 3877 Facsimile PIT # 809257/M1R Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY /' ��.L.Eo'01:FU- -i.-IF PR0TA»N0l. `ir 7O | b NOV / 7 PH � / O � _ , "CUMBERLAND COUNTYPENNSYLVANIA oFF1C,E OF TKE SHERIFF PHH Mortgage Corporation vs. Lisa Shurgala (et al.) Case Number 2014-6214 SHERIFF'S RETURN OF SERVICE 1023/2014 Sheriff Ronny R Anderson, being duly sworn according to Iaw, states he made diligent search and inquiry for the within named Defendant to witLisa Shurgo|a, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Luzerne, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 10/24/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lisa Shurgala, 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 1978 Fry Loop Avenue, North NYidd|eton, Codio|e, PA 17013. Residence is vacant. 10/24/2014 04:02 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kerrie Davis, 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 1978 Fry Loop Avenue, North Middleton, Carlisle, PA 17013. Residence is vacant. 10/24/2014 04:02 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: John Davis, 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 1978 Fry Loop Avenue, North Middteton, Carlisle, PA 17013. Residence is vacant. 10/27/2014 The requested Notice of Residential MortgaForeclosure Diversion Program and Complaint in Mortgage Foreclosure returned by the Sheriff of Luzerne County, the within named Defendant Lisa Shurgala, not found. Brian Szumski, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $10078 SO ANSWERS, November 05, 2014 RONNYRANDERSON, SHERIFF TDD (570) 825-1860 FAX: (570) 825-1849 Luzerne County Sheriffs Department Luzerne County Courthouse STATE OF PENNSYLVANIA COUNTY OF LUZERNE: SS. 200 North River Street Wilkes-Barre, Pennsylvania 18711 (570) 825-1651 CUMBERLAND COUNTY 14-6214 PHH MORTGAGE CORP. VS LISA SHURGALA, ET AL GINO GURNARI Deputy Sheriff of Luzerne County, being duly sworn according to law, deposes and says that after having made diligent search and inquiry for the within named, LISA SHURGALA he was unable to find the within named in the said County of Luzerne. Reason: SEE ATTACHED SHEET. Attempts. Sworn to and subscribed before me this day of 20 Notary So answers, Sheriff of Luzerne Cou by Deputy S eriff of Luzerne County • J., LiZa__= • Ptira' C -f -PD -YEN -r SrkEPT. 1_,u2_NTc COUNTY COLTTRIO'D:cEt • 200 N kfmr:ttrp Waa-Bmi,/ei;uarylv 18711 , • (570)825-1 651 NO SERVICE DbLNDA}T(S) sma LA DEFENDANT(S) NOT FOUND BECAUSE : 117 W, Athxis-Awr p ( Ner .0-t-Afr Ai -TEMPTS MADE: 1. DATE: io-a7-/y TIME: 'so7 ADDRESS: i' t<4. the45-4,1,7- P€ NA.< ran,„ )gyoy 2. DATE: ADDRESS: 3. DATE: ADDRESS: REVARKS: TIME: TIME: • ' ' " I r5 C-1 iK), riff, Lazar/ie. Cotif Cr THE PROTHONOTAF,!-I? ZiJiliNOVi 8 AM II: 40 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -6214 -CIVIL LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased CUMBERLAND COUNTY ET AL. vs. AND NOW, this ORDER I if day of A/4 re.""te , 2014, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by First Class mail at the mortgaged premises located at 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620, and by posting of the mortgaged premises at 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. PH # 809257/M1R It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. CLx)ry Mu-tik_ 114 -Li A 76.aues //papij PH # 809257/M1R PHELAN HALLINAN, LLP PETER WAPNER, Esq., Id. No.318263 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 peter.wapner@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY LISA SHURGALA, in her capacity as Heir of : No. 14-6214; CIVIL GEORGE W. DAVIS, JR, Deceased KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. /csb, Svc liep t. File# 809257 Date: i c 2A -A ( PHELAN HALLINAN, LLP By: ' Wr PETER W PNER, Esq., Id. No.318263 Attorney for Plaintiff cu 4-€ 11.7 Pcia ati 04(4/v75-75 31 3 918 4 Phelan Hallinan, LLP PETER WAPNER, Esq., Id. No.318263 peter.wapner@phelanhallinan.com 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. ATTORNEYS FOR PLAINTIFF LISA SHURGALA, in her capacity as Heir of GEORGE . W. DAVIS, JR, Deceased KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 14 -6214 -CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail, to the following