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HomeMy WebLinkAbout07-1934 #20682-CS CFC Attorney for Plaintiff MARTHA E. VON ROSENSTIEL, P.C. .Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 SOUTH POINT, INC. : COURT OF COMMON PLEAS c/o Wilshire Credit Corporation : CUMBERLAND COUNTY 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff Vs. CHAD E BUBB AND NATASHA LYNN BUBB 607 East Winding Hill Road Mechanicsburg, PA 17055 Defendants r o Case No: • LEvl1 I' T f T- , Td CIVIL ACTION - MORTGAGE THIS IS AN ATTEMPT TO COLLECT A DEBT WILL BE USED FOR THAT NOTICE FORECLOSURE ANY INFORMATION OBTAINED PURPOSE ADVISO 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO. CUMBEKL,AND COUNTY BAR ASSOCIATIQW, W 2 LIBERTY AVENUE J W CARLISLE, PA 17013 f n TOM 717-249-3166 -- 800-990-9108 Ind whRr Af I h fi a set my har: d 6 at Ca>disle, Pa..? THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE 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. MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 SOUTH POINT, INC. c/o Wilshire Credit Corp 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB 607 East Winding Hill Road Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Case No: CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is South Point, Inc., a corporation organized and existing under federal law, with offices for the conduct of business c/o their servicing agent Wilshire Credit Corporation at 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005. 2. Defendants, Chad E. Bubb and Natasha Lynn Bubb are the mortgagors and real owners of premises 607 East Winding Hill Road, Mechanicsburg, PA 17055, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Mortgage Electronis Registration Systems, Inc. as Nominee for Wilmington Finance, Inc. on March 23, 2006, which mortgage was recorded on March 29, 2006 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1944, Page 4292, secured on premises 607 East Winding Hill Road, Mechanicsburg, PA 17055 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to the plaintiff herein. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from October 01, 2006 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $124,351.44 Interest from 9/1/2006to 4/5/2007 At $29.61 per diem $ 6,425.37 Accrued late charges to 4/5/2007 $ 97.58 Corporate Advances $ 171.00 Attorney's fee (50 of unpaid Principal Balance) $ 6,217.57 Title Information Certificate $ 515.00 Photostats and Postage $ 50.00 Notarizations $ 10.00 Suspense Balance ($ 13.80) TOTAL $137,844.16 9. 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 Sheriff's sale, reasonable attorney's fees will be charged based on work actually performed. 10. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $137,844.16, plus per diem interest at $29.61 from April 06, 2007 to the date of judgment plus costs thereon. Martha E. Von Rosenstiel Attorney for Plaintiff VERIFICATION MARTHA E. VON ROSENSTIEL, ESQUIRE, of full age, verifies that she is the attorney for the plaintiff in the foregoing action; that she is authorized to make this verification on behalf of plaintiff; and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. This verification is being executed by the attorney for plaintiff in accordance with Pa R.C.P. 1024(c) as a signed verification could not be obtained by plaintiff within the time allowed for filing of the pleading. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. LEGAL DESCRIPTION ALL THAT CERTAIN ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of D. P. Raffensperger Associates, dated September 17, 1980, as follows, to wit: BEGINNING at a point in the center of E. Winding Hill Road, a public road, said point being located one hundred ninety (190) feet from the intersection of E. Winding Hill Road and Breezewood Drive, thence along said centerline of E. Winding Hill Road, South 87 degrees West sixty-five and zero hundredths (65.0) feet to a point; thence North 3 degrees West one hundred sixty-two and fifty hundredths (162.50) feet to an iron pin, said iron pin being located at lands now or formerly, of Israel W. Miller; thence by lands now or formerly, of Israel W. Miller, North 87 degrees East sixty-five and zero hundredths (65.0) feet to an iron pin; thence South 3 degrees East one hundred sixty- two and fifty hundredths (162.50) feet to a point on the centerline of E. Winding Hill Road, a public road, the place of beginning. HAVING THEREON ERECTED a single family dwelling house being known and numbered as 607 East Winding Hill Road, Mechanicsburg, Pennsylvania. Tax Parcel #42-26-0245-026 EXHIBIT "<1 Wilshire Credit Corporation P.O.13ox 7195 Pasedena, CA 91109-7195 DATE: 3/6/07 20682-BP TO: Chad E Bubb and Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 FOR PROPERTY ADDRESS: 607 East Winding Hill Road Mechanicsburg, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FOR. CLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclosure. Specific information about the nature of the default is vrovided in the attached napes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving vour Countv are listed at the end of this Notice. If you have any auestions, you may call the Pennsylvania Housing Finance Aeencv toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). ?i .J? EXHIBIT This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S) Chad E Bubb and Natasha Lynn Bubb PROPERTY ADDRESS: 607 East Winding Hill Road. Mechanicsburg, PA 17055 LOAN ACCOUNT NO: #: 4019702 CURRENT LENDER/SERVICER: Wilshire Credit Corporation SERVICER FOR: South Point HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. •IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, •1F YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND •IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the homeowner-'s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it ui) to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 607 East Windine Hill Road. Mechanicsburg. PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments 10/01/06 to 03/05/07 @ $975.83 per month $5,854.98 Late Charges $ 107.58 Escrow advances $ 968.87 Corporate advances $ 171.00 NSF Charges $ 20.00 Suspense ($ 13.80) TOTAL AMOUNT PAST DUE $7,108.63 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made savable and sent to: Wilshire Credit Corporation 14523 SW Millikan Wav Suite 200, Beaverton, OR 97005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortp-aae debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to nay the mortgage in monthly installments If full payment of the total amount past due is not made within THIRTY (30) DAYS the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by pa nng the total amount then east due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately 8 months from the date set forth in this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender_ Wilshire Credit Corporation Address: 14523 SW Millikan Way, Suite 200. Beaverton. OR 97005 Phone Number: 1-800-635-9698 Contact Person: LOAN RESOLUTION DEPARTMENT EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _may or XX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: *TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTEHR LENDING INSTITUTION TO PAY OFF THIS DEBT. -TO HAVE THIS MORTGAGE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF *TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). *TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. •TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. •TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Homeowner's Emergency Mortgage Assistance Program - Consumer Credit Counseling Agencies Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 or 800.342.2397 IntercomPrint Page 1 of 1 desktop Prcw-ess Management Borrower Information: LYNN BUBB 607 E WINDING HILL RD MECHANICSBURG, Pennsylvania 17055 Intercom Message n Client Ref # 4019702 Vendor Ref # 20682 tm From: Flores, Cindy To: Pitts, Bill (at-vonr) CC: Date: 3/2/2007 2:54:00 PM Subject: Re: ACT Letters for Loan #4019702. File #20682 tm. Type: General Message: Hi Bill. We only have letters for Natasha Lynn Bubb, which have been uploaded. Please re-issue to Chad E. Bubb. Thanks _Print th is page 3/2/2007 https://newtrak.com/NewTrak/IntercomPrint.aspx T 46 \ v A` W ? T 7a 0 N t ` : i7 SHERIFF'S RETURN - REGULAR f CASE NO: 2007-01934 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOUTH POINT INC VS BUBB CHAD E 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 BUBB CHAD E the DEFENDANT , at 1831:00 HOURS, on the 23rd day of April 2007 at 607 EAST WINDING HILL ROAD MECHANICSBURG, PA 17055 by handing to NATASHA BUBB, 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 18.00 Service 12.48 Affidavit .00 Surcharge 10.00 .00 40.48 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 04/24/2007 MARTHA VON ROSENSTIEL By. A. D. SHERIFF'S RETURN - REGULAR 4 CAZE NO: 2007-01934 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOUTH POINT INC VS BUBB CHAD E 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 DTTDM TTArrACT-TA T.VATAT the DEFENDANT , at 1831:00 HOURS, on the 23rd day of April 2007 at 607 EAST WINDING HILL ROAD MECHANICSBURG, PA 17055 NATASHA BUBB by handing to 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 q; 310 So Answers: 6.00 .00 -000po. .00 10.00 R. Thomas Kline .00 6 01. 0i 04/24/2007 MARTHA VON ROSENSTIEL Sworn and Subscibed to By: before me this day of A.D. p y e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOUTH POINT c/o Wilshire Credit Corporation 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff V. . NO. 07-1934 civil term CHAD E BUBB AND NATASHA LYNN BUBB 607 East Winding Hill Road Mechanicsburg, PA 17055 Defendants To the Prothonotary: PRAECIPE FOR DEFAULT JUDGMENT (XX) Enter judgment in favor of Plaintiff and against: Chad E Bubb and Natasha Lynn Bubb for want of an answer. (X) Assess Damages as Follows Debt Interest from 4/7/07 to 5/27/08 At $29.61 per diem Total $ 137,844.16 $ 12,347.37 $ 150,191.53 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment ' to be entered and to their attorney of record, if any, after the default occurred and at least (10) d s prior to the date of the filing of this Praecipe. A copy of the Notice is attached.,R.C.P. 237.1 Attorney for Plaintiff Martha E. Von Rosenstiel Attorney I.D. #52634 Print/Type Name and ID Number Phone: (610) 328-2887 This eday of " , 2008 judgment is entered in favor of the Plaintiff and against Defendant(s), Chad E Bubb and Natasha Lynn Bubb by default for want of an answer and damages assessed at the sum of $150,191.53 as per the ove certifica ' n. Pro otaryerlan County #20682CTD - SS 0 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff SOUTH POINT COURT OF COMMON PLEAS c/o Wilshire Credit Corp 14523 SW Millikan CUMBERLAND COUNTY Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB : 607 East Winding Hill Road Mechanicsburg, PA 17055 Defendant TO: Chad E Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Case No: 07-1934 civil term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIA 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 -90-990-9108 Martha E. Von Rosenstiel Attorney for Plaintiff Dated: May 15, 2008 #20682-CS CTD Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff SOUTH POINT : COURT OF COMMON PLEAS c/o Wilshire Credit Corp 14523 SW Millikan CUMBERLAND COUNTY Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB 607 East Winding Hill Road Mechanicsburg, PA 17055 Defendant TO: Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 : Case No: 07-1934 civil term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIA' 2 LIBERTY AVENUE CARLISLE, PA 17013 71Z;21-3166 0-9108 Martha E. Von Rosenstiel Attorney for Plaintiff Dated: May 15, 2008 #20682CFJ-AB Martha E. Von Rosenstiel, P.C Martha E. Von Rosenstiel 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTH POINT c/o Wilshire Credit Corporation 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB 607 East Winding Hill Road Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No: 07-1934 civil term NON MILITARY AFFIDAVIT Martha E. Von Rosenstiel, Esquire hereby certifies that: 1. I am the attorney for the plaintiff herein. 