Loading...
HomeMy WebLinkAbout06-0450PHELAN 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE OF MELLON CPA MORTGAGE LOAN TRUST 1998-A 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 Plaintiff V. SHAWN L. LEONARD SHARON J. MILLER 905 CREEK ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.O(o -2{56 etu'LL l En 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 #: 127262 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 #: 127262 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A.. AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: SHAWN L. LEONARD SHARON J. MILLER 905 CREEK ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/24/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1180, Page: 673. By Assignment of Mortgage recorded 08/24/98 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 586, Page 527. 4. The premises subject to said mortgage is described as attached. 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 #: 127262 6. The following amounts are due on the mortgage: Principal Balance $30,067.93 Interest 917.01 07/01/2005 through 01123/2006 (Per Diem $4.43) Attorney's Fees 1,250.00 Cumulative Late Charges 21.50 11/24/1993 to 01/23/2006 Cost of Suit and Title Search $J50 00 Subtotal $ 32,806.44 Escrow Credit 0.00 Deficit 245.69 Subtotal $ 245.69 TOTAL $ 33,052.13 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the surn of $ 33,052.13, together with interest from 01/23/2006 at the rate of $4.43 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 & SCH/yMIIJEGL?LP By: /skis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 127262 LEGAL ALL THAT CERTAIN tract of land with improvements situated in the Township of West Pennsboro and County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center of the public road leading from the Elliott Mill to the Newville Road; thence North East 64 degrees 15 minutes a distance of 85.00 feet to a point; thence Northeast 25 degrees 30 minutes a distance of 299.42 feet, across the Conodoguinet Creek, to a point in the public road (Township Route #457); thence Southeast 67 degrees 55 minutes a distance of 85.51 feet; thence Southeast 44 degrees 25 minutes a distance of 528.00 feet, across the Conodoguinet Creek to a point; thence Southeast 53 degrees 55 minutes, a distance of 57.75 feet to a point; thence Northwest 80 degrees 55-50 minutes, a distance of 443.59 feet to a point; thence Southwest 8 degrees 30 minutes a distance of 50 feet bordering Wert property to a point; thence Northwest 56 degrees 30 minutes a distance of 139.57 feet, to a point in the public road; thence Southwest 5.3 degrees 30 minutes a distance of 26 feet to a point bordering Mullen property; thence Northwest 44 degrees 15 minutes a distance of 108.30 feet to the starting point. As described in the survey for Frederick S. Elliott, by Thomas Heff, December 22, 1970. BEING improved with a two story aluminum house. PROPERTY BEING: 905 CREEK ROAD BEING the same property which Kenneth E. Darr and Darlene F. Darr by their deed dated February 16, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book K-34, Page 486, granted an conveyed unto Anthony C. Gasull, and Tracy L. Pearson, single persons. They have since married and together they are the Grantors herein. Fite #: 127262 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 on 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 his 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 unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: A3-.1b6 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00450 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS LEONARD SHAWN L 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 LEONARD SHAWN L unable to locate Him in his bailiwick COMPLAINT - MORT FORE but was He therefore returns the the within named DEFENDANT , LEONARD SHAWN L 905 CREEK ROAD NOT FOUND , as to CARLISLE, PA 17013 MOVED, NO FORWARDING ON FILE AT POST OFFICE. THERE IS A TENANT LIVING THERE. Sheriff's Costs: So answers: _-- ,-' Docketing 18 .00 Service 5 .28 Not Found 5 .00 R. Thomas Kline Surcharge 10 .00 Sheriff of Cumberland County .00 38 .28 PHELAN HALLINAN SCHMIEG 02/02/2006 Sworn and subscribed to before me this 7 1? day of X07 "(e A . D . 6112* t Pry thonota$y SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00450 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS LEONARD SHAWN L 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 MILLER SHARON J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , MILLER SHARON J 905 CREEK CARLISLE, PA 17013 MOVED. NO FORWARDING ON FILE AT POST OFFICE. THERE IS A TENANT LIVING THERE. 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 02/02/2006 Sworn and subscribed to before me this 7`p- day of 7c a jnL , A.D. G Pr honot 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 Attorney for Plaintiff Deutsche Bank National Trust COURT OF COMMON PLEAS Company, F/K/A Bankers Trust Company of California, N.A., as Trustee of Mellon CRA Mortgage Loan Trust 1998-A CIVIL DIVISION vs. CUMBERLAND COUNTY Shawn L. Leonard Sharon J. Leonard NO. 06-450 Civil Term 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 Defendants, Shawn L. Leonard and Sharon J. Leonard, by first class mail and certified mail to the mortgaged premises, 905 Creek Road, Carlisle, PA 17013, and in support thereof avers the following: 1. Attempts to serve Defendants, Shawn L. Leonard and Sharon J. Leonard, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, 905 Creek Road, Carlisle, PA 17013. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the defendants moved and left no forwarding address. 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of February 27, 2006 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. WHEREFORE, Plaintiff respectfully requests 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 Hallman & Schmieg, L.L.P. Bv: Daniel chmieg, Esquire Attorney for Plaintiff Date: February 27, 2006 Phelan Hallman & 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 Attorney for Plaintiff Deutsche Bank National Trust Company, F1K/A Bankers Trust Company of California, N.A., as Trustee of Mellon CRA Mortgage Loan Trust 1998-A COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY NO. 06-450 Civil Term Shawn L. Leonard Sharon J. Leonard 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 known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". 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: Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: February 27, 2006 Fxk ? ? ?-t SHERIFF'S RETURN - NOT FOUND "CASE NO: 2006-00450 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS LEONARD SHAWN L 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 LEONARD SHAWN L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , LEONARD SHAWN L 905 CREEK LOAD CARLISLE, PA 17013 MOVED, NO FORWARDING ON FILE AT POST OFFICE. THERE IS A TENANT LIVING THERE. Sheriff's Costs: So answers: -- Docketing 18.00 Service 5.28 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 38.28 PHELAN HALLINAN SCHMIEG 02/02/2006 Sworn and subscribed to before me this A. D. day of Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00450 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS LEONARD SHAWN L 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 MILLER SHARON J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT MILLER SHARON J 905 CREEK CARLISLE, PA 17013 MOVED. NO FORWARDING ON FILE AT POST OFFICE. THERE IS A TENANT LIVING THERE. 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 02/02/2006 Sworn and subscribed to before me this A. D. day of Prothonotary /??`by'r R SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 24-1673 Attorney Firm: 127262 PHELAN HALLINAN & SCHMIEG, LLP Subject: Shawn L. Leonard & Sharon J. Miller Current Address: 905 Creek Rd Carlisle, PA 17013 Property Address: 905 Creek Rd Carlisle, PA 17013 Mailing Address: 905 Creek Rd Carlisle, PA 17013 1, Scott Nulty, 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: CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct. Shawn L. Leonard - 196-62-3976 Sharon J. Miller - 179-54-4627 B. EMPLOYMENT SEARCH A review of the credit reporting agencies provided no employment information. Shawn L. Leonard - not available Sharon J. Miller - not available C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Shawn L. Leonard & Sharon J. Miller reside(s) at 905 Creek Rd Carlisle, PA 17013. it. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 121512005 our office contacted directory assistance which indicated that Shawn L. Leonard & Sharon J. Miller reside(s) at: 905 Creek Rd Carlisle, PA 17013. Our office made a telephone call to the mortgagor's phone number and received the following information: 717-258-0590; received answering machine. INQUIRY OF NEIGHBORS On 12/5/2005 our office contacted F.Linsenbach 880 Creek Rd; spoke to female who confirmed address; they were able to verify that Shawn L. Leonard & Sharon J. Miller reside(s) at: 905 Creek Rd Carlisle, PA 17013. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 12/5/2005 we reviewed the National Address database and found the following information, Shawn L. Leonard & Sharon J. Miller - 905 Creek Rd Carlisle, PA 17013 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: No addresses on file. IV. DRIVING LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Shawn L. Leonard & Sharon J. Miller. V. OTHER INQUIRIES A. DEATH RECORDS As of 12/5/2005 Vital Records and all public databases have no death record on file for Shawn L. Leonard & Sharon J. Miller. COUNTY VOTER REGISTRATION The Cumberland County Voter registration was unable to confirm a registration for Shawn L. Leonard & Sharon J. Miller residing at: last registered address. C. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) Our office conducted a search for public licenses and found the following: No records on file. VI. ADDITIONAL INFORMATION ON SUBJECT A. DATE OF BIRTH Shawn L. Leonard - 1972 Sharon J. Miller - n/a B. A.K.A. None *All accessible public databases have been checked and cross-referenced for the above- named individual(s). *Please be advised all database information indicates the subjects reside at the current address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom 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 unworn falsification to authorities. AFFIANT Scott Nulty SKN Data Research I , President Sworn to an subscribed tome this day of 2005 f> OTARY BLIC ? i xc tF, Nulty, Notary t' bliC asrG fer'+v titer Count) i vt (,,, rr?.^?onrepr ?Oec. 79,2?'