persons, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED at 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620 on December 2, 2014, in accordance with the Order of Court dated November 18, 2014. The PH # 809257 undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: By: Phelan Hallinan, LLP PETER WAPNER, Esq., l:d. No.318263 Attorney for Plaintiff Phelan Hallinan, LLP Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED Defendants Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 14 -6214 -CIVIL MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint and the notice of Sheriff's Sale upon the above -captioned Defendants, LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased, KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased and JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased, by first class mail to LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased, KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased, and JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased at the mortgaged premises, 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620; posting of the mortgaged premises, 1978 5. Plaintiff contacted the Prothontary's Office and as of November 26, 2014, no Judge has previously entered a ruling in this case 6. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on December 1, 2014 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs December 1, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit "D". 7. Plaintiff has reviewed its internal records and has not been contacted by the Defendants to bring loan current. 8. Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint and notice of Sheriff's Sale by first class mail; posting; and by publication. Date: Respectfully submitted, PHELAN HALLINAN, LLP 12-101 61 By: PhOn Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PH # 809257 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased No. 14 -6214 -CIVIL KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT I. FACTUAL BACKGROUND Attempts to serve Defendants, LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased, KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased and JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendants at the mortgaged premises, 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620. The Sheriff of LUZERNE County attempted to serve the Defendant, LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased, at 177 W PH # 809257 • PHEASANT DR, KINGSTON, PA 18704-1467. As indicated by the Return of Service, no service was made. Pursuant to Pa.R.C.P. 430, Plaintiffhas made a good faith effort to discover the whereabouts of the Defendants as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendants' whereabouts and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendants to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See PH # 809257 Therefore, Plaintiff respectfully requests that the Court allow for service of the Notice of Sale upon Defendant in accordance with Pa. R. C. P. Rule 430 by first class mail and posting. III. CONCLUSION As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint upon the Defendants. Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint and Notice of Sheriff's Sale by first class mail, posting, and publication. Respectfully submitted, PHELAN HALLINAN, LLP Date: 11 11 i j iy By: Jonatn Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH # 809257 id. • In the instant case, as indicated by the Return of Service, the Shefiff has been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Additionally, pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa. R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the hand bills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of the original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if the service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. PH # 809257 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED Defendants Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 14 -6214 -CIVIL CERTIFICATION OF SERVICE The undersigned Attorney hereby certifies that copies of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 PH # 809257 UNKNOWN -HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: f2)Uj(( Respectfully submitted, PHELAN HALLINAN, LLP By: Jona an Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH # 809257 Exhibit "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson . ?Li.0-.GFFI(;1 • Sheriff(if' f HHE-P RO T �p��`ti„r, of t,rrh froz., b . 