2. The individuals involved in this action are the owners of the premises described in the mortgage underlying this action. 3. The procedures of the Law Office of Martha E. Von Rosenstiel, P.C. are designed to discover facts concerning the military status of the mortgagors and/or real owners. 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense, has confirmed that the defendants are not in the military. 6. On information and belief, named mortgagors and real owners are not incompete nor service members in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. px. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C?S 4904 relating to unworn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff May 27, 2008: ? ?? ?? c?? ' ?_`7 Tl ? ? (, ? _ ? C? 0 0 ? i r -? ? ? ? ? ' , ?? ? ? ?, c .? ?:. .. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 Curt Long, Prothonotary Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 SOUTH POINT c/o Wilshire Credit Corporation 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-1934 CIVIL TERM VS. CHAD E BUBB AND NATASHA LYNN BUBB 607 East Winding Hill Road Mechanicsburg, PA 17055 Defendants Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $150,191.53 on May 27, 2008. Curt Long Prothonotary ? Judgment by Default ? 5? o Money Judgment Judgment in Replevin Judgment for Possession F] Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney Martha E. Von Rosenstiel, Esquire at this telephone number: 610-328-2887. , OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 Curt Long, Prothonotary Chad E Bubb 607 East Winding Hill Road Mechanicsburg, PA17055 SOUTH POINT c/o Wilshire Credit Corporation 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB 607 East Winding Hill Road Mechanicsburg, PA 17055 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-1934 CIVIL TERM Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $150,191.53 on May 27, 2008. Curt Long Prothonotary ?X Judgment by Default Now -/I F Money Judgment A /a 7 8 Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney Martha E. Von Rosenstiel, Esquire at this telephone number: 610-328-2887. f Commonwealth of Pennsylvania COUNTY OF CUMBERLAND SOUTH POINT V. CHAD E BUBB AND NATASHA LYNN BUBB 1o0'7 E. M odir, Rill Pd M6Ch&(%(0S60r3 , AN 1-7055 Praecipe for TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST from 5/28/2008 to 12/10/2008 At 6% TOTAL* *Plus costs to be endorsed 20682CWE-DN COURT OF COMMON PLEAS DOCKET NO-07-1934 civil term ATTORNEY I.D. #52634 Writ of Execution $ 150,t#1.53 $ $ /4,863.93 5,055.46 Martha E. Von Rosenstiel Attorney for Plaintiff ?y 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 D self -{fie following described proper . PREM: 607 East Winding Hill Road, Mechanicsburg, PA 17055 4 tea' `6? ?. Sb O 8 Q, DO 00 0QO00 o a m r p I'D cf) V ?s `'" a a M ?n ern h oo C? CD O ..a > < re as ?t on .? O? Z Lei C? .21 ?U c tx' o? O O •V ? > O¢ N o? O L F? ° v W A N • . ?• ?" r? 00 cC W y M Z ¢z °? ?s Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTH POINT Plaintiff vs. #20682CAM - DN Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CHAD E BUBB AND NATASHA LYNN NO: 07-1934 CIVIL TERM BUBB Defendant(s) AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 607 East Winding Hill Road, Mechanicsburg, PA 17055: 1. Name and address of owners(s) or reputed owner(s) Chad E Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Chad E Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: Mortgage Electronic Registration Systems, Inc. as nominee for Wilmington Finance Inc. P. 0. Box 2026 Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim I Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Dept of Revenue Inheritance Tax Bureau Strawberry Square, 11th Floor Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 Bureau of Compliance Clearance Support Section Attn: Sheriff Sale Dept 281230 Harrisburg, PA 17129 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Occupant 607 East Winding Hill Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true an? correct to the best of my personal knowledge or information and belief. I understand that false state ents herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsw,4 falsification to a horities. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: June 02, 2008 r --uss f? Phone: 610-328-2887 Attorney I.D. #52634 SOUTH POINT Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 07-1934 civil term CERTIFICATE TO THE SHERIFF I hereby certify that I am the attorney of record for the plaintiff in this action again real property and further certify that this property is: FHA - Tenant Occupied or Vacant Commercial As a result of a Complaint in Assumpsit FW That the plaintiff has complied in all respects with Section 403 of the Mortgage Assistance Act including, but not limited to: (a) Service of the Notice on the Defendants (b) Expiration of the 30 days since Service of the Notice (c) Defendants' failure to request or appear at meeting with mortgagee or Consumer Credit Counseling Agency (d) Defendants' Failure to file application with the Emergency Assistance Program tement given a I further agree to indemnify and hold harmless the Sheriff for any false It herein. Martha E. Von Rosenstiel Attorney for Plaintiff N CZ3 00 k ri'y 20682CAM-DN Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTH POINT Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No: 07-1934 civil term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 607 East Winding Hill Road Mechanicsburg, PA 17055 will be sold by the Sheriff of Cumberland County on Date of Sale: December 10, 2008 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 07-1934 civil term in the Court of Common Pleas of Cumberland County by South Point, Plaintiff against Chad E Bubb and Natasha Lynn Bubb, Defendant(s). Judgment was entered on May 271 2008 in the amount of $150,191.53. The property was seized and taken in execution as the property of Chad E Bubb and Natasha Lynn Bubb. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of D. P Raffensperger Associates, dated September 17, 1980, as follows, to wit: BEGINNING at a point in the center of E. Winding Hill Road, a public road, said point being located one hundred ninety (190) feet from the intersection of E. Winding Hill Road and Breezewood Drive, thence along said centerline of E. Winding Hill Road, South 87 degrees West sixty-five and zero hundredths (65.0) feet to a point; thence North 3 degrees West one hundred sixty-two and fifty hundredths (162.50) feet to an iron pin, said iron pin being located at lands now or formerly, of Israel W. Miller; thence by lands now or formerly, of Israel W. Miller, North 87 degrees East sixty-five and zero hundredths (65.0) feet to an iron pin; thence South 3 degrees East one hundred sixty-two and fifty hundredths (162.50) feet to a point on the centerline of E. Winding Hill Road, a public road, the place of beginning. HAVING THEREON ERECTED a single family dwelling house being known and numbered as 607 East Winding Hill Road, Mechanicsburg, Pennsylvania. Tax Parcel #42-26-0245-026 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 07-1934 civil term. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. R. Thomas Kline, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1934 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOUTH POINT, Plaintiff (s) From CHAD E. BUBB and NATASHA LYNN BUBB (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $150,191.53 L.L.$ 0.50 Interest from 5/28/08 to 12/10/08 at 6% -- $4,863.93 Atty's Comm % Due Prothy $2.00 Atty Paid $175.48 Plaintiff Paid Date: 6/04/08 (Seal) Other Costs to be endorsed rothonotary By: Deputy REQUESTING PARTY: Name: MARTHA E. VON ROSENSTIEL, ESQUIRE Address: MARTHA E. VON ROSENSTIEL, P.C. 649 SOUTH AVENUE, UNIT 6 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTH POINT Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB #20682CAM - DN Attorney for Plaintiff 1? COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-1934 CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, hereby verifies that on June 11, 2008 , true and correct copies of the Notice of Sheriff's Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. I verify that the statements made in this affidavit are true and correct to the best of my, knowledge or information and belief. I understand that false statements herein are t} ade subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to a horities. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: June 02, 2008 420682-CWE-DN Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 m o OA pcco of ? N OD 3 n ny G >-nS ° 7+N, - -P N`- Cep H? Oc?Z ¢1 C.) W ? su p S. C7 N .ac - n ai -0 C p y ?? c sU C) 3. cc p m -o 0 0 9 cr: .s co a - 0 S co-.?o- s N CD ;3k o° o at; o y s Z -o Z m -.? cai 3. w N r cn ?' c coS Cs a ?a, ° ?. e fa c m07a-ooyy° - -•? C >c. co r.?709D 2 -S ?N GXW C ?y?e?'?.n ^ 00 W m Wid.-4 .a a N r_ , CT > t!+ lD N o o y o? O,,oG? ?No, 7D ,W? c?o '" to ??'"o^n o ? c i a$ B (.0 ol`a To >+? coo ? me ? y. °° n W C) v) B (D o n n o cu 5 4 CD q 00- iG, 4? tn t? N p 17 + r c~ n p ? ? n 7 l0 ?? ?Q ?R,\MOS ro ?o 9 m mil// 2 $ a d 70 I& ah Olt v Ig-9998 0 ?q G [] o Its ? o ? obi n 83' ri?t0 •° C 4? ?^p ? V1J1'} m c- QQ 4 V Vr O N ?? (fl - Er Q c9 f w c ? ? m. ? yNp 40 j Q ?ppN N. O? ? ?v Y C" C- Fri ko a Z w PLAINTIFF: South Point DEFENDANT Chad E Bubb and Natasha Lynn Bubb SERVE UPON: Chad E Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 AFFIDAVIT OF SERVICE COURT OF COMMON PLEAS Cumberland COUNTY COURT NO. 07-1934 civil term 20682-DN TYPE OF ACTION XX WRIT OF EXECUTION AND NOTICE OF SHERIFF'S SALE }2o A o , adult fa+aily member with whom Defendant resides. ant resides. Agent or person in charge of Defendant's office Relationship is 1 or usual place of business. Adult in Charge of Defendant's f Other to Description: Age Height IUD ?? Weight_ _ 0 Race W Sex M Other AAq a competent adult, being duly swom according to law, depose and state that 1 personally handed to a true and correct copy of the WRIT OF EXECUTION AND NOTICE OF SHERIFF'S SALE issued in the captioned case on the date and at the address indicated above. Swore bscribe7 da before e th v? vp:i4 of Notary Sy: Z aw-4 NOT On t day of 20at o'clock M., Defendant NOT FOUND because: NOWY Public Unknown No Answer Vacant FA 14 a P App, 111111111900 ExpJlros ? f Date of Attempt: t? before me this day of 200_ Notary: By: ATTORNEY Martha E. Von Rosenstiel, P.C. 469 South Avenue, Unit 7, Secane, PA 19018 610-328-2887 9 SPECIAL INSTRUCTIONS: SERVE DEFENDANT PERSONALLY OR ADULT IN CHARGE OF PREMISES cGRvFn ev 9 y a ?h i lf rO a a AFFIDAVIT OF SERVICE PLAINTIFF: South Point DEFENDANT Chad E Bubb and Natasha Lynn Bubb SERVE UPON: Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 SPECIAL INSTRUCTIONS: SERVE DEFENDANT PERSONALLY OR ADULT IN CHARGE OF PREMISES (),j A P, personally served. Manager/Clerk of place of lodging in which ily member with whom Defendant resides. :s. Agent or person in charge of Defendant's office is us 3q w D or usual place of business, .barge of Defendant's Other Description: Age , ?0 pHeight s ? (b Weighty Race w Sex M Other 1 0 A-u3 / v1 L L a competent adult, being duly sworn according to law, depose and -9 1 -11? A state that I personally handed to a true and correct copy of the WRIT OF EXECUTION AND NOTICE OF SHERIFF'S SALE issued in the captioned case on the date and at the address indicated above. Syjreu bsCy beday_ of 20 ?/ No N day of 20l, at o'clock M., Defendant NOT FOUND because: Public ATTORNEY Martha E. Von Rosenstiel, P.C. 469 South Avenue, Unit 7 Secane, PA 19018 610-328-2887 COURT OF COMMON PLEAS Cumberland COUNTY COURT NO. 07-1934 civil term 20682-DN TYPE OFACUON XX WRIT OF EXECUTION AND NOTICE OF SHERIFF'S SALE before me this day of 200_ Notary: By: y..,? s? °("1 t::?"? ?