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HomeMy WebLinkAbout06-0919 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE 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 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM clu~L~~ v. NO.OIe -ql9 CUMBERLAND COUNTY LARRY A. ENGBERG DONNA J. MEASE 4129 ENOLA ROAD NEWVILLE, P A 17241 Defendants 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 tbal if you fail to do so the case may proceed withoul 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 olher 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 LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T 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 #: 130968 File #; 130968 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 WELLS FARGO BANK, N.A. 3476 ST A TEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known addressees) of the Defendant(s) are: LARRY A. ENGBERG DONNA J. MEASE 4129 ENOLA ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/1 1/1 988 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HILL FINANCIAL SAVINGS ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 919, Page: 93. By Assignment of Mortgage recorded 06/28/2001 the mortgage was Assigned To MERS, AS NOMINEE FOR WELLS FARGO HOME MORTGAGE which Assignment is recorded in Assignment Of Mortgage Book No. 679, Page 368. 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 11/01/2005 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 #: 130968 6. The following amounts are due on the mortgage: Principal Balance Interest 1 % 1/2005 through 02/15/2006 (Per Diem $6.35) Attorney's Fees Cumulative Late Charges 10/11/1988 to 02/15/2006 Cost of Suit and Title Search Subtotal $36,284.54 876.30 1,250.00 40.01 $ 550.00 $ 39,000.85 Escrow Credit Deficit Subtotal 0.00 90.92 $ 90.92 TOTAL $ 39,091.77 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. Notice ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assislance Program pursuant to Act 91 of 1983, as amended in 1998, andlor Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set fortb thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plainliff 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is notthe principal residence ofDefendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 39,091.77, together with interest from 02/15/2006 at the rate of$6.35 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 ~~. / .~~. By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plainliff File #: 130968 LEGAL DESCRIPTION ALL that certain tract of land situate in the Village of Bloserville, Upper Frankford Township, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the middle of the public road leading from Bloserville to Roxbury, which point is also a comer ofland now or formerly of Raymond Fry; thence Southwardly along lands of said Fry, a distance of21.2 feet to a point; thence still along lands of said Fry, South 85 degrees East, 147.8 feet to a point in center of an alley; thence along the center of said alley, South 05 degrees West, a distance of16 1.2 feet to a point in line of land of said Raymond Fry; thence along land of said Raymond Fry, North 85 degrees West, 196.5 feet to a point in line of land of the Evangelical United Brethren Church; thence along land of the said Evangelical United Brethren Church, North 05 degrees East 74.5 feet to a point; thence still along property of said Church, North 19 1/2 degrees West, 74.6 feet to a point in the cenler of the aforesaid public road; thence in a Northeastwardly direction along the center of said public road, a distance of 78 feet to a point, the place of BEGINNING. BEING improved with a frame dwelling house, barn, garage, shop building and other improvements. BEING the same premises which Michael L. Sturn and Sue E. Sturn, his wife, by deed dated October 11,1988 and recorded in Cumberland Count Deed Book 'P', Vol. 33, Page 710, granted and conveyed to Larry A. Engberg and Donna J. Mease, Grantors herein. PROPERTY BEING: RD 3 1475 File #: 130968 VF,lHFIC:A nON 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 unsworn falsification to authorities. h J ltL- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: (L). -I '-1- Ole - (::i tt\ ~ ~ -- l.Jv - ~ -t:: ...c:. \) .