1� U id ti l i , %t • 0, Z014 140V 17 Pfd 3 00 Richard W Stewart '” CUMBERLAND COUNTY Solicitor o=Flee OF ME SKEW F PENNSYLVANIA Jody S Smith Chief Deputy PHH Mortgage Corporation vs. Lisa Shurgala (et al.) Case Number 2014-6214 SHERIFF'S RETURN OF SERVICE 10/23/2014 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 Shurgala, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Luzerne, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 10/24/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lisa Shurgala, 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 1978 Fry Loop Avenue, North Middleton, Carlisle, PA 17013. Residence is vacant. 10/24/2014 04:02 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kerrie Davis, 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 1978 Fry Loop Avenue, North Middleton, Carlisle, PA 17013. Residence is vacant. 10/24/2014 04:02 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: John Davis, 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 1978 Fry Loop Avenue, North Middleton, Carlisle, PA 17013. Residence is vacant. 10/27/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure returned by the Sheriff of Luzerne County, the within named Defendant Lisa Shurgala, not found. Brian Szumski, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $100.78 SO ANSWERS, November 05, 2014 (e) CnunlySuilo Shcrtll, Teleocon. Inc. R ANDERSON, SHERIFF Exhibit "B" TDD (570) 825-1860 Luzerne County Sheriffs Department Luzerne County Courthouse STATE OF PENNSYLVANIA COUNTY OF LUZERNE: SS. 200 North River Street Wilkes-Barre, Pennsylvania 18711 (570) 825-1651 FAX: (570) 825-1849 CUMBERLAND COUNTY 14-6214 PFIH MORTGAGE CORP. VS LISA SHURGALA, ET AL GINO GURNARI Deputy Sheriff of Luzerne County, being duly sworn according to law, deposes and says that after having made diligent search and inquiry for the within named, LISA SHURGALA he was unable to find the within named in the said County of Luzerne. Reason: SEE ATTACHED SHEET. Attempts. Sworn to and subscribed before me this day of 20 Notary So answers, Sheriff of Luzerne Cou by Deputy S eriff of Luzerne County 1R50 PLNIC ColLTRTV Lu=_f..?,NTs, COUNTY COURF7-10UcE • 200 Ncel . Wkes-Em-re,' ,PezinsyivFn lt731 • - (570)S25-,1651 • NO SERVICE DN-DANT(S) L..1 -s,) Skack*ItA D.b.ANT(S) .NOT FOUND BECAUSE : /j w, 4.,641-4A,r poAr Nor R.4 -..r A7TEMP.73MADE: 1. DATE: /.9-.77-1V TIME: 1167 ADDRESS: 1/7 w. Megs-myr Pt ici.4•Arran., en! 1e7GY 2. DATE: ADDRESS: 3. DATE: ADDRESS: REYL,ARKS: TIME: TDvIE: •••••••1•1... /Rh riff, .Luzarne Co Exhibit "C" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 809257 Attorney Firm: Phelan Hallinan, -LLP Subject: Lisa Shurgala, Kerrie Davis- & John Davis Property Address: 1978 Fry Loop Avenue, Carlisle, P.A 17013 Possible Mailing Address: (l..isa Shurgala) 177 West Pheasant Drive, Kingston, P.A 18704 I. CR.EDI.".l' INFORMA`T'ION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Lisa Shurgala- xxx-xx-7826 Kerrie Davis - not available John Davis - not available B. EMPLOYMENT SEARCH Lisa Shurgala, Kerrie Davis & John Davis - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Lisa Shurgala reside(s) at: 177 West Pheasant Drive, Kingston, PA 18704 , Kerrie Davis & John Davis reside(s) at: 1978 Fry Loop Avenue, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Lisa Shurgala, Kerrie Davis & John Davis. B. On 11-24-14 our office searched directory assistance databases, which had no phone number for Lisa Shurgala, Kerrie Davis & John Davis. III. INQUIRY OF NEIGHBORS On 11-24-14 our office made a phone call in an attempt to contact Ora J. Perry (717) 249-2640, 1907 Fry Loop Avenue, Carlisle, PA 17013: spoke with an unidentified female who could not confirm that the subjects reside(s) at 1978 Fry Loop Avenue, Carlisle, PA 17013. On 11-24-14 our office made several phone calls in an attempt to contact Sue A. Snyder (717) 243-8396,1909 Fry Loop Avenue, Carlisle, PA 17013: no answer. On 11-24-14 our office made several phone calls in