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Home My WebLink About05-6331PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 Plaintiff V. A. THOMAS DITLOW OLGA N. DITLOW A/K/A OLGA E. DITLOW A/KJA OLGA E. NOBE A/K/A OLGA E. WILT 2315 KENT STREET CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. :-)cOv 69331Ci?? CUMBERLAND COUNTY 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, PA 17013 (800)990-9108 File #: 127505 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. File #: 127505 Plaintiff is ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 2. The name(s) and last known address(es) of the Defendant(s) are: A. THOMAS DITLOW OLGA N. DITLOW A/K/A OLGA E. DITLOW A/K/A OLGA E. NOBE A/K/A OLGA E. WILT 2315 KENT STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/14/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1846, Page: 873. 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 08/01/2005 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 #: 127505 6. The following amounts are due on the mortgage: Principal Balance $78,342.61 Interest 1,999.08 07/01/2005 through 12/09/2005 (Per Diem $12.34) Attorney's Fees 1,225.00 Cumulative Late Charges 116.70 11/14/2003 to 12/09/2005 Cost of Suit and Title Search 550.00 Subtotal $ 82,233.39 Escrow Credit 0.00 Deficit 500.49 Subtotal $ 500.49 TOTAL $ 82,733.88 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 82,733.88, together with interest from 12/09/2005 at the rate of $12.34 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP 7. s /Z?- By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 127505 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the southeast side of Kent Street, Camp Hill Borough, Cumberland County, Pennsylvania, being Lot No. 28, Resubdivision Plan of Robert L. Myers, Jr., Plan Book 19, Page 61, according to a Plan of Survey by D.P. Raffensperger, Associates, as follows, to wit: BEGINNING at an iron pin at the intersection of the southeast side of Kent Street, 40 foot wide right of way, and the northeast side of Low Alley, 14 feet wide right of way; thence extending from said beginning point and along the southeast side of Kent Street North 69 degrees 42 minutes East 100 feet to an iron pipe at property now or late of Robert C. Wingard; thence extending along same and along property now or late of Thomas Yeager, South 20 degrees 22 minutes East 100.32 feet to an iron pipe at land now or late of R.L. Myers; thence extending along same South 69 degrees 53 minutes 30 seconds West 99.54 feet to an iron pin at pipe on the northeast side of Low Alley; thence along same North 20 degrees 38 minutes West 100 feet to the point and place of BEGINNING. BEING THE SAME PREMISES which A. Thomas Dillow and Lynne A. Ditlow, his wife, granted and conveyed unto A. Thomas Ditlow, by deed dated November 27, 1995, in the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 132, page 661, and recorded on December 12, 1995. PROPERTY BEING: 2315 KENT STREET File k 127505 Katrina Dupuy hereby states that he/she is LOAN ADMINISTRATION OFFICER of ABN AMRO MORTGAGE GROUP, INC. mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of IS Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: / w? 5 G1 Ut C3. ?ul :?t PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND County A. THOMAS DITLOW No. 05-6331 OLGA N. DITLOW A/K/A OLGA E. DITLOW A/K/A OLGA E. NOBE A/K/A OLGA E. WILT Defendants PRAECH'E TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PH AN HALLINAN &SCHMIEG, LLP By:- Z ('In t ?_ FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: January 4, 2006 /lcf, Svc Dept. File# 127505 t_:, :?? -:. ? O _, ? ? -'rl _.. ' ? _? ?. .= :? ? ? ?_? ? v _._ _ .?? ?, L' ? ;V ^J [ .7 L+i -? V. PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 12151563-7000 Attorney For Plaintiff ABN AMRO MORTGAGE GROUP, INC. COURT OF CUMMUN FLEA CIVIL DIVISION A. THOMAS DITLOW CUMBERLAND COUNTY OLGA N. DITLOW A/K/A OLGA E. DITLOW NO. 05-6331 A/K/A OLGA E. NOBE A/K/A OLGA E. WILT SUGGESTION OF DEATH RE: DEFENDANT A. THOMAS DITLOW AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYLVANIA: FRANCIS S. HALLINAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the Defendant, A. THOMAS DITLOW is deceased -- date of death on or about November 17, 2005. Plaintiff hereby releases A. THOMAS DITLOW from liability from the debt secured by the mortgage. As the, property was