`? ? ? f"S ? t +. ? ' ?.., - , +y ? [ ?' i •-a ,. t :: ? , .:.. ? { = ,, 9 '. .. .r. ? J #20682-CMS-DN Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 P.O. Box 822 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 SOUTH POINT Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 07-1934 civil term MOTION TO REASSESS DAMAGES IN MORTGAGE FORECLOSURE TO THE HONORABLE JUDGES OF THE SAID COURT: Movant, by its counsel, Martha E. Von Rosenstiel, Esquire, moves this Honorable Court for an Order to reassess damages in the above-referenced Mortgage Foreclosure action and in support thereof avers the following: 1. The Plaintiff filed its Complaint in Mortgage Foreclosure against the Chad E Bubb and Natasha Lynn Bubb on or about April 10, 2007, for the failure to make monthly mortgage payments due October 1, 2006 for the property located at 607 East Winding Hill Road, Mechanicsburg, PA 17055 (hereinafter "Subject Premises")(Exhibit I). 2. The foreclosure was placed on hold from May 1, 2007 to May 8, 2008 as the defendants were working with PHFA during this time. 3. Per PHFA the defendants were denied assistance on May 8, 2008, and foreclosure proceedings resumed. 4. For the Defendant(s)' failure to file a responsive pleading to Plaintiff s Complaint, an in rem default judgment was obtained on May 27, 2008, damages were assessed, and the property was scheduled for Sheriffs sale on December 10, 2008. A true and correct copy of the default judgment is attached hereto, made part hereof and marked as Exhibit II. 5. In the months between the filing of the mortgage foreclosure complaint and the present, mortgagors have made no payments. 6. During the months between the filing of the Complaint in Mortgage Foreclosure and the present, additional mortgage payments have become due and the amount of interest, reimbursement for escrow advances and attorney's fees and costs has increased. 7. The present state of the delinquency is as follows: Principal balance $ 124,351.44 Interest from 9/1/2006 to 10/6/2008 At $29.61 per diem $ 22,710.87 Accrued late charges per Complaint $ 97.58 Escrow Overdraft $ 2,780.60 Escrow Advance Interest $ 131.33 Paid Foreclosure Attorney's fees $ 1,350.00 Unpaid Foreclosure Attorney's fees $ 375.00 Paid Foreclosure Costs $ 2,979.70 Inspections $ 146.50 Returned Check Charges $ 20.00 Speedpay Charges $ 10.00 Valuations $ 422.00 Credit for unapplied funds ($ 13.80 Total $ 155,361.22 8. In order to reassess, the Plaintiff seeks the Court's permission to reassess the amount of the judgment entered on May 27, 2008, to include additional monies that have become due and owing on the Defendant(s)' mortgage loan. 9. If the Plaintiff were not granted reassessment of damages in this matter, the Plaintiff would be severely prejudiced in that it would not be able to recoup those amounts advanced by the Plaintiff in order to protect its security interests as well as those amounts currently due and owing by the Defendant(s). WHEREFORE, plaintiff respectfully prays that the Court issue an Order permitting reassessment of damages in accordance with the above statement, plus ite 'zed per diem interest from October 7, 2008 at $29.61per diem to the date of sale, plus current osts of suit. Martha E. Von Rosenstiel Attorney for Plaintiff 20682-CMS-DN Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 P.O. Box 822 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 SOUTH POINT COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff VS. Case No: 07-1934 civil term CHAD E BUBB AND NATASHA LYNN BUBB Defendant(s) BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES IN MORTGAGE FORECLOSURE Movant, by its counsel, Martha E. Von Rosenstiel, Esquire, moves this Honorable Court for an Order to reassess damages in the above-referenced matter and in support thereof avers the following: 1. FACTS The Plaintiff filed its Complaint in Mortgage Foreclosure against the Chad E Bubb and Natasha Lynn Bubb on or about April 10, 2007, for the Chad E Bubb and Natasha Lynn Bubb's failure to make monthly mortgage payments due October 1, 2006 for the property located at 607 East Winding Hill Road, Mechanicsburg, PA 17055 (hereinafter "Subject Premises")(Exhibit I). The foreclosure was placed on hold from May 1, 2007 to May 8, 2008 as the defendants were working with PHFA during this time. Per PHFA the defendants were denied assistance on May 8, 2008, and foreclosure proceedings resumed. For the Defendant(s)' failure to file a responsive pleading to Plaintiff's Complaint, an in rem default judgment was obtained on May 27, 2008, damages were assessed, and the property was scheduled for Sheriff's sale on December 10, 2008. A true and correct copy of the default judgment is attached hereto, made part hereof and marked as Exhibit II. II. ARGUMENT Under Rule 1037 (b) of the Pennsylvania Rules of Civil Procedure, the Prothonotary is authorized to enter a default judgment when the Complaint sets forth exact amounts, which defendants owe, if they fail to answer the Complaint within the prescribed time. In the instant case, damages were assessed by the Prothonotary. However, since the original assessment of damages, additional has accrued, and Plaintiff has expended funds for taxes, insurance and attorney's fees and costs. The Court in Morgan Guaranty Trust Company of New York v. Mowl, 705 A.2d. 923 (1998), stated that "the mortgagee is required to petition the court and provide notice and an opportunity to be heard to the mortgagors if the mortgagee wants to increase the amount of the judgment before it is satisfied." Plaintiff was required to pay any tax and insurance premiums in order to protect its security interest. Additionally, Plaintiff has had to expend additional funds to prosecute the instant mortgage foreclosure action. Plaintiff has itemized the amounts in its attached Motion, the current amounts due and owing by the. Defendant(s), which it seeks to recover in accordance with the mortgage. If the Plaintiff were not granted reassessment of damages in this matter, the Plaintiff would be severely prejudice in that it would not be able to recoup those amounts advanced by the Plaintiff in order to protect its security interest in the property as well as those amounts currently due and owing by the Defendant(s). WHEREFORE, Plaintiff respectfully request that the Court issue an Order granting Plaintiff's Motion to Reassess Damages in Mortgage Foreclosure in accordance with the above statement, plus itemized per diem interest from October 7, 2008 at $29.61 per di o the date of sale and current costs of the suit. [artha E. Von Rosenstiel 6rney for Plaintiff Date: October 6, 2008 VERIFICATION Martha E. Von Rosenstiel, Esquire, of full age, verifies that she is the attorney for the plaintiff in the foregoing action; that she is authorized to make this verification on behalf of the plaintiff; and that she is fully familiar with the facts in this matter; that she has prepared the foregoing Motion to Reassess Damages in Mortgage Foreclosure from the facts which are her own personal knowledge, and that the facts are true and correct to the best of her knowledge, information and belief. Dated: October 06, 2008 #20682-CS CFC • MARTHA E. VON ROSENSTIEL, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 SOUTH POINT, INC. : COURT OF COMMON PLEAS c/o Wilshire Credit Corporation : CUMBERLAND COUNTY 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 ??1? Case No: d7 " ??J3 C"" Plaintiff V S . ?., i7l CHAD E BUBB AND NATASHA LYNN BUBB - "- 607 East Winding Hill Road r _ = '= Mechanicsburg, PA 17055 •- Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. rl TMRAR1.ANn rOl TNTY Le ban demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notification. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la cone toma ra medides y puede continuer la demands en contra Buys sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y requiem que usted cumpla con todas las provisions de esta dernanda. Usted puede perder dinero 0 sus propiedades o otros de rechos irnportantes pars usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO. ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 -- 800-990-9108 EXHIBIT THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE 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. MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 SOUTH POINT, INC. c/o Wilshire Credit Corp 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB 607 East Winding Hill Road Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is South Point, Inc., a corporation organized and existing under federal law, with offices for the conduct of business c/o their servicing agent Wilshire Credit Corporation at 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005. 2. Defendants, Chad E. Bubb and Natasha. Lynn Bubb are the mortgagors and real owners of premises 607 East Winding Hill Road, Mechanicsburg, PA 17055, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Mortgage Electronis Registration Systems, Inc. as Nominee for Wilmington Finance, Inc. on March 23, 2006, which mortgage was recorded on March 29, 2006 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1944, Page 4292, secured on premises 607 East Winding Hill Road, Mechanicsburg, PA 17055 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to the plaintiff herein. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from October 01, 2006 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $124,351.44 Interest from 9/1/2006to 4/5/2007 At $29.61 per diem $ 6,425.37 Accrued late charges to 4/5/2007 $ 97.58 Corporate Advances $ 171.00 Attorney's fee (5% of unpaid Principal Balance) $ 6,217.57 Title Information Certificate $ 515.00 Photostats and Postage $ 50.00 Notarizations $ 10.00 Suspense Balance ($ 13.80) TOTAL $137,844.16 9. 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 Sheriff's sale, reasonable attorney's fees will be charged based on work actually performed. 10. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $137,844.16, plus per diem interest at $29.61 from April 06, 2007 to the date of-judgment plus costs tr Martha E. Von Rosenstiel Attorney for Plaintiff VERIFICATION MARTHA E. VON ROSENSTIEL, ESQUIRE, of full age, verifies that she is the attorney for the plaintiff in the foregoing action; that she is authorized to make this verification on behalf of plaintiff; and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. This verification is being executed by the attorney for plaintiff in accordance with Pa R.C.P. 1024(c) as a signed verification could not be obtained by plaintiff within the time allowed for filing of the pleading. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. artha E. Von Rosenstiel #20682-CMS-DN Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 Attorney for Plaintiff SOUTH POINT Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB Defendant COURT OF COMMON PLEAS CUMBERLAND County Case No: 07-1934 civil term CERTIFICATION OF GOOD FAITH I, MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff, hereby certify that I have made a good faith effort to give all parties affected by this Motion notice which was sent by United States Mail, first class, postage prepared on October ) , 2008, upon the following parties: Chad E Bubb and Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Martha E. Von Rosenstiel Attorney for Petitioner Dated: October 06, 2008 Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel 649 South Avenue, Unit 6 P.O. BOX 822 Secane, PA 19018 (610) 328-2887 Attorney I.D. # 52634 SOUTH POINT COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff VS. : No: 07-1934 civil term CHAD E BUBB AND NATASHA LYNN BUBB Defendants CERTIFICATE OF SERVICE Martha E. Von Rosenstiel, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Motion to Reassess the Damages, brief in support thereof, attached exhibits, and proposed order in the above matter was made upon the following: Chad E Bubb and Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 by regular first class mail, postage prepaid, deposited with the United States Postal Service on fa l o This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to falsification to authorities. /I Martha E. Von Rosenstiel, Esquire Attorney for Plaintiff Dated: 10/6/2008 MAY BE USED FOR DOMESTIC AND INTER PROVIDE FOR INSURANCE-POSTMASTER Reciived From: MARTHA VON ROSE 649 SOUTH AVENUE UNIT 7 SECANE, PA 19018 One piece of ordinary mail addressed to: CHAD E BUBB AND NATASHA LYNN BUBB fee hen: in stamps 02 1F rauv-l.1UU 00026640 9 OC; 07 2008 MAILED FR M ZIP CODE 1 901 8 607 East Winding Hill Road Mechanicsburg, PA 17055 PS Form 3817, Mar. 1989 N 