an attempt to contact Charmaine Werner (717) 243-6183,1.974 Fry Loop Avenue, Carlisle, PA 17013: answering machine. On 11-24-14 our office made several phone calls in an attempt to contact Helen A. Edwards (570) 288-5157,175 West Pheasant Drive, Kingston, PA 18704: no answer. Using our white pages database our office was unable to locate any additional neighbors for 177 West Pheasant Drive, Kingston, PA 18704. Phelan Hallinan, LLP 1617 .IFK Boulevard. Suite I400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 F.,\X#: 215-568-7616 Nocleen R. t,rmam Ext. 1469 Representing Lenders in Service Department Pennsylvania December I. 2014 LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased, KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased and JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased 177 W PHEASANT DR KINGSTON, PA 18704-1467 KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 JOHN DAVIS. in his capacity as Heir of GEORGE W. DAVIS, .IR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 RE: PHH MORTGAGE CORPORATION v. LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased, KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased, JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED Premises Address: 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620 CUMBERLAND County, No. 14 -6214 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), am seeking concurrence with the requested relief that is, service of the complaint by first class mail and PH # 809257 posting of the mortgaged premises. Please respond to me within one week., by Should you have any further questions or concerns, please do not hesitate to contact me, Otherwise, please be guided accordingly. Very tally yo LI rs, Jona. 1r1 Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH # 809257 1 'I Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza NRI/ 6scc Line Article Number Name of Addressee, Street, and Post Office Address Poctatx **** TENANT/OCCUPANT 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 Lisa Shurgala, in Her Capacity as Heir of George W. Davis, .Ir, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 50.47 50.47 2 **** 3 **** Kerrie Davis, in Her Capacity as Heir of George W. Davis, Jr, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 $11.47 4 **** John Davis, in His Capacity as Heir of George W. Davis, Jr, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 (►-47 RF.: LISA SHURGALA (CUMBERLAND) TEANI 4 PH # 809257/1021 Page 1 of 1 Tolnl Number of Piece, Listed Ay Sender Totul Number of Pieces Received at P(nl Office Po<Imasler. Per (Num, of Recei%in; Emplo)ee) Tht Iull (Iceland ion of value ., rrgmred on Al t-,nat,' :l 1:1:1,1:...1 n.,ni fl.. ns ,un for Ile• rcconsimlinn nt n„nncpttehic J..,amerr „all:, h'p,,•.. \I.nl .I.,;lu.n-ul ,,,,i.,,.,,,,, �, �•u�, m's pas . n b,pr . `,,i,n ' 11u �al.,m,Em piece whiccl In :+ limil of C5no,n Ml pc. a'.. «um: The ,,,,lmum m,lemndy p. yahlc is C2C,IMY1 hu .,,,.talo, mall .. ut ., Ill, np1m1v' .n•w.i.n,. ,, 11. R99115413 :Ind 5921 for llrnit:twns alt c.•vcr.i,c Form 3877 Facsimile PH # 809257 INTHE COURT, OF COMMON -PLEAS. CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION P1 ai nti ff vs. LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 14 -6214 -CIVIL ORDER AND NOW, this /1% day of P.4.4./Ar , 2014, upon consideration of Plaintiff's motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendants, LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased, KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased and JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased, by: Posting of the premises: 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620 by the Sheriff or a non-party competent adult; and 2. First class mail to LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased, KERRIE DAVIS, in her capacity as Heir of PH # 809257/NRU GEORGE W. DAVIS, JR; Deceased; and JOHN •DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased at the mortgaged premises located at 1978 FRY LOOP AVENUE, CARLISLE; PA 17013-4620. Service by mail is complete upon the date of mailing.. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY E COURT J. *Prior to fulfilling the requirements of service of Notice of Sale as set forth this Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the ent this attempted service is not successful, Plaintiff may proceed with service of the Notice of Sale in confor city with this Order. Cc:LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620 IY it R44/ J. Loao ialit•py PH # 809257/NRU l -v Phelan Hallinan, LLP PETER WAPNER, Esq., Id. No.3182663` 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. ..ATTORNEYS FOR PLAINTIFF L._ .L COURT OF COMMON PLEAS LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased CIVIL DIVISION KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased CUMBERLAND COUNTY JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased No. 14 -6214 -CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED Defendant(s) AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made know to the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED in accordance with the Court Order dated November 18, 2014 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in Cumberland Law Journal on December 12, 2014 and The Sentinel on December 5, 2014. Proofs of the said publications are attached hereto. PH # 809257 CSB The undersigned understands thathis statement is made subject to the penalties of\8Pa. C�. Section 4904 rela g to unsworn falsification to authorities. DATE: December 17. 2014 PH # 809257 CSB Phelan Ha]]inan, LLP Phelan tan, LLP PETER \uA}NER.Exo..Id. No,3]8203 Attorney for Plaintiff l6l7JFK Boulevard, Suite ]40O One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 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 December 5, 2014. COPY OF NOTICE OF PUBLICATION PROCATING SAW, barely ed $50 Call 717-2.49-7384. !SURE UMBENT EXERCISE MACHINE . 4TY, PENNSYLVANIA tt0FORM, woks great. $80: Call 6-4488: • TILE TANK, 20 gall Like new. 5 llonths old. Great xmas gift: $25. all 697-7887 E,floor model with combination, yy"hx16"w' $50. Call 512-9033... IOMON SKI BOOTS, ladies size 5, Like riewl $35. Call 7-249-1500. STA STATUES; Tote full. $60 . kes all. Call 609-5376 BOOTS, size 8, black, good pe. $60.Call '717-805-0614: EEPER SOFA, J.B. Van Sciver o. Yellow/Brown, floral•print i4"Lx34"W. $45. 486-3227 bW TIRES, (4) Mounted. Michelin -Ice: 225/60/16;.fits 4 cyl Sub"up 2014.6/32 tread. $100.776=5265 IFA 8: LOVESEAT, sofa 96";' • veseat operas to a double, bed. 1150/for both.,Call 486-5848'` • EEL TOE BOOTS, Craftsman size 12. New. $30. Call 776-1147, OVE, Electric, Hot Point. 30" with 4 urners, self cleaning, almond in blor. $90. Call 385-4465 ;LKING BARNEY_that talks, cattery operated, $20. Call 249-3906. fOL BOX;Aluminum,for mid-sized, truck; 5' long,. great'condition. $95. Call 249-6922 STAND, smoked' glass, holds up to 65" TV, 3 shelves, $100/firm.. Call 717-776-7926, • IS CAR TAPE REWINDER, with real headlights, -original box. $19, Call 717-379-8010. DEO ROCKER CHAIRS, Matching pair, tan, great seats for game playing or TV. $30. 243-8343 WHEELCHAIR, great shape, $50. Call 717-802-5057. DN PLEAS UNTY OR ASSOCIATIONS CLAIMING CEASED PORATION, filed a Mortgage rt of Common Pleas,of Plaintiff seeks to foreclose on the ISLE, PA 17013-4620 whereupon 20 days from the date of this nd file your defenses or objections •eed without you and a judgment laintiff. You may lose money or YT HAVE A LAWYER, GO TO OR 1 - YOU WITH,INFORMATION PROVIDE YOU WITH ELIGIBLE PERSONS AT A { 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 atrue. Sworn to and subscribed before me this 5 (Ia\) beast P264Tuit 4 JNotar Public My commission expires: XUMMONWEALJ 1I ON PENNSYLVANIA "Notarial Seal Bethany M. Holby, Notary Public Carlisle Bon), Cumberland County My Commission Expires Sept. 26, 2015 MEMBER. oFNN V• a4cnrrnT!ON OF NOTARIEG Sff1257 g©9 zs7 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND • ss. 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 12, 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. Lisa Marie Coy e, Editor SWORN TO AND SUBSCRIBED before me this 12 day of December, 2014 COMMONWEALTH OF PENNS11LVANM NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.. CUMBERLAND CNTY My Commission Expires Apr 28. 