owned by Defendants, A. THOMAS DITLOW and OLGA N. DITLOW as tenants by the entireties, upon the death of A. THOMAS DITLOW, OLGA N. DITLO W became sole owner of the mortgaged premises as surviving tenant by the entireties. PHELAN HALLINAN & SCHMIEG, LLP Francis S. Hallinan, Es uire Attorney for Plaintiff Dated: 4 k PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ABN AMRO Attorney For Plaintiff GROUP, INC. OF COMMON CIVIL DIVISION V. A. THOMAS DITLOW OLGA N. DITLOW A/K/A OLGA E. DITLOW A/K/A OLGA E. NOBE A/K/A OLGA E. WILT CUMBERLAND COUNTY NO. 05-6331 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Suggestion of Death Re: A. THOMAS DITLOW was sent via first class mail to the following on the date listed below: OLGA N. DITLOW 2315 KENT STREET CAMP HILL, PA 17011 PHELAN HALLINAN & SCHMIEG, LLP By' Francis S. Hallinan, Es uire Attorney for Plaintiff Dated: .3 ? ? r (r- ' ' S` Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ABN AMRO Mortgage Group, Inc. VS. Olga N. Ditlow a/k/a Olga E. Ditlow a/k/a Olga E. Nobe a/k/a Olga E. Wilt Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 05-6331 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, Olga N. Ditlow a/k/a Olga E. Ditlow a/k/a Olga E. Nobe a/k/a Olga E. Wilt, by first class mail and certified mail to the last known address and the mortgaged premises, 2315 Kent Street, Camp Hill, PA 17011, and in support thereof avers the following: 1. Attempts to serve Defendant, Olga N. Ditlow a/k/a Olga E. Ditlow aVa Olga E. Nobe a/k/a Olga E. Wilt, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 2315 Kent Street, Camp Hill, PA 17011. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the defendant moved to 321 April Drive, Apt 6, Camp Hill, PA 17011. 2. The Sheriff of Cumberland County also attempted to serve the Defendant at the last known address, 321 April Drive, Apt 6, Camp Hill, PA 17011. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", no service was made as the property does not exist. 3. 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 is attached hereto as Exhibit "C". 4. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of January 26, 2006 to bring loan current. 5. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to PaR.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By L C Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: January 26, 2006 Phelan Hallman & Schmieg, L.L.P. By: Daniel G. Scbmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ABN AMRO Mortgage Group, Inc. VS. Olga N. Ditlow a/k/a Olga E. Ditlow a/k/a Olga E. Nobe a/k/a Olga E. Wilt Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 05-6331 MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last (mown address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, foends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A" and "B", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By: I??G'_ - ?ch Daniel G. Schmieg, Esquire j Attorney for Plaintiff Date: January 26, 2006 t? ?x?'e'+ SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-06331 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS DITLOW A THOMAS ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DITLOW OLGA N AKA OLGA E DITLOW AKA OLGA E NODE AKA OLG but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT DITLOW AKA OLGA E NOBE AKA OLG, NOT FOUND , as to , DITLOW OLGA N AKA OLGA E 2315 KENT STREET HILL. PA 17011 PER POST OFFICE, DEFENDANT'S ADDRESS IS 321 APRIL DRIVE APT 6 CAMP HILL, BUT WE WERE NOT ABLE TO MAKE SERVICE Sheriff's Costs: So answers _- Docketing 6.00 r - Service 14.40?? Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County nn 35.40 PHELAN HALLINAN SCHMIEG 12/29/2005 Sworn and subscribed to before me this day of A. D. Prothonotary ?? b } ?- ?x SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-06331 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS DITLOW A THOMAS ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DITLOW OLGA N AKA OLGA E DITLOW AKA OLGA E NOBE AKA OLG but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT DITLOW AKA OLGA E NOBE AKA OLG, L DRIVE , NOT FOUND , as to , DITLOW OLGA N AKA OLGA E CAMP HILL, PA 17011 THERE IS NO SUCH ADDRESS IN CUMBERLAND COUNTY. Sheriff's Costs: So answers: --- Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 01/18/2006 Sworn and subscribed to before me this day of A.D. Prothonotary / ??i? ??? FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION FHLMC SKIP TRACE File Number: 127505 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: A. T. Ditlow and Olga N. Ditlow Property Address: 2315 Kent Street, Camp Hill, PA 17011 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct A. T. Ditlow - 184-38-0254 Olga N. Ditlow - 213-46-7194 B. EMPLOYMENT SEARCH A. T. Dillow and Olga N. Dillow - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that A. T. Ditlow and Olga N. Ditlow reside(s) at: 2315 Kent Street, Camp Hill, PA 17011. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 1/25/06 our office contacted directory assistance, which indicated that A. T. Ditlow and Olga N. Ditlow reside(s) at: 2315 Kent Street, Camp Hill, PA 17011. On 1/25/06 our office made a telephone call to the subjects' phone number, (717) 975-9494, and received the following information: phone number disconnected. 111. INQUIRY OF NEIGHBORS On 1/25/06 our office made several phone calls in an attempt to contact William Kcenich, (717) 737-3843, at 2310 Kent Street, Camp Hill, PA 17011: spoke with an unidentified female who confirmed that the subjects moved from 2315 Kent Street, Camp Hill, PA 17011 to an unknow address. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 1/25/06 we reviewed the National Address database and found the following information: A. T. Ditlow and Olga N. Ditlow- 2315 Kent Street, Camp Hill, PA 17011. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on A. T. Dillow and Olga N. Ditlow. VI. OTHER INQUIRIES A. DEATH RECORDS As of 1/25/06 Vital Records and all public databases have no death record on file for A. T. Dillow and Olga N. Dillow. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for A. T. Ditlow and Olga N. Ditlow residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH T. Dillow - 2/11/1949 Olga N. Ditlow - not available B. A.K.A. A. Thomas Dillow and Olga E. Noble a/k/a Olga E. Wilt a/ka/ Olga E. Ditlow * 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 certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby 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. ,? co MowwrEw?iaF rim vAwA NOTARALMAL !J RYAN P GALM, qt" Pk*k AFFIANT - Brendan Booth city dPwaiNk M,M?Cerq aal fto Ooanlu IM =8 Full Spectrum Legal Services, Inc. C Sworn to and subscribed before me this 25th day of January 2006. ]-he above information is obtained from available public records 1GM and ive are only liable for the cost of the affidavit. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: January 26, 2006 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ABN AMRO Mortgage Group, Inc. Vs. Olga N. Ditlow a/k/a Olga E. Ditlow a/k/a Olga E. Nobe a/k/a Olga E. Wilt Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 05-6331 CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy 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 individual as indicated below by first class mail, postage prepaid, on the date listed below. Olga N. Ditlow a/k/a Olga E. Ditlow a/k/a Olga E. Nobe a/k/a Olga E. Wilt at: 2315 Kent Street, Camp Hill, PA 17011 321 April Drive, Apt 6, Camp Hill, PA 17011 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. Daniel G. Scbmieg, Esquire Attorney for Plaintiff Date: January 26, 2006 N ?. ? Y T G?`?; fV ???t7 ri i 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, PA 19103 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. OLGA N. DITLOW A/K/A OLGA E. DITLOW A/K/A OLGA E. NOBE A/K/A OLGA E. WILT Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 05-6331 PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLIN/AN & SCHMIEG, LLP By: F NCIS S. 14ALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: January 26, 2006 Jet, Svc Dept. File# 127505 a -'9 p ` i ' L,,,, `G -n ? - y d,, . r! w • t 5'_ ?,, .?2 i r,?- c7?; ? .- . ?; >. -n `? ? ? ? ? ??• < ?= 7 ? u T SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-06331 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS DITLOW A THOMAS ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: DITLOW A THOMAS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED as to the within named DEFENDANT DITLOW A THOMAS 2315 KENT S CAMP HILL, PA 17011 PER NEIGHBOR, HOUSE IS VACANT AND DEFENDANT IS DECEASED. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 42.40 So answers:-o-'" R. Thomas Kline k Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 12/29/2005 Sworn and subscribed to before me this 11? day of d o-t lr A.D. / Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-06331 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS TLOW A THOMAS ET AL R. Thomas Kli ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DITLOW OLGA N AKA OLGA E DITLOW AKA OLGA E NOSE AKA OLG but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT DITLOW OLGA N AKA OLGA E DITLOW AKA OLGA E NOBE AKA OLG, 2315 KENT STREET P HILL, PA 17011 PER POST OFFICE, DEFENDANT'S ADDRESS IS 321 APRIL DRIVE APT 6 CAMP HILL, BUT WE WERE NOT ABLE TO MAKE SERVICE. Sheriff's Costs: So answers: Docketing 6 .00 - Service 14 .40 Not Found 5 .00 R. Thomas Kline Surcharge 10 .00 Sheriff of Cumberland County .00 35 .40 PHELAN HALLINAN SCHMIEG 12/29/2005 Sworn and subscribed to before me this I/ day of dLro? A.D. ,? Proth?2rfiotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-06331 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS DITLOW A THOMAS ET AL R. Thomas K1 ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DITLOW A THOMAS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT DITLOW A THOMAS 321 APRIL DRIVE CAMP HILL. PA 1 THERE IS NO SUCH ADDRESS IN CUMBERLAND COUNTY Sheriff's Costs: So answers: Docketing 18.00 Service 13.20 f Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 46.20 PHELAN HALLINAN SCHMIEG 01/18/2006 Sworn and subscribed to before me this ? Lt,' day of ov(, A.D. Pr tho SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-06331 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMRO MORTGAGE GROUP INC VS DITLOW A THOMAS ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DITLOW OLGA N AKA OLGA E DITLOW AKA OLGA E NOBE AKA OLG but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT DITLOW AKA OLGA E NOBE AKA OLG, 321 APRIL DRIVE NOT FOUND , as to , DITLOW OLGA N AKA OLGA E CAMP 7011 THERE IS NO SUCH ADDRESS IN CUMBERLAND Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers: R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 01/18/2006 Sworn and subscribed to before me this aql day ofd avC,, A.D. ??? P othon r 5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ABN AMRO Mortgage Group, Inc. vs. Olga N. Dillow a/k/a Olga E. Ditlow a/k/a Olga E. Nobe a/k/a Olga E. Wilt ORDER AND NOW, this z a day of _ CIVIL DIVISION NO. 05-6331 J e r r, 2006, upon consideration of Plaintiffs 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 all future pleadings on the above captioned Defendant, Olga N. Ditlow alk/a Olga E. Ditlow a/k/a Olga E. Nobe a/k/a Olga E. Wilt, by: 1. First class mail to Olga N. Ditlow a/k/a Olga E. Ditlow a/k/a Olga E. Nobe a/k/a Olga E. Wilt at the last known address, 321 April Drive, Apt 6, Camp Hill, PA 17011 and the mortgaged premises located at 2315 Kent Street, Camp Hill, PA 17011; and 2. Certified mail to Olga N. Ditlow a/k/a Olga E. Ditlow a/k/a Olga E. Nobe a/k/a Olga E. Wilt at the last known address, 321 April Drive, Apt 6, Camp Hill, PA 17011 and the mortgaged premises located at 2315 Kent Street, Camp Hill, PA 17011. ,o ' 0 BY THE COURT: qH7 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 QI5) 563-7000 ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. OLGA N. DITLOW A/K/A OLGA E. DITLOW A/K/A OLGA E. NOBE A/K/A OLGA E. WILT Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 05-6331 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 and certified mail, return receipt requested, to the following person, OLGA N. DITLOW A/K/A OLGA E. DITLOW A/K/A OLGA E. NOBE A/K/A OLGA E. WILT at 321 APRIL DRIVE, CAMP HILL, PA 17011, 2315 KENT STREET, CAMP HILL, PA 17011 on FEBRUARY 6, 2006, in accordance with the Order of Court dated FEBRUARY 2, 2006. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: Fehma , 2006 FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff - ; -, i -" ? - ? ' , ? _ ? ? i;? - w_ c? ,-.? `" Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs A. THOMAS DITLOW OLGA N. DITLOW A/K/A OLGA E. DITLOW A/K/A OLGA E. NOBE A/K/A OLGA E. WILT Defendant : I Court of Common Pleas : I Civil Division : CUMBERLAND County : I No. 05-6331 PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Settled, Discontinued and Ended. Date: October 20, 2009 PHELAN HALLIN By: L?1Cce TVPhE . No.,32227 ands S. H No. 62695 iel G. No. 62205 ichele d. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 127505 Attorneys for Plaintiff O T'" F ;any 2609 OCT 21 6-111 : .} z VUIt' N<,