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HomeMy WebLinkAbout05-5281 PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff JP MORGAN CHASE AS TRUSTEE Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CNIL DIVISION BRANDON D. MITCHEM NO. 05-5281 CIVIL TERM Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, BRANDON D. MITCHEM , by certified mail and regular mail to 218 WEST SIMPSON STREET, MECHANICSBURG, PA 17055, and in support thereof avers the following: I. A Sheriffs Sale ofthe mortgaged property involved herein has been scheduled for MARCH 8, 2006. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 218 WEST SIMPSON STREET, MECHANlCSBURG, P A 17055 . PHELAN HALLINAN & SCHMIEG, LLP By: PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff JP MORGAN CHASE AS TRUSTEE Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION BRANDON D. MITCHEM NO. 05-5281 CIVIL TERM Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist ofthe handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, BRANDON D. MITCHEM , are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P.430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (I) 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 ofthe defendant and (3) examinations oflocal telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit ofRetum of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 218 WEST SIMPSON STREET, MECHANlCSBURG, PA 17055 . Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP 7 By: I , ESQUIRE VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: December 15. 2005 PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff JP MORGAN CHASE AS TRUSTEE Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION BRANDON D. MITCHEM NO. 05-5281 CIVIL TERM Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy ofthe foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 .12' \ Date: December 15. 2005 "-. . . AFFIDAVIT OF SERVICE PLAINTIFF JP MORGAN CHASE AS TRUSTEE CUMBERLAND COUNTY PMB No. 05-5281 CIVIL TERM DEFENDANT(S) BRANDON D. MITCHEM ACCT. #0055697304 SERVE BRANDON D. MITCHEM AT 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 SERVED , Defendant, on the _ day of ,200_, Served and made known to ,o'clock _.m., at , Commonwealth at of Pennsylvania, in the manner described below: Defendant persooally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height _ Weight _ Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of , 200_. Notary; By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the \ l day of C>'tC2MBdL ,200~, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: 12/ '-{ /0<; Time: I ( (.:7 4-",- 2nd Attempt: ;2. / '( / 0-> Time:? :?<9f..... 3rd Attempt: / / p~'L Time: 'Jfc""'" l .....'" 1T .........t.- f2~ cr IlI-lC {"Jio,"" f)fl AN!),'..... ( [2''i.--'T ,,,,,,,,,-'~ '1 . It-z c"'.... <.) ~fb By: ~/~ Alto for Plaintiff Daniel G. Schm/'f$al)sAlllil1~" I.D. No. 62205 Stale of New Jersey PATRICIA E HARRIS Commission Expires June 16, 2008 Z, r,r...","':l,\T "A- 27 " ~._" MKV, INC. AFFIDA VlT OF GOOD FAITH INVESTIGATION File Number: PHS Number: Attorney Firm: Subject: 922051 123738 PHELAN HALLINAN & SCHMIEG, LLP Brandon D. Mitchem Current Address: 218 West Simpson Street, Mechanicsburg, P A 17055 Properly Address: 218 West Simpson Street, Mechanicsburg, PA 17055 Mailing Address: 218 West Simpson Street, Mechanicsburg, P A 17055 I, Mary Scrocca, being duly sworn according to law, do herehy depose and state as follows, I have conducted an investigation into the whereabouts of the ahove-noted individual(.) and have discovered the following: 1. CREDIT INFORMATION A SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct. Brandon D. Mitchem. 176-60-4471 B. EMPLOYMENT SEARCH Brandon D. Mitchem- A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Brandon D. Mitchem reside(s) at: 218 West Simpson Street, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A DIRECTORY ASSISTANCE SEARCH On 9/25/05 our office contacted directory assistance which indicated that Brandon D. Mitchem reside(s) at: 218 West Simpson Street, Mechanicsburg, PA 17055. Our office made a telephone call to the mortgagor's phone nwnber and received the following information: (717) 791-1006. Our office contacted (717) 791-1006 on 9/27/05: Brandon D. Mitchem answered and confIrmed that he reside(.) at: 218 West Simpson Street, Mechanicsburg, PA 17055. III. INQUIRY OF NEIGHBORS On 9/27i05 our office contacted M. Steckline (male) 226 West Simpson Street, (717) 691-5475: he could not confirm nor deny that Brandon D. Mitchem reside( s) at: 218 West Simpson Street, Mechanicsburg. P A 17055. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 9/25/05 we reviewed the National Address database and found the following information, Brandon D. Mitchem, 218 West Simpson Street, Mechanicsburg, P A 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: No addresses onme. V. DRIVER LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Brandon D. Mitchem. VI. OTHER INQUIRIES A. DEATH RECORDS As of9/25/05 Vital Records and all public databases have no death record on me for Brandon D. Mitchem. B. COUNTY VOTER REGISTRATION The Cwnberland County Voter Registration was unable to confirm a registration for Brandon D. Mitchem residing at: last registered address. .....f -u" \;;..;~rllW' u , . C. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) Our office conducted a search for puhlic licenses and found the following: No records on file. VII. ADDmONAL INFORMATION ON SUBJECT A. DATE OF BIRTH Brandon D. Mitchem - 9/1963 B. A.K.A. None . All accessible public databases have been ch..,ked and cross-referenced for the above- named Individual(s). 'Please be advised all database Information Indicates the subjed resides at the current address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. e.s. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~5Y--- AFFIANT MllI)' Scrocca MKV, INC. President COMMONV\'EAL i1.12f?t:~..N(,;Yl V>~NIA NOTM;:AL S!'.:AL RYAN P GALV,:'J, iiejl:Jry Public City of Phl!a~c:o:J.3, Pi'<iia. County My Commlssio~".~~~::: i~~,;(,'11ber 21, ~008 ~,,~"-------- Sworn to and subscribed before me this ~ day of ~?~ NOT Y PUBLIC D c...l?J b.e ~ 2005 The above infonnation is obtained from available public records; ~~....oJoOI"J. ,,7~(-i 9 "."1 .; '-_1 -:1 " "-- -<;. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id, No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 JPMORGAN CHASE AS TRUSTEE 11200 WEST PARKLAND AVE, MILWAUKEE, WI 53224 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM v. NO. DS -SJ.?/ C;~t(T'ULHl CUMBERLAND COUNTY BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, P A 17055 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 Filc#: 123738 File #: 123738 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. .... 1. Plaintiff is JPMORGAN CHASE AS TRUSTEE 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/19/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE WASHINGTON SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1762, Page: 2259. By Assignment of Mortgage recorded 10/03/2002 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Mortgage Book No. 690, Page 3375, PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 05/01/2005 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. File#: 123738 6, The following amounts are due on the mortgage: Principal Balance Interest 04/01/2005 through 10/05/2005 (Per Diem $12,70) Attorney's Fees Cumulative Late Charges 06/19/2002 to 10/05/2005 Cost of Suit and Title Search Subtotal $66,226.95 2,387.60 1,250.00 109.20 $ 550.00 $ 70,523,75 Escrow Credit Deficit Subtotal 0.00 779.92 $ 779.92 TOTAL $ 71,303.67 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 71,303,67, together with interest from 10/05/2005 at the rate of$12.70 per diem to the date ofJudgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, PHELAN HALLINAN & SCHMIEG, LLP ?-.--<r)~ By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 123738 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated March 26, 1981, as follows, to wit: BEGINNING at a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a distance of 40.60 feet from an existing drill hole at the northwest comer of West Simpson Street and Cedar Alley; thence continuing along said northern line of West Simpson Street, South 79 degrees 31 minutes 35 seconds West, a distance of20 feet to a point; thence North 10 degrees 28 minutes 25 seconds West along the eastern line ofland now or formerly of Katherine M, Nailor and being along and through a partition wall and beyond, a distance of 89 feet to a point on the southern line of Ruppert Alley; thence North 29 degrees 31 minutes 35 seconds East along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence South 11 degrees 07 minutes 02 seconds East along the western line land now or formerly of Richard C. Dietz, et ux, a distance of 89.0 I feet to a point on the northern line of West Simpson Street, the point and Place of BEGINNING, HAVING HEREON ERECTED a two and one-half story frame dwelling known and numbered as 218 W. Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Sandra L. Ressler, his wife by their Deed dated February 27, 1997 and recorded May 10, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 154, Page 241, granted and conveyed unto Diana. L. Olson, Grantor herein. PROPERTY BEING: 218 WEST SIMPSON STREET File#: ]23738 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsifications to authorities. ~~'7Ji~ Francis S. Hallinan, Esquire - . Attorney for Plaintiff DATE:~ ~ - , ....c tf"l ..c: ~ ~ U( ~ ..t: en. t.I( C) t;~ VJ~ ~ ~ ~ r-.> c..-:> c;.:':''> c.,.r1 C? C) --' I -.l o --n ..-\ :1: -n rne _nlTI .~'=? I_-:-,.:J'::), ;'~'~.;~1 .::~ ~ r;-- C: c::') (,.) .----- SHERIFF'S RETURN - REGULAR CASE NO: 2005-05281 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE VS MITCHEM BRANDON D WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MITCHEM BRANDON D the DEFENDANT I at 1701:00 HOURS, on the lOth day of October I 2005 at 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 by handing to JENNIFER MITCHEM, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.60 .00 10.00 .00 37.60 So Answers: rM~.~ R. Thomas Kline me this day of 10/11/2005 PHELAN HALLINAN SCHMIEG By: /' /. // ~~/.-k ~ P Deputy Sheriff Sworn and Subscribed to before A.D. . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney !or Plainti!f ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE AS TRUSTEE 11200 WEST P ARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-5281 CIVIL TERM BRANDON D. MITCHEM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor ofthe Plaintiff and against BRANDON D. MITCHEM and, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 10/6/05 to 11/29/05 TOTAL $71,303.67 $698.50 $72,002.17 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. x~~ -1! --J it DANIEL G. SCHMIEG, Ea Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~. DATE;-O~c... .J. ~OOS {lir I PRO ROT~- Ii " PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF JP MORGAN CHASE AS TRUSTEE 11200 WEST P ARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-5281 CIVIL TERM BRANDON D. MITCHEM Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant BRANDON D. MITCHEM is over 18 years of age and resides at , 218 WEST SIMPSON STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. . /Jj --xi ~ DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW JP MORGAN CHASE AS TRUSTEE 11200 WEST PARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-5281 CIVIL TERM BRANDON D. MITCHEM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Ds::- c. .;L 200...5. By {J~~ If you have any questions concerning this matter, please contact: c c~ J/~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 I) 1)) 'I1i,-7000 ATTORNEY FOR PLAINTIFF FILE COpy JPMORGAN CHASE AS TRUSTEE Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY BRANDON D. MITCHEM Defendants : NO. 05-5281 CIVIL TERM TO: BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: NOVFMRFR 2 2005 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A nmGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 '~~r uC> 9,~\Gc~' FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ,i(i ...~k Cj::J(J~ D ^ ...{) f-. #- Ft . - () ~"' C> '\ ~ i: rtJ :3 ~ " I I'! - ).) 1;:> r--=- ]v+- 1- (~ (--'\ C r-'>i --, t"" rr 1'1 I ["'.J :-:1 .,' --- = , "\I (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JP MORGAN CHASE AS TRUSTEE Plaintiff, v. No. 05-5281 CIVIL TERM BRANDON D. MITCHEM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $72,002.17 Interest from 11/29/05 to MARCH 8, 2006 (per diem -$11.84) $1,172.16 and Costs TOTAL $73,174.33 .Jj;;~IJj J~ DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ...~ o~ ~> ""..l ..l>' ~rn zZ OZ ~rs: ~~ 0.... UZ ...;l 00 ...U ~Q ;l~ 8; """" :=~ ...~ Z;l -u "" "" ... rn ~ ... rn < "" rn < := u ~ ~ ~ ~ ... ~ ,. ~ "" := u ... - ~ ~ Z o Q ~ ~ Z o - ... ;l U ~~ "" ~ ... 0 O"E ... ... i:i:ri: ~~ ~ ~ ot: ... 0 ""6 ~ - U ~ ~ ~ ..~~ 1 .~ '" . 11: -~:<"'\ .... )<8 ;>-, -'.',- Q) ~a " 0 e ~ \-,';;. ...:: .}~l ] ~ C:) .. -._- ~. ~ - ~ , ..... , {'\J ~ I Cfr-a ~ ' . ..j ;'-; cj r:.: '.