4'yhb6-???., G t -Z.. ss so w '66 LEGAL DESCRIPTION ALL THAT CERTAIN ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of D. P. Raffensperger Associates, dated September 17, 1980, as follows, to wit: BEGINNING at a point in the center of E. Winding Hill Road, a public road, said point being located one hundred ninety (190) feet from the intersection of E. Winding Hill Road and Breezewood Drive, thence along said centerline of E. Winding Hill Road, South 87 degrees West sixty-five and zero hundredths (65.0) feet to a point; thence North 3 degrees West one hundred sixty-two and fifty hundredths (162.50) feet to. an iron pin, said iron pin being located at lands now or formerly, of Israel W. Miller; thence by lands now or formerly, of Israel W. Miller, North 87 degrees East sixty-five and zero hundredths (65.0) feet to an iron pin; thence South 3 degrees East one hundred sixty- two and fifty hundredths (162.50) feet to a point on the centerline of E. Winding Hill Road, a public road, the place of beginning. HAVING THEREON ERECTED a single family dwelling house being known and numbered as 607 East Winding Hill Road, Mechanicsburg, Pennsylvania. Tax Parcel #42-26-0245-026 EXHIBIT Wilshire Credit Corporation P.O. Box 7195 Pasedena, CA 91109-7195 DATE: 3/6/07 20682-BP TO: Chad E Bubb and Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 FOR PROPERTY ADDRESS: 607 East Winding Hill Road Mechanicsburg, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FOR ECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclosure. Specific information about the nature of the default is provided in the attached napes The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving lour County are listed at the end of this Notice. If you have any questions. You may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). EXHIBIT This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION EMWEDITAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S) Chad E Bubb and Natasha Lynn Bubb PROPERTY ADDRESS: 607 East Winding Hill Road, Mechanicsburg, PA 17055 LOAN ACCOUNT NO: #: 4019702 CURRENT LENDER/SERVICER: Wilshire Credit Corporation SERVICER FOR: South Point HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. -IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, -IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND -IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the pronertv is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the lomeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. . AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 607 East Winding Hill Road. Mechanicsburg. PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments 10/01 /06 to 03/05/07 @ $975.83 per month $5,854.98 Late Charges $ 107.58 Escrow advances . $ 968.87 Corporate advances $ 171.00 NSF Charges $ 20.00 Suspense ($ 13.80) TOTAL AMOUNT PAST DUE $7,108.63 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ PL US ANY MORTGAGE PA YMENTS AND LATE CHARGES WHICH BECOME D UE D URING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent to: Wilshire Credit Corporation 14523 SW Millikan Way Suite 200, Beaverton, OR 97005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY Period, you will not be required to Pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ri t to cure the default and prevent the sale at any time up to one hour before the Sheriff's Salk You may do so b?paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 8 months from the date set forth in this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Wilshire Credit Corporation Address: 14523 SW Millikan Way, Suite 200; Beaverton, OR 97005 Phone Number: 1-800-635-9698 Contact Person: LOAN RESOLUTION DEPARTMENT EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _may or XX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney" fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: -TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTEHR LENDING INSTITUTION TO PAY OFF THIS DEBT. -TO HAVE THIS MORTGAGE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF -TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). -TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. -TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. -TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Homeowner's Emergency Mortgage Assistance Program - Consumer Credit Counseling Agencies 1 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 or 800.342.2397 ?- 4t?t e O P M 'r, -- ----------- --- p -,_ r Q M Fu --- G ,- ----Cbai?-E -B?bb ------ R : ---- - --. 607-East.Winding Hill Road cc: !" ° ' - c? Mechanicsburg, PA. 17055 , --------- _... o CERTIFICATE OF MAILINt3r` U.S. POSTAL SERVICE NOT MAY BE USED FOR DOMESTIC AND INTER PROVIDE FOR INSURANCE-POSTMASTE EDI Rec eived From MARTHA VON RO cc2664C" 649 SOUTH AVENUE AILED FRO UNIT 7 SECANE, PA 19018 One piece of ordinary mail addressed to: C ??I ?l- slF .I??T1 RS e a 1-5 M Lr) ? c F E,- ??/ Jl J -`F - Na#asMa L-yri-$t?bb- - 607-_Fast_Windin g.Hi1I.R.oad.... . ? I ? rEE F ;. 't `.. , E , Mechanicsburg, _PA. 17055 _ l;l .ail Affix fee here in stamps .Or meter postage and PhWnummolaffilk of st00.95o N;AF OE 20c- ZiPCODE 1190- ! ? a as . a Lynn u ff 607 E-"* ,?:.,.. u:'I Rnad ?o_? Mechanicsburg, PA. 17055 PS Form 3817, Mar-1989 MAY BE USED FOR DOMESTIC AND INTERI PROVIDE FOR INSURANCE-POSTMASTER Received From UNIT 7 SECANE, PA 19018 One piece of ordinary mail addressed to: I" Affix fee here in stamps f 1r meter postage and € 8?1 of pent c F `000.95() 00C2664,-,, MAP OE 20,7 MAILED FRO ; LI.F (1 COC`_ '? Ghad E. u - t+7 C..?t Uljinrlinn Hill G?, -t Mechanicsburg, PA. 17055 MARTHA VON ROSM 649 SOUTH A MAR (1 7 tool PS Form 3817, Mar.1989 Ilk- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOUTH POINT c/o Wilshire Credit corporation 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff V. NO. 07-1934 civil term CHAD E BUBB AND NATASHA LYNN BUBB 607 East Winding Hill Road Mechanicsburg, PA 17055 s l Defendants PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: ( ) Enter judgment in favor of Plaintiff and against: Chad E Bubb and-Natasha Lein Bubb for want of an answer. (X) Assess Damages as Follows 137,844.16 Debt $ Interest from 4/7/07 to 5/27/08 $ 42,347.37 At $29.61 per diem $ 150; Total 191.53 IS FOR SPEC FIE I CERTIFY THAT THE FOREGOING ASSESSMENT HE COMPLAINT DAND 1S CALCULABLEIAS AD SUM AMOUNTS ALLEGED TO BE DUE IN T CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this dgmen their ered Praecipe was mailed or delivered to the parties against a ai 0? d t s prior to tthe daand of the filing attorney of record, if any, after the default occurred of this Praecipe. A copy of the Notice is attachedJ.C.P. 237.1 Attorney for Plaintiff F Martha E. Von Rosenstiel Attorney I.D. #52634 Pri nt/T e Name and ID Number Phone: (610) 328-2887 L,. This A' day of , 2008 judgment is entered in favor of the Plaintiff and against Defendant(s), Chad E Bubb and Natasha Lynn Bubb by default for want of an answer and damages assessed at the sum of $150,191.53 as per the ove certifica ' n. Pro notary 1 d County ?XHI?IT #20682CTD - SS Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel 649 South Avenue, P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 SOUTH POINT COURT OF COMMON PLEAS c/o Wilshire Credit Corp 14523 SW Millikan CUMBERLAND COUNTY Way, Suite 200 Beaverton, OR 97005 Plaintiff Case No: 07-1934 civil term vs. CHAD E BUBB AND NATASHA LYNN BUBB : 607 East Winding Hill Road Mechanicsburg, PA 17055 Defendant TO: Chad E Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIA 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ."0-990-9108 Martha E. Von Rosenstiel Attorney for Plaintiff Dated: May 15, 2008 #20682-CS CTD Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 SOUTH POINT C/o Wilshire Credit Corp 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB 607 East Winding Hill Road Mechanicsburg, PA 17055 Defendant TO: Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 07-1934 civil term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. THIS OFFICE CAN PROVIDE YOU WITH R, GO YOU TAKE THIS THE OFFICE SETOFOA LAWYER AT RTH BELOW. ONCE. TO OR TELEPHONE INFORMATION ABOUT HIRING A LAWYER. SONS ATH IF YOU CANNOT OUT AGENCIES THAT MAY OFFER LEGAL SERVIC SBTO ELIGIBLE PROVIDE INFORMATION A A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIA 2 LIBERTY AVENUE CARLISLE, PA 17013 717- -3166 SMAO-9108 Martha E. Von Rosenstiel Attorney for Plaintiff Dated: May 15, 2008 #20682CFJ-AB Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney 1.D.# 52634 SOUTH POINT c/o Wilshire Credit Corporation 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 07-1934 civil term CHAD E BUBB AND NATASHA LYNN BUBB 607 East Winding Hill Road Mechanicsburg, PA 1.7055 Defendants NON MILITARY AFFIDAVIT Martha E. Von Rosenstiel, Esquire hereby certifies that: 1. 1 am the attorney for the plaintiff herein. 2. The individuals involved in this action are the owners of the premises described in the mortgage underlying this action. 3. The procedures of the Law Office of Martha E. Von Rosenstiel, P.C. are designed to discover facts concerning the military status of the mortgagors and/or real owners. 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense, has confirmed that the defendants are not in the military. 6. On information and belief, named mortgagors and real owners are not incompete nor service members in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. 7px. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C.S 4904 relating to unworn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff May 27,2008: OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, I Courthouse Square, Carlisle, PA 17013 Curt Long, Prothonotary Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 SOUTH POINT c/o Wilshire Credit Corporation 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : NO: 07-1934 CIVIL TERM vs. CHAD E BUBB AND NATASHA LYNN BUBB 607 East Winding Hill Road Mechanicsburg, PA 17055 Defendants Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $150,191.53 on May 27, 2008. Curt Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney Martha E. Von Rosenstiel, Esquire at this telephone number: 610-328-2887. 20682- CPG -DN (attach) Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610 328-2887 Attorney I.D. # 52634 SOUTH POINT Plaintiff Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY VS. No: 07-1934 civil term CHAD E BUBB AND NATASHA LYNN BUBB Defendants 208.3(a) TO THE PROTHONOTARY: Kindly attach this amendment containing paragraphs ten and eleven, to Plaintiff's Motion for Reassessment of Damages in order to comply with Local Rule 208.3(a). 10. No Judge has ruled upon any other issue in this action, or a related matter. 11. The concurrence of any opposing counsel of record was sought and the response of said counsel; provided, that this requirement shall not apply to preliminary objections, motions for judgment on pleadings, motions for summary judgment, petitions to o en or strike judgments, and motions for post-trial relief. Marth . Von Rosenstiel Attorney for Plaintiff Dated: October 10, 2008 ? f,' r caa SOUTH POINT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHAD E. BUBB AND NATASHA LYNN BUBB DEFENDANTS NO. 07-1934 CIVIL ORDER OF COURT AND NOW, this 30th day of October, 2008, upon consideration of the Motion to Reassess Damages in Mortgage Foreclosure filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before November 20, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, - ?? ?,x M. L. Ebert, Jr., J. ? Martha E. Von Rosenstiel, Esquire Attorney for Plaintiff /Chad E. Bubb Natasha Lynn Bubb Defendants bas tiles rnztbaL AJR CZ 0 Wd i C 130 SON -I L EO r Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTH POINT Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY : NO: 07-1934 CIVIL TERM 11 SUPPLEMENTAL AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, hereby verifies that on October 30, 2008, true and correct copies of the Notice of Sheriff's Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. Discover Bank 6500 New Albany Road New Albany, OH 43054 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authoritiesf Martha E. Von Rosenstiel ` Attorney for Plaintiff s Dated: October 30, 2008 #20682CAM - SS Attorney for Plaintiff MAY BE USED FOR DOI ESTIC AND INTERNATI 5,tr'?iy PROVIDE FOR rNSURANCE-POSTMASTER , 02 1P F-t Received From 000266 CT 30 2008 018 MMAILED P CODE 19 MARTHA VON ROSENSTIEL, P.C. 649 SOUTH AVENUE UNIT 7 SECANE, PA 19018 One piece of ordinary mail addressed to: Discover Bank 6500 New Albai q Road New Albany, OH 43054 =W PS Form 3917. Mar. 19R9 S P%- IN" BE USED FOR DOMESTIC AND rNTERNA PROVIDE FOR rNSURANCE-POSTMASTER Received F noM MARTHA VON ROSENSTIE L, A.C. 649 SOUTH AVENUE 02 1 P Pos 16rsw?00 00026 401&9 OCT 30 2008 MAILED ROM ZIPCODE 19018 UNIT 7 SECANE, PA 19018 One piece of ordinary mail addressed to: Upper Allen Township ourg 1 e MechanicsbuEg, pA 17055 Form 3817. Mar. 1999 ;5u-P n (9.