?fi rvr rr ?mau v <t..t.o0 of Nr131l:13 The above information is obtained from available public records; and we 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 Danie c ieg, Esquire Attorney for Plaintiff Date: February 27, 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 Attorney for Plaintiff Deutsche Bank National Trust Company, F/K/A Bankers Trust Company of California, N.A., as Trustee of Mellon CRA Mortgage Loan Trust 1998-A COURT OF COMMON PLEAS CIVIL DIVISION Vs. CUMBERLAND COUNTY Shawn L. Leonard Sharon J. Leonard NO. 06-450 Civil Term 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 individuals as indicated below by first class mail, postage prepaid, on the date listed below. Shawn L. Leonard and Sharon J. Leonard 905 Creek Road Carlisle, PA 17013 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. By.. Dance chmieg, Esquire Attorney for Plaintiff Date: February 27, 2006 ??' ? ? _, _,, 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 PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. SHAWN L. LEONARD SHARON J. MILLER No. 06-450 Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN///& SCHMIEG, LLP By: 5 N?-. FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: February 27, 2006 /jmr, Svc Dept. File# 127262 ( r3 } DEUTSCHE BANK NATIONAL TRUST COMPANY, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE OF MELLON CRA MORTGAGE LAON TRUST 1998-A PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA SHAWN L. LEONARD SHARON J. LEONARD DEFENDANTS 06-0450 CIVIL ORDER OF COURT AND NOW, this Td day of March, 2006, upon consideration of the Plaintiff's Motion for Service Pursuant to Special Order of Court under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendants, Shawn L. Leonard and Sharon J. Leonard, have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Complaint in Mortgage Foreclosure upon Defendants, Shawn L. Leonard and Sharon J. Leonard by posting a copy of the Complaint upon the premises, 905 Creek Road, Carlisle, PA 17013; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendants' last known address at 905 Creek Road, Carlisle, PA 17013; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; 4. All further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known addresses and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendants, Shawn L. Leonard and Sharon J. Leonard by sending copies of same to Defendants' last known address by certified and regular mail, by posting the premises and by publication to include the notice as prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania. By the Court, Daniel G. Schmieg, Esquire > 3 3 t)? Attorney for Plaintiff / Cumberland County Sheriff M. L. Ebert, Jr., J. JU, bas „? 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. S14AWN L. LEONARD SHARON J. MILLER No. 06-450 Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: 1 ?- 5 FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: March 20, 2006 /jmr, Svc Dept. File# 127262 .-v G> O m c? N r !pmm. ' -,t ? ? .xi 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 (215) 563-7000 Deutsche Bank National Trust Company, F/K/A Bankers Trust Company of California, N.A., as Trustee of Mellon CRA Mortgae Loan Trust 1998-A Plaintiff vs. Shawn L. Leonard Sharon J. Miller Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-450-Civil Term 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 Shawn L. Leonard and Sharon J. Miller at 905 Creek Road, Carlisle, PA 17013, on March 20, 2006, in accordance with the Order of Court dated March 3, 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: March 20,200 6 5 FRANCIS S. HALL AN, ESQUIRE Attorney for Plaintiff ? -_' tii ? ,: ?? n? _ ? -? ?, z,,? _: --_; ;-- CASE NO: 2006-00450 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS LEONARD SHAWN L ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEONARD SHAWN L the DEFENDANT , at 2000:00 HOURS, on the 21st day of March , 2006 at 905 CREEK ROAD CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 905 CREEK ROAD CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 18.00 4.40 6.00 10.00 R. Thomas Kline .00 38.40 03/22/2006 PHELAN HALLINAN SCHM IEG Sworn and Subscribed to before By: me this 4 day of M An A.D. i rot otar CASE NO: 2006-00450 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS LEONARD SHAWN L ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHARON J the DEFENDANT , at 2000:00 HOURS, on the 21st day of March 2006 at 905 CREEK ROAD CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 905 CREEK ROAD CARLISLE 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: So Answers: Docketing 6.00 Service .00 Posting 6.00 I Surcharge 10.00 R. Thomas Kline .00 22.00 03/22/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: me this day of A.D. ro to 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, F/K/A BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998- A Plaintiff vs SHAWN L. LEONARD SHARON J. MILLER Defendant Court of Common Pleas Civil Division CUMBERLAND County . I No. 06-450 PRAECIPE TO THE PROTHONOTARY: X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Date: October 20, 2009 PHELAN 14ALLINAN By: La ce T. Phel sq. o. 32227 Francis S. Hall' , Id. No. 62695 Daniel G. Sc ' g, 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 /r 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# 127262 Attorneys for Plaintiff "IL -L) 2009 OCT 21 Al"J 11: Cig f "'kill