(,q. ~ vt D -0 p=- :u -{- -+- -f... c~\ , -n :~ " r-\ , ...;:) - 0"1 C:-', ,~) ":il ',C' (,::\ ')~ i-j - ------- 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 Wells Fargo Bank, N,A. COURTOFCO~ONPLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY Larry A. Engberg Donna J. Mease NO, 06-919-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 Defendant, Donna J. Mease, by first class mail and certified mail to the last known address, 517 Kenwood Avenue, Merritt Island, Fl32952 and the mortgaged premises, RD 3 1479 aIkIa 4129 Enola Road, Newville, P A 17241, and in support thereof avers the following: 1. Attempts to serve Defendant, Donna J. Mease, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, RD 3 1479 aIkIa 4129 Enola Road, Newville, P A 17241. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the defendant moved and left no forwarding address. 2. The Plaintiff, by way of Private Process Server, attempted to serve the Defendant at 517 Kenwood A venue, Merritt Island, FI 32952. As indicated by the Affidavit of Service attahed hereto as Exhibit "B", the defendant is not known at this address. 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 May 10,2006 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 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: Daniei ~ &~ieg, Esquire Attorney for Plaintiff Date: May 10,2006 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 Wells Fargo Bank, N.A. vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-919-Civil Term Larry A. Engberg Donna J. Mease 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 fuith effort to discover the correct address." AdoDtion of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (I) inquires of postal authorities including inquiries pursuant to the Freedom of Infonnation 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" and the Process Server's Affidavit of Service attached hereto as Exhibit "B", personal service was unable to be completed on the defendant. 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. B~ . Dame . c ieg, Esquire Attorney for Plaintiff Date: May 10, 2006 Exhibit A SHERIFF'S RETURN - NOT FOUND . .CASE NO: 2006-00919 P COMMONTWEALTH OF PENNSYLVANIA .....""'COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS ENGBERG LARRY A 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 MEASE DONNA 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 , MEASE DONNA J 4129 ENOLA ROAD NEWVILLE, PA 17241 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 ~ . R. Thomas Kl in " " Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/07/2006 Sworn and subscribed to before me this day of A.D. Prothonotary Exhi bit ~ VERIFIED RETURN OF NON-SERVICE ,. Commonwealth of Pennsylvania County of Cumberland Civil Court Case Number: 06 919 CT Plaintiff: Wells Fargo Bank, N.A. vs. Defendant: Larry A Enberg and Donna J mease For: Francis S Hallinan, Esq. Phelan Hallinan & Schmieg LLP Ste. 1400 One Penn Center Plaza Philadelphia, PA 19103-1799 Received by VENTURE INVESTIGATIONS, & PROCESS SERVIC on the 14th day of March, 2006 at 12:42 pm to be served on Donna J Mease, 517 Kenwood Ave, Merritt Island, FL 32952. I, AI MIXON, CPS #306, being duly sworn, depose and say that on the 6th day of April, 2006 at 10:56 am, I: NON-SERVED the Civil Action-Law, Complaint in Mortgage Foreclosure because all reasonable inquires suggest the defendant moved to an undetermined address. Additionallnfonnation pertaining to this Service: 3/27/2006 9:56 am HOUSE SOLD MAY 2005 TO A GERARD FAMILY WHO HAD NO KNOWLEDGE OF PREVIOUS OWNERS. POST OFFICE CHECK HAD NO FORWARDING FROM THAT ZIP CODE. Under penalty of perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true and correct, that I am a court appointed, CERTIFIED PROCESS SERVER for the Eighteenth Judicial Circuit in the county in which service was effected in accordance with Florida Statutes, and have no interest in the above action pursuant to F.S. 92.525(2). Subscribed and Sworn to before me on the 7th day of April, 2006 b e affiant who is personally known to me. t# NOTARY PUBLIC VENTURE INVESTIGATIONS, & PROCESS SERVIC P.O. Box 1132 Oldsmar, FL 34677-1132 (727) 771-9112 .................. ....................... .....e : MICHAEL GARDNER : ~ ~..~~:~';"''& Com"" 000233595 ! . '>tm'" "'"''' . : f ~ .!l"f;\ Expirea 7/30/2007 : : ~~~1' il Bonded Ihru (800)432....254: : ~",I~R;~ ~~\\..,,~ Florida Notary Assn Inc : :......... ......... ........... ...........~.....I Our Job Serial Number: 2006000787 Copyright @ 1992-2005 Database Services, Inc. - Process Server's Toolbox V5.9b 0.( .,.