-. ti o ,. N r rz } cn i 20682-dn csv certsvc rule to show cause Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 6 P.O. Box 822 Secane, PA 19018 (610) 328-2887 Attorney I.D. # 52634 Attorney for Plaintiff SOUTH POINT Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 07-1934 civil term Defendants CERTIFICATE OF SERVICE Martha E. Von Rosenstiel, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Rule to Show Cause was made upon the following: Chad E Bubb and Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 by regular first class mail, postage prepaid, deposited with the United States Postal Service on 11 /(P /() 2' . Proof of mailing is attached hereto as Exhibit I. ng to unsworn This verification is made subject to the penalties of 18 Pa.. ;forPla;intiff falsification to authorities. stiel, Esquire Attorney Dated: 11/5/2008 fee hen: in stamps MAY BE USED FOR DOMESTIC AND T?MRNAT PROVIDE FOR TNSITRANCE-POSTMASTE Received From: MARTHA VON ROSENJT It 649 SOUTH AVENUE ::) 'y Po 1?pt?r?9"a 02 1P re' ' A1.100 0002664 19 NOV 06 2006 MAILED F OM ZIP CODE 1 901 8 UNIT 7 pe SECANE, PA 19018 ?O H One piece of ordinary mail addressed to: N O _ C NATASHA LYNN BUBB 607 E Mechanicsburg, PA 17055 PA 00 ti o U SQL 1'S Form is IT Mar-1989 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 Phone: 610-328-2887 Attorney I.D. #52634 SOUTH POINT Plaintiff Attorney for Plaintiff/Movant COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CHAD E BUBB AND NATASHA LYNN BUBB Defendants Case No: 07-1934 civil term MOTION TO MAKE RULE ABSOLUTE 1. On October 13, 2008, a Petition to Reassess Damages together with a Rule to Show Cause why said Petition should not be granted was filed by counsel for South Point, Martha E. Von Rosenstiel, Esquire and served upon all parties. 2. Pursuant to said Petition, a Rule was entered on October 30, 2008, Returnable on November 20, 2008, by the Court of Common Please of Cumberland County. 3. Said Rule was served upon all counsel and unrepresented parties via first class mail by letter dated November 6, 2008. 4 To date, no party has filed a response or interposed any objection to the Petition. -- 5. Honorable M. L. Ebert, Jr. issued the Rule to Show Cause on October 30, 2008. There has been no other instance to date in which a judge has made a ruling in this action. 6. The concurrence of any opposing counsel of record was sought and the response of said counsel; provided, that this requirement shall not apply to preliminary objections, motions for judgment on pleadings, motions for summary judgment, petitions to open or strike judgments, and motions for post-trial relief. WHEREFORE, South Point and its counsel, Martha E. Von Rosenstiel, Esquire, respectfully request this Honorable Court to enter an Order making the Rule Absolute and granting leave to reassess damages to reflect amounts due plaintiff. Martha E. Von Rosenstiel, P.C.; BY: ,- - Martha E. Von Rosenstiel Attorney for Plainiff #20682-CMS-DN Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTH POINT COURT OF COMMON PLEAS CUMBERLAND County Plaintiff VS. Case No: 07-1934 civil term CHAD E BUBB AND NATASHA LYNN BUBB Defendant CERTIFICATION OF GOOD FAITH I, MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff, hereby certify that I have made a good faith effort to give all parties affected by this Motion notice which was sent by United States Mail, first class, postage prepared on cam( >> , upon the following parties: Chad E Bubb and Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Martha E. Von Rosenstiel Attorney for Petitioner Dated: November 21, 2008 20682- CSV Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610 328-2887 Attorney I.D. # 52634 SOUTH POINT Plaintiff vs. CHAD E BUBB AND NATASHA LYNN BUBB Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : Case No: 07-1934 civil term CERTIFICATION OF SERVICE MARTHA E. VON ROSENSTIEL, Esquire, hereby certifies that she is the attorney for the plaintiff herein and that service of the Motion to Make Rule Absolute and proposed Order Making Rule Absolute in the above matter was made on the Defendant(s) Chad E Bubb and Natasha Lynn Bubb, by regular first class mail, postage prepaid on Mn,lf,k? 2008 at 607 East Winding Hill Road, Mechanicsburg, PA 17055. This verification is made subject to the penalties of 18 Pa. C.S. Section relating to unsworn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff DATED: November 21, 2008 .. ... MAY BE t1SED FOR DOMESTIC AND pROviUE FOR INSURANCE-POSTM Affix fee hem in srarnps pr.,ra and fauire of RcccivedFrom: 02 r€' "?"?? i- I? 3?00286401 NOV 21 2008 MARTHA VON RO (RAILED FROM ZtPGQDE 19018 649 SOUTH AvENUE UNIT 7 SECANE PA 19018 One piece of ordinary mail addressed to: a? f ?q r 'v" a Chad E Bubb and Natasha Lynn Bubb x ?`;. 607 East Winding Hill Road r ?p?",?? Mechanicsburg, PA 97055 -- 3817, Mar.1989 R04 ?? ? , / c ms V, 46 VERIFICATION I verify that the statements made in the foregoing documents are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff Y/ Dated: November 21, 2008 ?? ; : ; ?; a _ ?? ? `v=, ?..., J t t L Q 1 C ud G? C7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SOUTH POINT Plaintiff VS. : Case No: 07-1934 civil term CHAD E BUBB AND NATASHA LYNN BUBB Defendant(s) ; ORDER AND NOW, to wit this 11 day of OL'.C , 2008 that upon consideration of the Plaintiff's Motion to Make Rule Absolute in the above matter, it is ORDERED that the Rule is made absolute. IT IS FURTHER ORDERED that plaintiff is permitted to reassess damages in the above matter to reflect additional interest, escrow and corporate advances, plus fees and costs due and owing pursuant to the mortgage between the parties and incurred since the original assessment of damages was filed on May 27, 2008. Damages may be reassessed at $155,361.22, as set forth in the Motion herein, plus itemized per diem interest at $29.61 from October 7, 2008 to the date of sale. BY THE COURT: J. ? ? ? ja c? ?+: C b .? '? ;_ y s,?,. #2 0 6 8 2 CPG-TM (praecipe to assign DJ) Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 SOUTH POINT COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff VS. Case No: 07-1934 civil term CHAD E BUBB AND NATASHA LYNN BUBB Defendants ASSIGNMENT OF JUDGMENT TO THE PROTHONOTARY: Kindly assign the Judgment in the amount of $150,191.53 to: South r I, LLC located at c/o Wilshire Credit Corporation, 14523 SW Millikan Way, Suite 200, Beaverto OR 97005 in the above captioned matter. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: December 08, 2008 ? ? ? ?' ? o ? ? QJ ? ? ?' ?, 4 - ? ? ?-? `s"s 4 ? ' Z f ;'? ? ? ,. i ? `ry- {?i S ;'.? ? ?1 _._. rf ••p4i ?' '.: ?Y? # ,i South Point In the Court of Common Pleas of Cumberland County, Pennsylvania VS Writ No. 2007-1934 Civil Term Chad E. Bubb and Natasha Lynn Bubb Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2008 at 1950 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Chad E. Bubb and Natasha Lynn Bubb, by making known to Nathasha Lynn Bubb, personally and wife of Chad E. Bubb, at 607 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2008 at 1028 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Chad E. Bubb and Natasha Lynn Bubb, located at 607 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Chad E. Bubb and Natasha Lynn Bubb, by regular mail to their last known address of 607 East Winding Hill Road, Mechanicsburg, PA 17055. These letters were mailed under the date of October 7, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 18.15 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 33.00 Levy 15.00 Surcharge 30.00 Postpone sale 40.00 Law Journal Patriot News Share of bills So Answers: 01 rpo? ? R. Thomas Kline, Sheriff BY i ?+- Real Estate Coordinator 355.00 357.29 14.92 - --i-9 a !?, ?4 .z.%7,V C.' - 5U ?' S33 pia siCE OF THE PROTIHO DTARY 2009 APR -8 Ate 14, 03 .lb- r v `« MardwE. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTH POINT Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB #20682CAM - DN Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : NO: 07-1934 CIVIL TERM Defendant(s) C(0 F N AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 607 East Winding Hill Road, Mechanicsburg, PA 17055: 1. Name and address of owners(s) or reputed owner(s) Chad E Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Chad E Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: Mortgage Electronic Fvegistration Systems, Inc. as nominee for Wilmington Finance Inc. P. O. Box 2026 Flint, MI 48501-2426 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle. PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Dept of Revenue Inheritance Tax Bureau Strawberry Square, 11th Floor Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle. PA 17013 Bureau of Compliance Clearance Support Section Attn: Sheriff Sale Dept 281230 Harrisburg, PA 17129 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Occupant 60.7 East Winding Hill Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true correct to the best of my personal knowledge or information and belief I understand that false state ents herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswefW falsification to a orities. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: June 02, 2008 20682CAM-DN Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTH POINT Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No: 07-1934 civil term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 607 East Winding Hill Road Mechanicsburg, PA 17055 will be sold by the Sheriff of Cumberland County on Date of Sale: December 10, 2008 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 07-1934 civil term in the Court of Common Pleas of Cumberland County by South Point, Plaintiff against Chad E Bubb and Natasha Lynn Bubb, Defendant(s). Judgment was entered on May 27, 2008 in the amount of $150,191.53. The property was seized and taken in execution as the property of Chad E Bubb and Natasha Lynn Bubb. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of D. P. Raffensperger Associates, dated September 17, 1980, as follows, to wit: BEGINNING at a point in the center of E. Winding Hill Road, a public road, said point being located one hundred ninety (190) feet from the intersection of E. Winding Hill Road and Breezewood Drive, thence along said centerline of E. Winding Hill Road, South 87 degrees West sixty-five and zero hundredths (65.0) feet to a point; thence North 3 degrees West one hundred-sixty-two and fifty hundredths (162.50) Feet to an iron pin, said iron pin being located at lands now or formerly, of Israel W. Miller; thence by lands now or formerly, of Israel W. Miller, North 87 degrees East sixty-five and zero hundredths (65.0) feet to an iron pin; thence South 3 degrees East one hundred sixty-two and fifty hundredths (162.50) feet to a point on the centerline of E. Winding Hill Road, a public road, the place of beginning. HAVING THEREON ERECTED a single family dwelling house being known and numbered as 607 East Winding Hill Road, Mechanicsburg, Pennsylvania. Tax Parcel #42-26-0245-026 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the-schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 07-1934 civil term. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the fling of the Schedule of Distribution will be given. R. Thomas Kline, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 #20682-DN _f i Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 Attorney for Plaintiff SOUTH POINT Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-1934 CIVIL TERM LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of D. P. Raffensperger Associates, dated September 17, 1980, as follows, to wit: BEGINNING at a point in the center of E. Winding Hill Road, a public road, said point being located one hundred ninety (190) feet from the intersection of E. Winding Hill Road and Breezewood Drive, thence along said centerline of E. Winding Hill Road, South 87 degrees West sixty-five and zero hundredths (65.0) feet to a point; thence North 3 degrees West one hundred sixty-two and fifty hundredths (162.50) feet to an iron pin, said iron pin being located at lands now or formerly, of Israel W. Miller; thence by lands now or formerly, of Israel W. Miller, North 87 degrees East sixty-five and zero hundredths (65.0) feet to an iron pin; thence South 3 degrees East one hundred sixty-two and fifty hundredths (162.50) feet to a point on the centerline of E. Winding Hill Road, a public road, the place of beginning. HAVING THEREON ERECTED a single family dwelling house being known and numbered as 607 East Winding Hill Road, Mechanicsburg, Pennsylvania. Tax Parcel #42-26-0245-026 IMPROVEMENTS: Residential dwelling TITLE TO SAID PREMISES IS VESTED IN Chad E. Bubb and Natasha Lynn Bubb, husband and wife by Deed from Glen E. Sargeant and Lois Sargeant, husband and wife, dated 3/22/2006 and recorded 3/29/2006 in Deed Book 273, Page 3728. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-1934 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOUTH POINT, Plaintiff (s) From CHAD E. BUBB and NATASHA LYNN BUBB (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $150,191.53 L.L.$ 0.50 Interest from 5/28/08 to 12/10/08 at 6% - $4,863.93 Atty's Comm % Due Prothy $2.00 Atty Paid $175.48 Other Costs to be endorsed Plaintiff Paid Date: 6/04/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MARTHA E. VON ROSENSTIEL, ESQUIRE Address: MARTHA E. VON ROSENSTIEL, P.C. 649 SOUTH AVENUE, UNIT 6 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 Real Estate Sale #06 On August 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA a Known and numbered as 607 East Winding Hill Rd., Mechanicsburg CQq more fully described on Exhibit "A" i filed with this writ and by this reference incorporated herein. Date: August 15, 2008 By: \j Real Es to Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Yarie Coyne, SWORN-TO AND SUBSCRIBED before me this 4 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RRA& NwAft Mips Writ No. 2007-1934 Civil South Point VS. Chad E. Bubb and Natasha Lynn Bubb Atty.: Martha E. Von Rosenstiel LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed in accordance with a survey of D. P. Raffensperger Associates, dated September 17, 1980, as fol- lows, to wit: BEGINNING at a point in the cen- ter of E. Winding Hill Road, a public road, said point being located one hundred ninety (190) feet from the intersection of E. Winding Hill Road and Breezewood Drive, thence along said centerline of E. Winding Hill Road, South 87 degrees West sixty- five and zero hundredths (65.0) feet to a point; thence North 3 degrees West one hundred sixty-two and fifty hundredths (162.50) feet to an iron pin, said iron pin being located at lands now or formerly, of Israel W. Miller; thence by lands now or formerly, of Israel W. Miller, North 87 degrees East sixty-five and zero hundredths (65.0) feet to an iron pin; thence South 3 degrees East one hundred sixty-two, and fifty hun- dredths (162.50) feet to a point on the centime of E. Winding Hill Road, a public road, the place of beginning. HAS THROZON ERECTED a single family dwelling house being known and numbered as 607 East Winding Hill Road, Mechanicsburg, Pennsylvania. Tax Parcel #42-26-0245-026. IMPROVEMENTS: Residential dwelling. TITLE TO SAID PREMISES IS VESTED IN Chad E. Bubb and Natasha Lynn Bubb, husband and wife by Deed from Glen E. Sargeant and Lois Sargeant, husband and wife, dated 3/22/2006 and recorded 3/29/2006 it Deed Book 273, Page 3728. The Patriot-News Co. 812 Marke# St. Harrisburg, PA' 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patti* ot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05/08 11/12/08 Jst;1 ................ i Sworn to an¢-subscribed before me this 25 day of November, 2008 A.D. Notary Public COONWEALTH OF PENNSYLVANIA Notarial Seal 7_S_Z,,Ti. L. Kisner, Notary Public City Of Hamburg, Dauphin County My commission Expires Nov. 26 201 i Member, Pennsylvania Association of Notaries/ Real Eataie Sale No. 6 Writ No. 07-1934 Civil Tenn South Point VS Chad E. Bubb and Natasha Lynn Bubb Attorney Martha E. Von Rosenstlel LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of D. P. Raffensperger Associates, dated September 17, 1980, as follows, to wit: BEGINNING at a point in the center of E. Winding Hill Road, a public road, said point being located one hundred ninety (190) feet from the intersection of E. Wmdmg Hill Road and Breezewood Drive, thence along said centerline of E. Winding Hill Road, South 87 degrees West sixty-five and zero hundredths (65.0) feet to a point; thence North 3 degrees West one hundred sixty-two and fifty hundredths (162.50) feet to an iron pin, said iron pin being located at lands now or formerly, of Israel W. Miller; thence by lands now or formerly, of Israel W. Miller, North 87 degrees East sixty- five and zero hundredths (65.0) feet to an iron pin; thence South 3 degrees -East one hundred sixty-two and fifty hundredths (16230) feet to a point on the centerline of E. Winding Hill Road a public road, the place of beginning. HAVING THEREON ERECTED a single family dwelling house being known and numbered as 607 East Winding Hill Road, Mechanicsburg, Pemuylvania. Tax Parcel #42-26.0245-026 IMPROVEMENTS: Residential dwelling TPILE TO SAID. PREI4M IS VESTED IN Chad E. Bubb and Natasha Lynn Bubb, husband and wife by Deed from Glen E. Sargeant and Lois Satgeant, husband and wife, dated 3/22/ 2006 and recorded 3/29/2006 in Deed Book 273, Page 3728. Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue Secane, PA 19018 610 328-2887 Attorney I.D. #52634 SOUTH POINT Plaintiff 20682DN CPG Attorney for Plaintiff/Movant COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CHAD E BUBB AND NATASHA LYNN BUBB Defendants NO. 07-1934 civil term VOLUNTARY SUBSTITUTION OF SouthStar I. LLCPURSUANT TO Pa. R.C.P. 2352(a) TO THE PROTHONOTARY: 1. SouthStar I, LLC is the assignee of SOUTH POINT and wishes to substitute itself for plaintiff. 2. The material facts on which the right of succession and substitution is based as as follows: a. SOUTH POINT, foreclosing plaintiff, assigned its right, title and interest in premises 607 East Winding Hill Road, Mechanicsburg, PA 17055 to SouthStar I, LLC by virtue of an assignment recorded on January 8, 2009 in Cumberland County, Instrument Number #200900606. 3. SouthStar I, LLC does voluntarily substitute itself Martha E. Von Rosenstiel Attorney for Plaintiff Dated: July 22, 2009 FILED F';-, C, )TARY 2BO9 JUL 27 PH 2: '5 7 +8.oc Po A-m/ a& 3so 1(o (o 20682C WE-DN Commonwealth of Pennsylvania COUNTY OF CUMBERLAND SOUTHSTAR I, LLC COURT OF COMMON PLEAS V. DOCKET NO. 07-1934 civil term CHAD E BUBB AND NATASHA LYNN BUBB ATTORNEY I.D. #52634 Praecipe for Writ of Execution TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE $ 155,361.22 INTEREST from 10/7/08 to 12/9/2009 At $29.61-pursuant to attached Court Order dated December 3, 2008 $ 12,673.08 TOTAL* $ 168,034.30 *Plus costs to be endorsed Martha E. Von Rosenstiel Attorney for Substituted Party Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 (610) 328-2887 PREM: 607 East Winding Hill Road, Mechanicsburg, PA 17055 ii i. L» 3.1.- i C-j E r- N gi ct a a ?. o O r 9 ? O O ao 4 O CIOD d V WH a? o? A oa U W H? A U •? v o .? M Q 0 O N M x Ge ? y H w x A H O V ? M ? O N 0 ,uq? 0 © U ? J° q TO .=e3 a la 45? ?' ? Arno cW ? o aj M d? DEC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SOUTH POINT Plaintiff vs. : Case No: 07-1934 civil term CHAD E BUBB AND NATASHA LYNN BUBB Defendant(s) ORDER AND NOW, to wit this 3-A day of kle4-- , 2008 that upon consideration of the Plaintiff's Motion to Make Rule Absolute in the above matter, it is ORDERED that the Rule is made absolute. IT IS FURTHER ORDERED that plaintiff is permitted to reassess damages in the above matter to reflect additional interest, escrow and corporate advances, plus fees and costs due and owing pursuant to the mortgage between the parties and incurred since the original assessment of damages was filed on May 27, 2008. Damages may be reassessed at $155,361.22, as set forth in the Motion herein, plus itemized per diem interest at $29.61 from October 7, 2008 to the date of We. BY THE COURT: is, T 'RUE COPY FROM RE Rr 1 Testimony whereof, I two unto get oW hard the seal of acid Court at Coheir. FL rfullfullumT EXHIRTT • Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTHSTAR I, LLC Substituted Party Plaintiff #20682CAM - DN Attorney for Substituted Party Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CHAD E BUBB AND NATASHA LYNN BUBB Defendant(s) NO: 07-1934 CIVIL TERM AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Substituted Party Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 607 East Winding Hill Road, Mechanicsburg, PA 17055: 1. Name and address of owners(s) or reputed owner(s) Chad E Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Chad E Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Discover Bank 6500 New Albany Road New Albany, OH 43054 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Mortgage Electronic Registration Systems, Inc. as nominee for Wilmington Finance Inc. P. O. Box 2026 Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom Substituted Party Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Dept of Revenue Inheritance Tax Bureau Strawberry Square, 11th Floor Harrisburg, PA 17128 Family Court/Domestic Relations I Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 w Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Occupant 607 East Winding Hill Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false smade bject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification Martha E. Von Rosengdei'-'-- Attorney for Substituted Party Plaintiff Dated: July 22, 2009 FILE' OF TI-!E ; "`'?SA Y 2609 jUL 27 P 2: I-A Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 Phone: 610-328-2887 Attorney I.D. #52634 SOUTHSTAR I, LLC Substituted Party Plaintiff Attorney for Substituted Party Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CHAD E BUBB AND NATASHA LYNN BUBB : No: 07-1934 civil term Defendant(s) CERTIFICATE TO THE SHERIFF #20682-CWE-DN I hereby certify that I am the attorney of record for the Substituted Party Plaintiff in this action again real property and further certify that this property is: 0 FHA - Tenant Occupied or Vacant Commercial 0 As a result of a Complaint in Assumpsit M That the Substituted Party Plaintiff has complied in all respects with Section M 403 of the Mortgage Assistance Act including, but not limited to: (a) Service of the Notice on the Defendants (b) Expiration of the 30 days since Service of the Notice (c) Defendants' failure to request or appear at meeting with mortgagee or Consumer Credit Counseling Agency (d) Defendants' Failure to file application with the Homeowners Emergency Assistance Program I further agree to indemnify and hold harmless the Sheriff for any false statement herein. Martha E. Von Rosenstiel Attorney for Substituted Party Plaintiff OF t?9..r W..?4 ?•'?, lfr X14 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 6 P.O. Box 822 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 Attorney for Substituted Party Plaintiff SouthStar I, LLC : COURT OF COMMON PLEAS c/o Wilshire Credit Corp 14523 SW Millikan Way, : CUMBERLANDCOUNTY Suite 200 Beaverton OR 97005 Substituted Party Plaintiff VS. No: 07-1934 civil term Chad E Bubb and Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Defendants AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. VON ROSENSTIEL, attorney for the Substituted Parry Plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the last known addresses of the defendants are: 1. Name and address of owners(s) or reputed owner(s) and/or defendant(s) in the judgment: Chad E Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to auth Martha E. Von Rosenstiel Attorney for Substituted Party Plaintiff i "'E OF THE t`70,7 2009 JU1. 