2018 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action—Law No. 14 -6214 -CIVIL PHH MORTGAGE CORPORATION, Plaintiff . vs. LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR., Deceased, KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR., Deceased, JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR., Deceased, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR., DECEASED, Defendants NOTICE To: UNKNOWN HEIRS, SUCCES- SORS, ASSIGNS AND ALL PER- SONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR., DE- CEASED You are hereby notified that on October 23, 2014, Plaintiff, PHH MORTGAGE CORPORATION, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Com- mon Pleas of CUMBERLAND Coun- ty, Pennsylvania, docketed to No. 14 -6214 -CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 1978 FRY LOOP AVENUE, CAR- LISLE, PA 17013-4620 whereupon 9 your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Courthouse 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Dec. 12 geP'2S7 PHELAN HALLINAN, LLP Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased JOHN DAVIS, in his capacity as Heir of : GEORGE W. DAVIS, JR, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED 2:111 DEC 31 t7:1; IQ: 22 AU a itICidliAtiNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 14 -6214 -CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: /csb, Svc Dept. File# 809257 PHELAN HALLINAN, LLP Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff atAA. T_-*31soL2to AFFIDAVIT OF SERVICE BY POSTING PHH MORTGAGE CORPORATION = Court of Common Pleas Plaintiff Civil Division V. = CUMBERLAND County LISA SHURGALA, in her capacity as Heir of = GEORGE W. DAVIS,JR,Deceased No. 14-6214-CIVIL KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS,JR,Deceased JOHN DAVIS,in his capacity.as Heir of GEORGE W. DAVIS,JR,Deceased UNKNOWN HEIRS,SUCCESSORS, ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS,JR,DECEASED Defendant 1 Service Instructions:PLEASE POST BY 12/2512014 Serve'UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W.DAVIS, JR,DECEASED at 1978 FRY LOOP AVENUE,CARLISLE,PA 17013-4620 by posting the property in accordance with the court j Order. Served Posted and made known to UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATION§CLAIMING RLGH!T, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED, Defendant on the ___..........._(_(" _ -day of UknC6M6 f-. 2014 at I I.0 o• o'clock, -A.M.,at 1978.FRY LOOP AVENUE,CARLISLE,PA 170134620,in the manner described below: Property Posted Other: The Property was not posted because 1 K<mild Moll a competent adult,being duly sworn according to law,depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: C PRINTED NAME: Ronald Moll TITLE: process Server PH#809257 U-0 • Phelan Hallinan, LLP PETER WAPNER, Esq., Id. No.318263 peter:wapner@phelanhallinan.com • 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. LISA SHURGALA, in her capacity W. DAVIS, JR, Deceased KERRIE DAVIS, in her capacity as W. DAVIS, JR, Deceased ATTORNEYS FOR PLAINTIFF as Heir of GEORGE : Heir of GEORGE JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS, JR, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GEORGE W. DAVIS, JR, DECEASED Defendant(s)' COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 14 -6214 -CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil .Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following persons, LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased, KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased, and JOHN DAVIS, in his capacity as Heir of GEORGE. W. DAVIS, JR, Deceased at 1978 FRY LOOP AVENUE, CARLISLE, PA 17013-4620 on January 6, 2015, in accordance with PH # 809257 . the Order of. Court dated.December 16, 2014. The undersigned understands that this statement is made subject to .the penalties of 18 Pa. C.S. §4904 relating to. unsworn falsification to authorities. Phelan Hallinan, LLP DATE: Zl7 By: i-4/1 PE -R WAPNER, Esq., Id. No.318263 Attorney for Plaintiff Phelan Hallinan, LLP PH # 809257 Code 1015 JOHN DAVIS, in his capacity as Heir of GEORGE W. DAVIS; .JR. Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 PH # 809257 Code 1015 KERRIE DAVIS, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620 PH # 809257 Code 1015 LISA SHURGALA, in her capacity as Heir of GEORGE W. DAVIS, JR, Deceased 1978 FRY LOOP AVENUE CARLISLE, PA 17013-4620