-<' Exhi bit t ....... FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: Attorney Firm: Subject: 130968 Phelan, Hallinan & Schmieg, LLP Larry A. Engberg & Donna J. Mease Property Address: RD 31479, Newville, PA 17241 Possible Mailing Address: (Larry A. Engberg) 4129 Enola Road,Newville,PA 17241 (Donna J. Mease) 517 Kenwood Avenue, Merritt Island, FL 32952 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: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Larry A. Engberg - 517-52-1105 Donna J. Mease - 184-48-xxxx B. EMPLOYMENT SEARCH Larry A. Engberg & Donna J. Mease - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Larry A. Engberg & Donna J. Mease reside(s) at: 4129 Enola Road, Newville, PA 17241. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Larry A. Engberg reside(s) at: 4129 Enola Road, Newville, PA 17241, however had no listing for Donna J. Mease. On 02-10--06 our office made several telephone calls to the subject's (Larry A. Engberg) phone number (717) 776-4525 and received the following information: answering machine. B. On 02-14-06 our office made several telephone calls to the phone number (717) 454-4836 and received the following information: no answer. III. INQUIRY OF NEIGHBORS On 02-14-06 our office made several phone calls in an attempt to contact K. Theobold (717) 776-6530, 4121 Enol a Road, Newville, PA 17241: answering machine. On 02-14-06 our office made several phone caIls in an attempt to contact Donald E. Fraker (717) 776-7352, 4141 Enola Road, Newville, PA 17241: answering machine. On 02-14-06 our office made a phone call in an attempt to contact Barry G. Clever (717) 776-5995, 4144 Enola Road, Newville, PA 17241: spoke with an unidentified female who could not confirm that the subject reside(s) at 4129 Enola Road, Newville, PA 17241. On 02-14-06 our office made several phone caIls in an attempt to contact Suzanne Daly (321) 454-3766, 516 Kenwood Avenue, Merritt Island, FL 32952: answering machine. On 02-14-06 our office made several phone caIls in an attempt to contact Karen Angle (321) 459-2146, 518 Kenwood Avenue, Merritt Island, FL 32952: no answer. On 02-14-06 our office made several phone calls in an attempt to contact Karen Angle (321) 459-1542, 518 KenwoodAvenue, Merritt Island, FL 32952: answering machine. Using our white pages database our office was unable to locate any neighbors for RD 3 1479, Newville, PA 17241. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 02-14-06 we reviewed the National Address database and found the following information: Larry A. Engberg- 4129 Enola Road, Newville, PA 17241 & Donna J. Mease - 517 Kenwood Avenue, Merritt Island, FL 32952. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Larry A. Engberg) 4129 Enola Road, Newville, PA 17241 & (Donna J. Mease) 517 Kenwood Avenue, Merritt Island, FL 32952. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Larry A. Engberg & Donna J. Mease. VI. OTHER INQUIRIES A. DEATH RECORDS As of 02-14-06 Vital Records and all public databases have no death record on file for Larry A. Engberg & Donna J. Mease. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Larry A. Engberg & Donna J. Mease residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Larry A. Engberg - 06-1946 Donna J. Mease - 06-1957 * 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 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. See. 4904 relating to unsworn falsification to authorities. ~t1o;V(bl/) 0~ AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 14th day of February, 2006. NS~.IIkt~ information is obtained from available public records COMMONWEALTH OF pEN d we are only liable for the cost of the affidavit. NOTARIAL SEAL . P STRAIN. Notary Public THOMAS. . Ph'\ County City of Philade\p~la, F l:r~ary 4.2010 I My CommiSSion ExpIres e 7~~ IND VERIFICA TION 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 unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. BY~ Daniel G. c ieg, Esquire Attorney for Plaintiff Date: May 10, 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, P A 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Vs. Larry A. Engberg Donna J. Mease Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-919-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 individual as indicated below by first class mail, postage prepaid, on the date listed below. Donna J. Mease at: RD 3 1479 alkla 4129 Enola Road Newville, P A 17241 517 Kenwood Avenue Merritt Island, Fl 32952 The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. ~4904 relating to unsworn falsification to authorities. Date: May 10, 2006 Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. B~ Daniel G. Schmieg, Esquire Attorney for Plaintiff (') ~; ~ ,.....;3 = c:> <:;t.... o -n ~::n rn I -om :Py ~:'~(J ~J; =i 1 'o=/.o iSrn --I 55 -< :x J",:.cl" -< (J1 > ::x: <.? I.L) PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE 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 WELLS FARGO BANK, N.A. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY LARRY A. ENGBERG DONNA J. MEASE No. 06-919 Defendants PRAECIPE TO REINSTATE CML 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: .r;;^-~ 5 . I../~ FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: Mav 10.2006 /jmr, Svc Dept. File# 130968 (") s; ~. ""OG~' l1J ~^~ ;-~( ~:~: C:'.C ."'," ~;, (:S :';;:-f.; ~ ....., g "" ::lI: ~ (.1\ ~ :I!.::!l "'r: -om :p9 '~~ b~ E?rl -'-\ ~ :po 3 '2 N o SHERIFF'S RETURN - NOT FOUND CASE'NO: 2006-00919 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS ENGBERG LARRY A 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 MEASE DONNA 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 , MEASE DONNA J 4129 ENOLA ROAD NEWVILLE, PA 17241 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 ~~ Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/07/2006 Sworn and subscribed to before me this )./~ day of ~ 2,".a:~~ Pr onot SHERIFF'S RETURN - REGULAR CASE NO: 2006-00919 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS ENGBERG LARRY A ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ENGBERG LARRY A the DEFENDANT , at 1445:00 HOURS, on the 3rd day of March , 2006 at 4129 ENOLA ROAD NEWVILLE, PA 17241 by handing to DIANE ENGBERG, 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 8.80 .00 10.00 .00 36.80 So Answers: r->);?nL~~ R. Thomas Kline me this .,/.1..4.-1' day of 03/07/2006 PHELAN HALLINAN SCHMIEG B~~~ Sworn and Subscribed to before C.A.D. /.1.), ' r Pro n tar WELLS FARGO BANK, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUTNY, PENNSYLVANIA V. LARRY A. ENGBERG DONNA J. MEASE Defendants 06-0919 CIVIL ORDER OF COURT AND NOW, this 1 ih day of May, 2006, upon consideration of the Plaintiff's Motion for Alternate Service 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 the Defendant, Donna J. Mease have been unsuccessful, Plaintiffs Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Plaintiff serve the Complaint by certified and regular mail to the Defendant's last know address at 517 Kenwood Avenue, Merritt Island, FL 32952 and the mortgaged premises located at 4129 Enola Road, Newville, PA 17241; 2. 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; By the Court, "i.. M. L. Ebert, Jr., !\.. e.\O.J\ - \~Q\h"a.Y\ ~ Sch (l\~ Jfa~iel Schmieg, Esquire U \ Attorney for Plaintiff '-l bas J. V1f\lVAlASNN3d i 'N,nt'.'-' :"'"'i~""^'n"" ,u. , iI-I,' . ,; ,:::':JY ~l V SS :8 Wd LI A\lW SaUl Ai:lVlONOHIOUd 3Hl .:10 3:)1:l~o--a311:l 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 Wells Fargo Bank, N.A. Plaintiff A TTORNE FOR PLAINTIFF COURT OF CO MON PLEAS CIVIL DIVISIO vs. Larry A. Engberg Donna J. Mease Cumberland CO TY Defendant( s) : NO.06-919-Civi Term AFFIDAVIT OF SERVICE OF COMPLAI T BY MAIL PURSUANT TO COURT ORDE I hereby certifY that a true and correct copy of the Civil Action C mplaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certifi d mail, return receipt requested, to Donna J. Mease at RD 31479, alkla 4129 Enola Road, ewville, PA 1724] and 517 Kenwood Avenue, Merritt Island, FL 32952 on Mav 30. 2006, i accordance with the Order of Court dated Mav 17. 2006, The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unswom falsific tion to authorities. Date: May 30, 2006 __~ 5. .L(, FRANCIS S. HA LINAN, ESQUIRE Attorney for Plai tiff \.::--- ~ ,...., = c::;~ a' o -n -1 ::r:." m- -cl~ :ny ~'A~'?f ()~ ",,.("1 Urn ...1 ?O ;..c :;to: ;;<;;:p -< w :p='" ::r..: - (J1 .. PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S, HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. A TTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Larry A. Engberg Donna J. Mease Defendant(s) No. 06-919 PRAECIPE TO THE PROTHONOTARY: _Please mark the above referenced case Discontinued and Ended without prejudice. X Please mark the above referenced case Settled, Discontinued and Ended, Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: o1f-M1ic ~/?t!IJ'f~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS # 130968 f'..) C,J