2 f Pt"i 2: ;) 8 Vl vii, ?. a Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTHSTAR I, LLC Substituted Party Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB 20682CAM-DN Attorney for Substituted Party Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No: 07-1934 civil term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 607 East Winding Hill Road Mechanicsburg, PA 17055 will be sold by the Sheriff of Cumberland County on Date of Sale: December 09, 2009 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 07-1934 civil term in the Court of Common Pleas of Cumberland County by SouthStar I, LLC, Substituted Party Plaintiff against Chad E Bubb and Natasha Lynn Bubb, Defendant(s). Judgment was entered on May 27, 2008 in the amount of $150,191.53. Pursuant to Court Order entered on December 3, 2008 damages were reassessed at $155,361.22, plus per diem interest at $29.61 from October 7, 2008 through the date of the sheriff's sale. The property was seized and taken in execution as the property of Chad E Bubb and Natasha Lynn Bubb. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of D. P. Raffensperger Associates, dated September 17, 1980, as follows, to wit: BEGINNING at a point in the center of E. Winding Hill Road, a public road, said point being located one hundred ninety (190) feet from the intersection of E. Winding Hill Road and Breezewood Drive, thence along said centerline of E. Winding Hill Road, South 87 degrees West sixty-five and zero hundredths (65.0) feet to a point; thence North 3 degrees West one hundred sixty-two and fifty hundredths (162.50) feet to an iron pin, said iron pin being located at lands now or formerly, of Israel W. Miller; thence by lands now or formerly, of Israel W. Miller, North 87 degrees East sixty-five and zero hundredths (65.0) feet to an iron pin; thence South 3 degrees East one hundred sixty-two and fifty hundredths (162.50) feet to a point on the centerline of E. Winding Hill Road, a public road, the place of beginning. HAVING THEREON ERECTED a single family dwelling house being known and numbered as 607 East Winding Hill Road, Mechanicsburg, Pennsylvania. Tax Parcel #42-26-0245-026 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 07-1934 civil term. You should check with the Sheriff s Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. R. Thomas Kline, Sheriff of Cumberland County ATTORNEY FOR SUBSTITUTED PARTY PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire Attorney for Substituted Party Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1934 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOUTHSTAR I, LLC, Plaintiff (s) From CHAD E. BUBB and NATASHA LYNN BUBB (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $155,361.22 L.L. Interest from 10/07/08 to 12/09/09 at $29.61 pursuant to attached Court Order dated 12/03/08 -- $12,673.08 Atty's Comm % Due Prothy $2.00 Atty Paid $1,138.84 Other Costs Plaintiff Paid Date: 7/27/09 (Seal) Curtis R. Long, rothonota By: Deputy REQUESTING PARTY: Name: MARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT #6 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTHSTAR I, LLC Substituted Party Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CHAD E B UBB AND NATASHA LYNN BUBB Defendant(s) NO: 07-1934 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Substituted Party II, Plaintiff in the above action, hereby verifies that on August 14, 2009 , true and correct copies of the Notice of Sheriff s Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. --c Martha E. Von Ro stiel Attorney for Substituted a Plaintiff #20682CAM - DN Attorney for Substituted Party Plaintiff Dated: July 22, 2009 1 G For Accountable Mall -rr- •_ O co m --4 O Cn A w N (D Cn m a 2 7 O O d 01 ? rZ yy as1.02 y aN c N - ' N M 0) N i CO N z c T m m CD -n CD (n v? 0) > ? » ?t o- ' D ?mm ' C D Co0 ? ?? ? ?DCD m Ow m CT=D ?mCW nD ? 00 N o C c N o N o 3 = 0 O- ? ( cOi p? q ° C 0 -40 a ; 0-0 Cn -- 0= ? ) ? o 3 ? w cD a;; x N 0 > ? c 3 ?.0 3 C ? 3 ? o ?v p .c Z- o _ x co co ?? .. D 6Wao c o m2) v. m c O 3 x CaOCf)2 c O x N C? C7 Q -C c CD v w - Cn CD o< x -p S2.,< 1< m E _ C) mC =r a> - m D D D > M N (D A p 7 C'I• N In O -? x O v N n C ? CD N - 0 N _ ? =. 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G 4 CLS??"_s? 4 :(;.1 per ',.- ??jj gNTY SUBSTITUTED PARTY PLAINTIFF: SouthStar I, LLC DEFENDANT Chad E Bubb and Natasha Lynn Bubb SERVE UPON: Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 AFFIDAVIT OF SERVICE COURT OF COMMON PLEAS Cumberland COUNTY COURT NO. 074934 civil term TYPE OF ACTION XX WRIT OF EXECUTION and Notice of Sheriff's Sale SPECIAL INSTRUCTIONS: please serve defendant personally or adult Sheriffs Sale date: 12/9/2009 in charge of premises SERVED 20682CNC-DN made known to A f NN Aijba Defendant, on the 134day of 200 , at o`clock, M., at &01 E W1,VD)h6r I IL.l *D, :I' AwoICS &u41v- Commonwealth of Pennsylvania, in the manner elow: Defendant personally served. Manager/Clerk of place of lodging in which _ Adult family member with whom Defendant Defendant resides. resides. Agent or person in charge of Defendant's office Relationship is or usual place of business. Adult in charge of Defendant's residence Other who refused to give name/relationship. Description: Age_30 _ Height '4 1. _ Weight 130 Race W Sex F Other I, u: a c mpetent adult, being duly sworn according to law, depose and state that I personally handed to a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriff's Sale issued in the captioned case on the date and at the address indicated above. KIMBERLY CURTY Sworn to and subscribe NOTARY PUBLIC before me this 13 day STATE OF NEW jER" of 20 MY COMMISSION EXPIRES M R I3 Y: A Notary :;F? NOT SER 4ED On the day of 20at o'clock . M., Defendant NOT FOUND because: Moved nown No Answer Vacant Date of Attempt: Sworn to before me this day of 200-. Notary: By: ATTORNEY Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit 7 • Secane, PA 19018 . 610-328-2887 OF POWINOTARY M9 SEP -8 PM 12: 21 CLhWJLi,,NL; AFFIDAVIT OF SERVICE SUBSTITUTED PARTY PLAINTIFF: SouthStar I, LLC COURT OF COMMON PLEAS DEFENDANT Cumbeilmd COUNTY COURT NO. 07-1934 civil berm Chad E Bubb and Natasha Lynn Bubb SERVE UPON Chad EBubb TYPE OF ACTION 607 East Winding Hill Road XX WW OF EXECUTION and Notice of Sheriffs Sale Mechanicsburg. PA 17055 - SPECIAL INSTRUCTIONS: please serve defendant persormNy or adult Sherltrs Sale date: in charge of premises 20682CNC-DN made knou?n to S . u Defendant, on the ! +hda of IT , 200 , at 4.33 o'c2ock, . X., at &a7 F-. W„ubinrG 16.E RoA0j I A cn . ?. ....rs . , o Cmmawe42 th of Pewav2van3a, In the meaner Defendant pe zvoxmily served. ManagedClefk of place of lodging in which Adult fasily member nith xhoer Defendant Defendant resides. resides. Relationship is Adult in cha W I f--F- rge of Defendant's residence Agent or person In charge of Defendants OffK>g or usual place of business. Other who refused to give narrlehela tionsh' _ Description: Age Height ' Weight l3 U Race W Sex Other -r! 4,--p A46 t Lt , a competent adult, being duly sworn according to laver, depose and state that I personally handed to 5 LABS a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriff's Sale issued in the captioned case on the date and at the address indicated above. Swom to and subscri KIMBERLY CURTY before this _? day NOTARY PUBLIC Of , 20STATE OF NEW IE 2013 Notary: MY COMMISSION EXPIRES NOTSERVED On the day of ! / , 2C , at o'clock . M., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Date ofAtiempt. to before me this day Of , 200 . Notary: By: ATTORNEY Martha E. Von Rosens", P.C. 649 South Avenue, Unit 7 e Secone, PA 19018 a 610-328-2887 ??f R-ORCE OF THE PRTHWTARY 2M SEP -8 PM !2» 2 { Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTHSTAR I, LLC c/o Wilshire Credit Corporation 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff #20682CAM - SS Attorney for Plaintiff i?- COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-1934 CIVIL TERM VS. CHAD E BUBB AND NATASHA LYNN BUBB Defendant(s) SUPPLEMENTAL AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, hereby verifies that on November 9, 2009, true and correct copies of the Notice of Sheriff's Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. American Express c/o Edwin A. Abrahamsen & Associates 1729 Pittston Avenue Scranton, PA 18505 York Waste Disposal, Inc 3730 Sandhurst Drive York, PA 17406 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: November 09, 2009 MAY BEt'IEpF R`` PROVIDE FO O DOMESTIC AND fTr11=RNAT R 1NSIY AN -POSTMASTER Received From. MARTHA VON ROSEN 649 SOUTH AVE UNIT 7 SECANE, PA 19018 One Piece of ordinary mail addressed to: Z% S Wix fee here in stamps ?J 64eter postage and 02 1P fcc 001.15° 000393 034 NOV 09 '2!009 MAILED ROM ZIPCODE 19018 4 I ' 3,730 Sandhurst Drive PS Form 3817, Mar. 1989 O • Ste. ???. ?.?. rv51AL sERVICE L? KT1F1C? MAY BE tISE FFOR DOMESTIC AND INTERNA PROvII)E FOR MSIIRANCE-POSTMASTER Received From: UNIT 7 SECANE, PA 19018 One Piece of ordinwe mail addressed to: lnIFS ffix fee here in stamps ±S j- ?f - rnetct postage and k7 . E rn fe E B tCSt 02 1 P 001.150 0003931 34 NOV 09 2009 MAILED F OM ZIPCODE 19018 c/o Edwin A. Abrahamsen & Associates Scranton, PA 18505 MARTHA VON ROSEI 649 SOUTH AVE i PS Form 31-17-,M-at -19-89u `J i5 1 oL, F'' ,.L _r ?.? ,? .. ?, Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 MVR#20682CPG Attorney for Plaintiff SouthStar I, LLC COURT OF COMMON PLEAS c/o Wilshire Credit Corp 14523 SW Millikan Cumberland County Way, Suite 200 Beaverton, OR 97005 Plaintiff Case No: 07-1934 civil term Vs. Chad E Bubb and Natasha Lynn Bubb 607 East Winding Hill Road : Mechanicsburg, PA 17055 : Defendants PRAECIPE TO THE PROTHONOTARY: Kindly reassess damages in this matter in favor of the above named plaintiff and against the above named defendant, pursuant to the attached court order dated December 3, 008. jttornarthaey E. Von Rosenstiel for Plaintiff 1 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit? Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff SouthStar I, LLC c/o Wilshire Credit Corp 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. Chad E Bubb and Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Defendants COURT OF COMMON PLEAS Cumberland County : Case No: 07-1934 civil term REASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly reassess damages against the above named defendant pursuant to the attached order, as follows: Total per court order dated December 3, 208 Additional interest on unpaid balances from 10/7/08 to 12/9/2009 at $29.61 per diem $155,361.22 $ 12,702.69 Total assessment AND NOW, to wit, this day of $168,063.91 Martha E. Von Rosenstiel ttorney for Plaintiff , 2009, damages are assessed as above. Pro Prothy 67 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SOUTH POINT Plaintiff vs. CHAD E BUBB AND NATASHA LYNN BUBB Defendant(s) Case No: 07-1934 civil term ORDER AND NOW, to wit this 3.4.4 day of k&-, , 2008 that upon consideration of the Plaintiffs Motion to Make Rule Absolute in the above matter, it is ORDERED that the Rule is made absolute. IT IS FURTHER ORDERED that plaintiff is permitted to reassess damages in the above matter to reflect additional interest, escrow and corporate advances, plus fees and costs due and owing pursuant to the mortgage between the parties and incurred since the original assessment of damages was filed on May 27, 2008. Damages may be reassessed at $155,361.22, as set forth in the Motion herein, plus itemized per diem interest at $29.61 from October 7, 2008 to the date of sale. BY THE COURT: T J. 'RUE COPY FROM RECORU i Testimony whereof, I two unto set my hand 4 the seat of said court at Carlin, i? ..v J YOM ') nn n SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~ ~~~-~~ n ,"~`~ ~- ~ ~ °` T Sheriff F::_ i t,.~Y ~~~~titr pi ~~nra~,~~,j~~~ Jody S Smith ~, Z~IU f3~~' 2~s A~IO~ i 6 Chief Deputy -= ~ ~'?. Edward L Schorpp "' CL'tJ Solicitor ~rr~t ~ ~ .