-J t , , .. , -./. , ~ , ~0 , \) () I () Q 0J () 0 ~ 0 8 " --.: () ~ 0J G . "tl,. "6,- . ~ ~ C-- ~ 0... 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DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated March 26, 1981, as follows, to wit: BEGINNING at a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a distance of 40.60 feet from an existing drill hole at the northwest comer of West Simpson Street and Cedar Alley; thence continuing along said northern line of West Simpson Street, South 79 degrees 31 minutes 35 seconds West, a distance of 20 feet to a point; thence North 10 degrees 28 minutes 25 seconds West along the eastern line ofland now or formerly of Katherine M. Nailor and being along and through a partition wall and beyond, a distance of 89 feet to a point on the southern line of Ruppert Alley; thence North 29 degrees 31 minutes 35 seconds East along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence South II degrees 07 minutes 02 seconds East along the western line land now or formerly of Richard C. Dietz, et ux, a distance of89.01 feet to a point on the northern line of West Simpson Street, the point and Place of BEGINNING. HAVING HEREON ERECTED a two and one-half story frame dwelling known and numbered as 218 W. Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Sandra L. Ressler, his wife by their Deed dated February 27,1997 and recorded May 10,1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 154, Page 241, granted and conveyed unto Diana. L. Olson, Grantor herein. Being Parcel # 20-23-0567-120 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brandon D. Mitchem, a single man, by Deed from Diana L. Olson, a single woman, dated 06-19-02, recorded 06-20-02, in Deed Book 252, page 1301. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Diana L. Olson, by Deed from William C. Ressler and Sandra L. Ressler, his wife, dated 02-27-97, recorded 03-10-97, in Deed Book 154, page 241. PREMISES BEING: 218 WEST SIMPSON STREET, MECHANICS BURG, PA 17055 WRIT OF EXECUTION andior ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5281 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE AS TRUSTEE, Plaintiff (s) From BRANDON D. MITCHEM (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperly of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirniher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,002.17 L. L. $.50 Interest FROM 11i29/05 TO 3/8/06 (PER DIEM - $11.84) - $1,172.16 AND COSTS Ally's Comm % Due Prothy $1.00 Ally Paid $119.60 Plaintiff Paid Date: DECEMBER 2, 2005 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19013-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 r' -, ) :_::-:1 1 r-J a:: . \. JP MORGAN CHASE AS TRUSTEE CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS BRANDON D. MITCHEM CIVIL DIVISION Defendant(s). NO. 05-5281 CIVIL TERM AFFIDA VIr PURSUANT TO RULE 3129 (Affidavit No. I) JP MORGAN CHASE AS TRUSTEE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .218 WEST SIMPSON STREET, MECHANICSBURG. PA 17055. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None t '. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 29,2005 DATE /' . // 01 () (j )e>vo/V..QJI -fl, --Lf cfrA,~/. DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff , f",) ~ C~, I , .. JP MORGAN CHASE AS TRUSTEE Plaintiff, CUMBERLAND COUNTY v. No. 05-5281 CIVIL TERM BRANDON D. MITCHEM Defendant(s). November 29, 2005 TO: BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTlNG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 218 WEST SIMPSON STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 8. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $72,002.17 obtained by JP MORGAN CHASE AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.c.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. I ( You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (7 I 7) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 { DESCRIPTION ALL THAT CERTAIN tract ofland situate in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated March 26, 1981, as follows, to wit: BEGINNING at a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a distance of 40.60 feet from an existing drill hole at the northwest corner of West Simpson Street and Cedar Alley; thence continuing along said northern line of West Simpson Street, South 79 degrees 31 minutes 35 seconds West, a distance of 20 feet to a point; thence North 10 degrees 28 minutes 25 seconds West along the eastern line ofland now or formerly of Katherine M. Nailor and being along and through a partition wall and beyond, a distance of 89 feet to a point on the southern line of Ruppert Alley; thence North 29 degrees 31 minutes 35 seconds East along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence South II degrees 07 minutes 02 seconds East along the western line land now or formerly of Richard C. Dietz, et UX, a distance of89.01 feet to a point on the northern line of West Simpson Street, the point and Place of BEGINNING. HAVING HEREON ERECTED a two and one-half story frame dwelling known and numbered as 218 W. Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Sandra L. Ressler, his wife by their Deed dated February 27, 1997 and recorded May 10, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 154, Page 241, granted and conveyed unto Diana. L. Olson, Grantor herein. Being Parcel # 20-23-0567-120 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brandon D. Mitchem, a single man, by Deed from Diana L. Olson, a single woman, dated 06-19-02, recorded 06-20-02, in Deed Book 252, page 1301. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Diana L. Olson, by Deed from William C. Ressler and Sandra L. Ressler, his wife, dated 02-27-97, recorded 03-10-97, in Deed Book 154, page 241. PREMISES BEING: 218 WEST SIMPSON STREET, MECHANICSBURG, P A 17055 (i f'_' ~~ I r",.':' c:: ~ DEe 2 0 ZOOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ JP MORGAN CHASE AS TRUSTEE Plaintiff CIVIL DIVISION v. NO. 05-5281 CIVIL TERM BRANDON D. MITCHEM Defendant ORDER AND NOW, this ') I~ay of ~, 2005, upon consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendant, BRANDON D. MITCHEM by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to 218 WEST SIMPSON STREET, MECHANICS BURG, P A 17055, . Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonot~mIc~ffidavit of service. L- ..) By~::lr:l //~ J. IJ ~ ,) 7-05 ~ ~ :ftt; 'i\iT) 9 I :1:: Hd ZZ J3D SOul i.HvlUi \K):-L.(/~d 3Hl ~o 3:),!;'D-O:Jli~ . ., " Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff JP MORGAN CHASE AS TRUSTEE Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION BRANDON D. MITCHEM NO. 05-5281 Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.c.P., 404(2)/403 I hereby certifY that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, retum receipt requested, to BRANDON D. MITCHEM on JANUARY 4, 2006 & at 218 WEST SIMPSON STREET, MECHANICSBURG, P A 17055, in accordance with the Order of Court dated DECEMBER 22, 2005. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. By: & SCHMIEG, LLP Dated: January 6,2006 / . . 7 Plaintiff CIVIL DNISION v. NO. 05-5281 CNIL TERM BRANDON D. MITCHEM Defendant ORDER AND NOW, this ') I~ay of ~, 2005, upon consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendant, BRANDON D. MITCHEM, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to 218 WEST SIMPSON STREET, MECHANlCSBURG, PA 17055, . Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary' BY J. ~':.UE (,()py F ~~~";,moIlYWhereof ROM RECORD '..:J tha Soa! 01 said . I here unto set my llano I III 'd.-,,~ Court t CarliSle 0.. udY. 0 ~( Proth ~. . " \ > 7160 3901 9&49 3120 0320 TO: BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, P A 17055 SENDER: SXM REFERENCE: MITCHEM PS Form 3800 Janua 2005 RETURN Postage RECEIPT Certified Fee 37 SERVICE . Return Receipt Fee 2.30 Restricted Delivery 1.:75 Total Postage & Fees , US Postal SeMce POSTMARK OR DATE .7:9:!; '\ \ Receipt for Certified Mail No Insurance Coverage PnMded j 00 Not Use for Intemational Mail I '___-1.___..'..0_.___________________________________ _u_uh_.__n_u___.____.__.____h"'.__._n_______. ' to r--,"> ~'";, C) C..':' -rl ,..:,.... L_ :.-::1 ~,:t I \.D N o JP Morgan Chase, As Trustee VS Brandon D. Mitchem The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5281 Civil Term Sgt. Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on January 31,2006 at 3:05 o'clock PM, she served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Brandon D. Mitchem, by making known unto Brandon D. Mitchem, personally, at The Cumberland County Sheriff's Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 31,2006 at 4:57 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brandon D. Mitchem, located at 218 West Simpson Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Brandon D. Mitchem, by regular mail to his last known address of218 West Simpson Street, Mechanicsburg, P A 17055. This letter was mailed under the date of January 31, 2006 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff who being duly sworn according to law, states this writ is returned Stayed per instructions from attorney Daniel Schmieg. Sheriffs costs: Docketing Poundage Posting Bills Advertising Prothonotary Law Library Mileage Certified mail Levy Postpone Postage Surcharge Law Journal Patriot News Share of Bills Total: 30.00 22.98 15.00 15.00 1.00 0.50 8.80 1.95 15.00 20.00 0.78 20.00 485.00 410.00 21.05 1,067.06 ./ c;L, '7/bq OL 'I o.jI) \.j4 SD I \ . Ut/) q}" ~(:1q So Answers: /~~ -'l'Tho'mas ~line, Sh~r . By0b~~ Real Estate ergeant J* , 10 JP MORGAN CHASE AS TRUSTEE CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS BRANDON D. MITCHEM CIVIL DIVISION Defendant(s). NO. 05-5281 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) JP MORGAN CHASE AS TRUSTEE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .218 WEST SIMPSON STREET. MECHANICSBURG. P A 17055 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .. , ... 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 218 WEST SIMPSON STREET MECHANICSBURG, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 29,2005 DATE ;fJ~J!J~' DANIEL G. SCHMIEG, ES. Attorney for Plaintiff .. ~ JP MORGAN CHASE AS TRUSTEE Plaintiff, CUMBERLAND COUNTY v. . No. 05-5281 CIVll.. TERM BRANDON D. MITCHEM Defendant(s). November 29, 2005 TO: BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, P A 17055 **THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TIlAT PURPOSE. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, TIllS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY. ** Your house (real estate) at. 218 WEST SIMPSON STREET. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriffs Sale on MARCH 8. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72.002.17 obtained by JP MORGAN CHASE AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.RC.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. .. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedl1lewill state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN tract ofland situate in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated March 26, 1981, as follows, to wit: BEGINNING at a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a distance of 40.60 feet from an existing drill hole at the northwest comer of West Simpson Street and Cedar Alley; thence continuing along said northern line of West Simpson Street, South 79 degrees 31 minutes 35 seconds West, a distance of 20 feet to a point; thence North 10 degrees 28 minutes 25 seconds West along the eastern line ofland now or formerly of Katherine M. Nailor and being along and through a partition wall and beyond, a distance of 89 feet to a point on the southern line of Ruppert Alley; thence North 29 degrees 31 minutes 35 seconds East along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence South 11 degrees 07 minutes 02 seconds East along the western line land now or formerly of Richard C. Dietz, et ux, a distance of89.01 feet to a point on the northern line of West Simpson Street, the point and Place of BEGINNING. HAVING HEREON ERECTED a two and one-half story frame dwelling known and numbered as 218 W. Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Sandra L. Ressler, his wife by their Deed dated February 27, 1997 and recorded May 10, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 154, Page 241, granted and conveyed unto Diana. L. Olson, Grantor herein. Being Parcel # 20-23-0567-120 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brandon D. Mitchem, a single man, by Deed from Diana L. Olson, a single woman, dated 06-19-02, recorded 06-20-02, in Deed Book 252, page 1301. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Diana L. Olson, by Deed from William C. Ressler and Sandra L. Ressler, his wife, dated 02-27-97, recorded 03-10-97, in Deed Book 154 , page 241. PREMISES BEING: 218 WEST SIMPSON STREET, MECHANICSBURG, P A 17055 WRIT OF EXECUTION and/or ATTACHMENT . .. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5281 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE AS TRUSTEE, Plaintiff (s) From BRANDON D. MITCHEM (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,002.17 L.L. $.50 Interest FROM 11/29/05 TO 3/8/06 (PER DIEM - $11.84) - $1,172.16 AND COSTS Arty's Comm % Due Prothy $1.00 Atty Paid $119.60 Plaintiff Paid Date: DECEMBER 2, 2005 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19013-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ;' , I Real Estate Sale # 54 On December12, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Mechancisburg Borough, Cumberland County, P A Known and numbered as 218 West Simpson Street, filed with this writ and by this reference incorporated herein. 6a9 ~ I:::::i = Mechanicsburg, more fully described on Exhibit "A" Date: December 12,2005 BY:JOd1.~ Real Estate Sergeant L' 0 'V q - j]O III '1~;JfH~01Hotl~~~~~~3 , , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s} of February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #54 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 , . :... . PH.iUFOF PUB;,ICATION OF NOTICE 1. COMBERL\NDLAW JOURNAL (Under /\ l 010.587, aplroved May 16, 1929). P. L.1784 STATE OF PENNSYLVA., COUNTY OF COMBER!" Lisa Mnrie Coyne. l State aforesaid, being cI L11 Y s Journal, a legal periodical pli was established January =' periodical for the publicatio: issued weekly j 11 the said (' exactly the samc as was pri Journal on the following daL VIZ: January 20, Affiant further depoc: Law Journal, a legal periodic matter of the ;tlorcsaid 110 statements as to lime, place ;: ss. ,I) : .quire, Editor c)fthe Cumberland Law Journal, of the County and · 1m, accordin~ to law, deposes and says that the Cumberland Law i:l1ed ill the Rlrough ofCarlislc ill the County and State aforesaid, /52, ,md de ,ignated by the local courts as the official legal i ;dllcgal nO:ices, and has, since .January 2, 1952, been regularly !1ly, and that the printed notice or publication attached hereto is ..1 in the regl:iar editions and issues of the said Cumberland Law February 3, .2006 : l1<1t hL' is au:. horized to verify th i s statement by the Cumberland A general c j :'Culation, and that he is not interested in the subject :. or ;ldverticment, and that all allegations in the foregoing ::haracter of publication are true, S VORN TO AND Sl BSCRIBED before me this 3 day of February, 2006 ~~.,1., J/n-';d.PA/ Notarv. . . REAL ESTATE SALE NO. 54 Writ No. 2005-5281 Civil JP Morgan Chase as Trustee vs. Brandon D. Mitchem Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Bor- ough of Mechanicsburg. Cumber- land County. Pennsylvania. more particularly bounded and described in accordance with a survey of Reed Engineering. Inc.. dated March 26. 1981. as follows. to wit: BEGINNING at a point on the northern line of West Simpson Street. said point being by same measured in a southwesterly direc- tion a distance of 40.60 feet from an existing drill hole at the north- west comer of West Simpson Street and Cedar Alley; thence continuing along said northern line of West Simpson Street. South 79 degrees 31 minutes 35 seconds West. a dis- '\ tance of 20 feet to a point; thence North 10 degrees 28 minutes 25 seconds West along the eastern line of land now or formerly of Katherine M. Nailor and being along and through a partition wall and beyond, a distance of 89 feet to a point on the southem line of Ruppert Alley; thence North 29 degrees 31 min- utes 35 seconds East along the southem line of Ruppert Alley. a distance of 19 feet to a point; thence South 11 degrees 07 minutes 02 seconds East along the westem line land now or formerly of Richard C. Dietz. et ux, a distance of 89.01 feet to a point on the northem line of West Simpson Street. the point and Place of BEGINNING. HAVING HEREON ERECTED, a two and one-half story frame dwell- ing known and numbered as 218 W. Simpson Street. Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Sandra L. Ressler, his wife by their Deed dated February 27. 1997 and re- corded May 10. 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 154. Page 241, granted and con- veyed unto Diana L. Olson. Grantor herein. Being Parcel # 20-23-0567-120. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brandon D. Mitchem, a single man, by Deed from Diana L. Olson. a single woman. dated 06- 19-02, recorded 06-20-02, in Deed Book 252. page 1301. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Diana L. Olson, by Deed from William C. Ressler and Sandra L. Ressler, his wife, dated 02-27- 97. recorded 03-10-97. in Deed Book 154, page 241. PREMISES BEING: 218 WEST SIMPSON STREET. MECHANICS- BURG, PA 17055.