- sr~~t~r ~_:rti~~}' t t ~il~+ Ltir i ~I f1 Southstar I, LLC Case Number vs. 2007-1934 Chad E Bubb (et al.) SHERIFF'S RETURN OF SERVICE 09/28/2009 08:16 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 9/28/09 at 2016 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Chad E. and Natascha L. Bubb, located at, 607 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 12/09/2009 Property sale postponed to 2/3/2010. 02/02/2010 Property sale postponed to 4/7/2010. 04/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on April 7, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Martha Von Rosenstiel, on behalf of , U.IS. Bank National Associaton, as Trustee on behalf of Merrill Lynch Mortgage Investors Trust, Series 2010-NP1, c/o Wo;sjore Credit Corp, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 933.50 SHERIFF COST: $933.50 May 27, 2010 SO ANSWERS, .~.- RON R ANDERSON, SHERIFF ~.©~ ~~.~ ~~i4~ (ci CountySuite Shenff. Teleosoft, Inc. . -. #20682CAM - DN Martha E. Von Rosenstiel, P.C ~ s ~ ~~ ' ~ "' ' ^~ >i ~~~`~ Attorney for Substituted Party Plaintiff r,~; {. Martha E. Von Rosenstiel, Esquire'~~- ,~ ~ ~ ~ ~, ~ 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTHSTAR I, LLC Substituted Party Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CHAD E BUBB AND NATASHA LYNN BUBB Defendant(s) NO: 07-1934 CIVIL TERM AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Substituted Party Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 607 East Winding Hill Road, Mechanicsburg, PA 17055: 1. Name and address of owners(s) or reputed owner(s) Chad E Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Chad E Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 Natasha Lynn Bubb 607 East Winding Hill Road Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Discover Bank 6500 New Albany Road New Albany, OH 43054 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Mortgage Electronic Registration Systems, Inc. as nominee for Wilmington Finance Inc. P. O. Box 2026 Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom Substituted Party Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Dept of Revenue Inheritance Tax Bureau Strawberry Square, 11th Floor Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 Dept, of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Occupant 607 East Winding Hill Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statement~l~i; made ubject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to.autliorities. Martha E. Von Rosen °- Attorney for Substituted Party Plaintiff Dated: July 22, 2009 20682CAM-DN Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTHSTAR I, LLC Substituted Party Plaintiff vs. CHAD E BUBB AND NATASHA LYNN BUBB Defendant(sl Attorney for Substituted Party Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 07-1934 civil term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 60 ~' East Winding Hill Road Mechanicsburg, PA 17055 will be sold by the Sheriff of Cumberland County on Date of Sale: December 09, 2009 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 07-1934 civil term in the Court of Common Pleas of Cumberland County by SouthStar I, LLC, Substituted Party Plaintiff against Chad E Bubb and Natasha Lynn Bubb, Defendant(s). Judgment was entered on May 27, 2008 in the amount of $150,191.53. Pursuant to Court Order entered on December 3, 2008 damages were reassessed at $155,361.2:x, plus per diem interest at $29.61 from October 7, 2008 through the date of the sheriff's sale. The property was seized and taken in execution as the property of Chad E Bubb and Natasha Lynn Bubb. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of D. P. Raffensperger Associates, dated September 17, 1980, as follows, to writ: BEGINNING at a point in the center of E. Winding Hill Road, a public road, said point being located one hundred ninety (190) feet from the intersection of E. Winding Hill Road and Breezewodd Drive, thence along said centerline of E. Winding Hill Road, South 87 degrees West sixty-five and zero hundredths (65.0) feet to a point; thence North 3 degrees West one hundred sixty-two and fifty hundredths (162.50) feet to an iron pin, said iron pin being located at lands now or formerly, of Israel W. Miller; thence by lands now or formerly, of Israel W. Miller, North 87 degrees East sixty-five -and zero hundredths (65.0) feet to an iron pin; thence South 3 degrees East one hundred sixty-two and fifty hundredths (162.50) feet to a point on the centerline of E. Winding Hill Road, a public road, the place of beginning. HAVING THEREON ERECTED a single family dwelling house being known and numbered as 607 East Winding Hill Road, Mechanicsburg, Pennsylvania. Tax Parcel #42-26-0245-026 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the f ling of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 07-1934 civil term. You should check with the Sheriff s Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. R. Thomas Kline, Shea°iff of Cumberland County ATTORNEY FOR SUBSTITUTED PARTY PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire Attorney for Substituted Party Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 #20682-DN Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 SOUTHSTAR I, LLC Substituted Party Plaintiff VS. CHAD E BUBB AND NATASHA LYNN BUBB Defendant(s) Attorney for Substituted Party Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-1934 CIVIL TERM LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of D. P. Raffensperger Associates, dated September 17, 1980, as follows, to wit: BEGINNING at a point in the center of E. Winding Hill Road, a public road, said point being located one hundred ninety (190) feet from the intersection of E. Winding Hill Road and Bree:aewood Drive, thence along said centerline of E. Winding Hill Road, South 87 degrees West sixty-five and zero hundredths (65.0) feet to a point; thence North 3 degrees West one hundred sixty-two and fifty hundredths (162.50) feet to an iron pin, said iron pin being located at lands now or formerly, of Israel W. Miller; thence by lands now or formerly, of Israel W. Miller, North 87 degrees East sixty-five and zero hundredths (65.0) feet to an iron pin; thence South 3 degrees East one hundred sixty-two and fifty hundredths (162.50) feet to a point on the centerline of E. Winding Hill Road, a public road, the place of beginning. HAVING THEREON ERECTED a single family dwelling house being known and numbered as 607 East Winding Hill Road, Mechanicsburg, Pennsylvania. IMPROVEMENTS: Residential dwelling Tax Parcel # 42-26-0245-026 TITLE TO SAID PREMISES IS VESTED IN Chad E. Bubb and Natasha Lynn Bubb, husband and wife by Deed from Glen E. Sargeant and Lois Sargeant, husband and wife, dated 3/22/2006 and recorded 3/29/2006 in Deed Book 273, Page 3728. WRIT OF EXECUTION and/or ATTACHMENT ' COMMQNWEALTH OF PENNSYLVANIA) NO 07-1934 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOUTHSTAR I, LLC, Plaintiff (s) From CHAD E. BUBB and NATASHA LYNN BUBB (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $155,361.22 L.L. Interest from 10/07/08 to 12/09/09 at $29.61 pursuant to attached Court Order dated 12/03/08 -- $12,673.08 Atty's Comm % Due Prothy $2.00 Atty Paid $1,138.84 Other Costs Plaintiff Paid Date: 7/27/09 (Seal) RF,QUESTING PARTY: urtis R. Lon ro ho otar By: _ Deputy Name: MARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT #6 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 Real Estate Sale # On August 19, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as, 607 East Winding Hill Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 19, 2009 ~ ,. By. i ~ ~~~ ~` Real Estate Coordina;o,~ .~ f ``~/ ~.~ ~~ ~. ~'he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the pahiot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and ernpowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/23/09 10/30/09 11 /06/09 worn to ands scribed before me isJ 6 day ~, 1 Notary blic ........ ~~- ..1'~~~'~~ .... . COMMON1Nf~RL1~H Cl~ F',,,_„ ~NNSVLVEtNI~ ~~otai~sa Seal c Sh~rr~; L. a~isr:er, Notary Pukdic ~iky C~ ~*.-;nisb~r~, Dauphin Cat~nty a l~/Iy C,amrrsrr~,~~s~ TXpd~~es NOV. 26„ 2011 Mamber, Pennsylvania Ass;f Notaries f old e~ber, 2009 A. D. ____l~ ~ YMrit No. 2007-1li94 CIvN Tsrm Southavr I, LLC Vs Chad E. Bubb and Natasha Lynn Bubb Atty:llAertha Von Rossnstlsl . ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in. accordance with a survey of D. P. Raffenspetger Associates, dated September 17, 1980, as follows, to wit: BEGINNING at a point in the center of E. Winding Hill Road; a public road, said point being located one hundred ninety (190) feet from' the intersection of P. Winding Hill Road and Breezewood' Drive, thence along said centerline of E. Winding Hill Road, South 87 degrees West sixty-five and zero hundredths (65.0) feet to a point; thence North 3 dcgrces West one hundred siztX-two and fifty hundredths (162.50} fcet io an iron pin, said iron pin being located at lands now or fornietly, of Israel W. Miller, thence by lands now or formerly, of Israel W. Miller; North 87 degrees East sixty- Eve and zero hnndredties (65.0} fcet to an iron pin; thence South 3 degrees East one hundred sixty-two and fifty hundredtits (162.50) feet to a point on the centerline of E. Winding Hill Road, ' a public road,.the place of beginning. HAVING THEREON ERECTED a single family dwelling house being known and numbered as 607 East Winding Hill Road, Mechanicsburg, Pennsylvania. RvIPROVEMENTS: Residential dwelling lhtc Parcel # 42-26~01A5-026 ITfLE TO SAID PREMISES IS VESTED IN Chad E. Bubb and Natasha Lynn Bubb, husband end wife by Deed from Glen E. Sergeant and Lois Sergeant, husband end wife, dated 3122/ 2006 and recorded 3/2912006 in Deed Book 273, Page 3728. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ,~~ Lisa ie Coyne, E<lito SWORN TO AND SUBSCRIBED before me this 6 day of November, 2009 /~' _ ~ G x~~ Notary ~~-®-- NO[ARIAI_ SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUfABERLANG COUNTY My Commission Expires Apr :?8, 2010 `...~.v. Writ No. 2007-1934 Civil Southstar I, LLC vs. Chad E. Bubb and Natasha Lynn Bubb Atty: Martha Von Rosenstiel ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed in accordance with a survey of D. P. Raffensperger Associates, dated September 17, 1980, as fol- lows, to wit: BEGINNING at a point in the cen- ter of E. Winding Hill Road, a public road, said point being located one hundred ninety (190) feet from the intersection of F, Winding Hill Road and Breezewood Drive, thence along said centerline of E. Winding Hill Road, South 87 degrees West sixty- five and zero hundredths (65.0) feet to a point; thence North 3 degrees West one hundred sixty-two and fifty hundredths (162.50) feet to an iron pin, said iron pin being located at lands now or formerly, of Israel W. Miller; thence by lands now or formerly, of Israel W. Miller, North 87 degrees East sixty-five and zero hundredths (65.0) feet to an iron pin; thence South 3 degrees East one hundred sixty-two and fifty hun- dredths (162.50) feet to a point on the centerline of E. Winding Hill Road, a public road, the place of beginning. HAVING THEREON ERECTED a single family dwelling house being known and numbered as 607 East Winding Hill Road, Mechanicsburg, Pennsylvania. IMPROVEMENTS: Residential dwelling. Tax Parcel # 42-26-0245-026. TITLE TO SAID PREMISES IS VESTED IN Chad E. Bubb and Natasha Lynn Bubb, husband and wife by Deed from Glen E. Sargeant and Lois Sargeant, husband and wife, dated 3/22/2006 and recorded 3/29/2006 in Deed Book 273, Page 3728. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Zie ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which MERRILL LYNCH MTG 1NVESSTORS TRUST SERIES 2010=NP1 TR is the grantee the same having been sold to said grantee on the 7TH day of APRIL A.D., 2010, under and by virtue of a writ Execution issued on the 27 day of JULY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 1934, at the suit of SOUTHSTAR I LLC against CHAD E BUBB & NATASHA LYNN is duly recorded as Instrument Number 201013867. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _~7 ~ day of -Recorder of Deeds R~~a~ d Ou~INArndt~u~l~t~rMtM M- 6pM~rhii~tlloidy/tia~N SAN +~ xet+x~~~'+ x~'0