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12-4338
OF I- i'!LE0-0FFjE P,E Q0 TA R} ?011 JUL 13 Atf 10: 22, eUMBERL ANo PCNNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 287513 METLIFE HOME LOANS, A DIVISION OF METLIFE, BANK, N.A. COURT OF COMMON PLEAS 4000 HORIZON WAY IRVING, TX 75063 CIVIL DIVISION Plaintiff TERM V. n L 'r NO. ) O9 -,`f 33 V c JUSTIN J. STAUB 441 PINE GROVE ROAD CUMBERLAND COUNTY GARDNERS, PA 17324-8818 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 287513 au'??0 .mil G Ck? I say l NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you.. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR 'T'ELEPHONE 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013' (717) 249-3166 (800) 990-9108 File #: 287513 1. Plaintiff is METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. 4000 HORIZON WAY IRVING, TX 75063 2. The name and last known address of the Defendant are: JUSTIN J. STAUB 441 PINE GROVE ROAD GARDNERS, PA 17324-8818 who is the mortgagor and real owner of the property hereinafter described. 3. On 01/28/2009 JUSTIN J. STAUB made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMTRUST BANK which mortgage is recorded in the Office of the Recorder of Deeds for CUMBERLAND County, at Mortgage Instrument No. 200902827. By Assignment of Mortgage recorded 01/18/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded at Assignment of Mortgage Instrument No. 201201692. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest. upon said mortgage due 05/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 287513 6. The following amounts are due on the mortgage as of 01/13/2012: Principal Balance $120,416.62 Interest $4,124.38 04/01/2011 through 01/13/2012 Late Charges $124.84 Property Inspections $15.00 Property Preservation $50.00 Escrow Deficit $637.86 TOTAL $125,368.70 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant on date set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant in the sum of $125,368.70, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN 7 LLP Allison F. Wc1 s, Esq., Id. No. 309519 Attorney for Plaintiff File k 287513 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Dickinson, County of Cumberland,' and Commonwealth of Pennsylvania, being more particularly described as Lot No. 17 on a final subdivision plan for Dickinson Township Joint Venture dated November 4, 1983, revised February 18, 1984, and approved by the supervisors of Dickinson Township of February 20, 1984, which said plan was duly entered of record on March 1, 1984, and appearing of record in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 45, Page 32, under and subject to all legal highways, easements, rights-of-way, and restrictions of record. PARCEL 08-39-2225-001 PROPERTY ADDRESS: 441 PINE GROVE ROAD, GARDNERS, PA 17324-8818 PARCEL # 08-39-2225-001. File #: 287513 VERIFICATION Rhonda Glenn , hereby states that he/she is ( ?-s • V _ P. of METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Rhonda Glenn DATE: Title: Limited Vice Presid®nd METLIFE HOME LOANS A DIVISION OF METLIFE BANK, N.A. File#: 287513 Name:STAUB File #: 287513 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. Plaintiff(s) VS. JUSTIN J. STAUB Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSTLVA NIAZ? C -10 C_ Ica w s° - ca n x.C-) C, ryl T?' NOTICE OF RESIDENTIAL MORTGAGE FORECLO'SURE' DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative a charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representa within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legz representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and f Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lE before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible foi conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the form attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must bi filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Date Respectfully submitted: -?? - AZIisoff s, Esq., Id. No. 309519 Signature of Counsel for Plaintiff to not the Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER. REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if diff City: Phone Numbers: Email: # of people in household: State: Zip: Yes El No ? Listing date: Price: $ Realtor Phone:_ Yes ? No ? nt): _ State: Zip: Home: Office: _ Cell: Other.: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Email: # of people in household: How long? First Mortgage Lender:_ Type of Loan: Loan Number: Second Mortgage Lender: Other: Date you Closed Your Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & Insurance: Type of Loan: PrimaU Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ - Other Real Estate: $ _ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ _ Savings: $ $__ Other: $ $._ Automobile #1: Model: Year: Amount owed: Value: _ Automobile #2: Model: _ Year: Amount owed: Value: Other transportation (automobiles boats, motorcycles): Model: owed: Value Monthly Income Name of Employers: 1. Year: Amount 2. _ 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2° Mort a e Utilities Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. not covered) Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending oney Da /Child Care/Twit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: _ Counselor: _ Phone (Office): Fax: Email: I Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No [] If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name):_ Phone: Servicing Company (Name): Contact: Phone: I/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by above named _ Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUM ERINp COUNTY Ronny R Anderson Sheriff MED -OFFICE t t r.z. P90THONa'ca? Jody S Smith ?4ast rCabor'+d , - ra Chief Deputy 211L 30 Ah 9' o Richard W Stewart ' Solicitor OFF{ E OF THE SHERIFF c UMBEK At41) ?OUOT FI NSYLV to Metlife Home Loans A Division of Metlife Bank NA vs. Base Numbe Justin J. Staub 2012-4338 SHERIFF'S RETURN OF SERVICE 07/20/2012 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he ma" diluent sei and inquiry for the within named defendant to wit: Justin J. Staub, but was unable to kx a him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice Residentia Mortgage Foreclosure Diversion Program as not found as to the defendant Justin J. S Request f+ service at 441 Pine Grove Road, Gardners, Pennsylvania 17324 is vacant. The Postmaster confirmed, Justin J. Staub's new address is 2 Oakview Road, Apartment 2, Ashville, Nort Carolina 28803. SHERIFF COST: $44.00 July 23, 2012 SO ANSWERS, LAY to ROW R ANDE (c) CountySuite Shenft, Teleosoft. Inc. PHELAN HALLINAN &SCHMIEG, LLP John .Vl. Kolesnik, Esq., Id. No. 308877 1617 JFK E3oulevard, Suite ]400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 MF,1'LIFE HOME LOANS, A DIVISION OF ME7"LIFE BANK, N.A. Plaintiff vs. JUSTIN J. STAUB Defendants CIVIL DIVISION CUMBERLAND COUN"1'Y' No. 12-4338-CIVII_ P12AF,CIYE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURI+' "I'O "fI IE PKOTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN By: John & SCHMIEG, I.LI' ;/ i ,-~ ~~ ~olesnik, Esq., Id. No. X08877 for Plaintiff Date: October 1 I, 2012 JMK/clo, Svc Dept. Filc~~ 287.5 ] 3 ~'~ 8 33 C~~-1 ~ 3 2~- a$ao~~ AFFipAVIT OF SERVICE (1» 1VMA) ~~` GUMBERI.AAIb COUNTY ME'I`I.IFE HOME LOANS, A DIVISION OF ME1T.13r'E BANK, N.A. PHS #T$7513 DEF`ffi+IDANT , 3CJSTIN J STAUB ~NO~~1' 4335-QVIL SERVE JUSTIIV 3. STAUB AT: 2 OASVIE'PV RD APT2 A~VII.I,E, NC 286Q3-1400 TYPE OF ACTION %X Foredosnre XX CM1 Actfon SER Served and made known to ~ 3 A ton the ~ day of ~,~, Zt.~ Z at $• , o'clack~M, at F ~ , in the manner described below: ~ t pErsatany served. c, ~ Adult fatz.atly tt~mber with whom Defrxtdant{s) restde(s). -~f~= ,,,ti ~,~'. C+ l .w« ~. ~ ~' €..: :r:=' ~~ .~y, ~ ~_ r~~ N G7 N ..,.t t•~ Relahonahtp is Adnlt iCn charge of Defendant's residence who refused to give name or relationship. _, Mattagerl~Clerk of place of lodging in which Defidtdant(s) reside(s). Agent or person in charge of Defendant's office ~ usual place of business. an of5cer of said Defendant's cotttpany. _ Other. /J ,~~ Descri fiat: Age ~ IiGigitt ~ J-_ Wit ~ Ra Se,~ Other , a competent adult. being duly sworn aco~ng to law, depose and state tlsat I personally ban a true and correct copy ad the ~re,~osure Canniaint in the manner as set forth herein, issued in the captioned case on .the data and at the address indi tiL1NN M. fATTERPIELD Sworn to and subscxi N®tOry Public, North Carolina beforemethis 13~~y ®unoombeCounty of vv~.v ~ My Commission Expires -~- Dto~mb~r 05, 2012 Notary: sy: NoT sExv~D On the day of , 20 , at _ o'clock ,_ M., I, . a competent adult hereby state that Defert nt FOD cause: _ Vacant -Does Not Exist ,Moved _ Does Not Reside (Not Vacant) No Answer on at at _ ServicelZefnsed Other: Sworn to and subscribed before me this day of '~". Notary: By: ATTO1fINEY FOR IaI.T I.awa+ettoe T. Phelan, l3aq., id. No. 32227 Francis S. Hallinsa, lssq., T,d. No. 62695 Daniel G. Scittnieg, Esq.. Jd. Na 62205 Michele M, Bradford, Esq., ld Na 69849 3uditb T. Rommto„ Esg„ Jd. No. 58745 ]crone R Dave}, Esq., Id. No. 87077 Lauren R Tabus, Esq., Id. Na. 93337 Jay $. Janes, Esq., Id. No. 86657 Andrew L. Spavsck, Esq., id. No. 84439 Chrisovalante P. Fliakos, Esq., Jd. No. 94620 Courtenay R Dunn, Esq., id. No. 206779 Allison F. Wells,l3sq.,1d. No. 309519 Meflssa J. Cantwell, Esg, Id. No. 308912 Maria J. Hanycm, Hsq., Id. Na 203993 Andmw J. Marley, Esq., ld. No. 312314 Robert W. Cusick, Esg.. kl. No. 80 i43 John M. Kdesnik, Esq., Id. No. 308877 Matthew C_ Bn3sitwood, Esq., Id. No. 310592 Zachary J. Jones, Esq., Id. No. 31072 t Justin F. ICobeski, Esq.. ld. No. 200342 One Penn Cem«~ at Suburban Station ",-, r'f -, ,__. ~~ ,~- c,;~ ""' mss' .,_ a ~ ` ~-:F ~1l'~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA METLIFE HOME LOANS, A DIVISION OF • Court of Common Pleas METLIFE BANK, N.A. • Plaintiff • Civil Division v. • CUMBERLAND County JUSTIN J. STAUB No.: 12-4338-CIVIL Defendant RULE AND NOW, this ^i• day of Are/ 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T- C01_ fr„:4 A J. • T-T-T '■1 i/f( i . tic///,.„ ti6 'tic. ek.7 287513 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 METLIFE HOME LOANS, A DIVISION OF Court of Common Pleas METLIFE BANK,N.A. Plaintiff Civil Division vs. CUMBERLAND County JUSTIN J. STAUB No.: 12-4338-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 4, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. C JUSTIN J. STAUB JUSTIN J. STAUB I" 2 OAKVIEW RD 441 PINE GROVE ROAD .`"� � (Z)CID APT 2 GARDNERS,PA 17324-8818 ASHEVILLE NC 28803-1400 En Phel alli n, LLP DATE: By: ran Etkowicz,Esq., Id. No.208786 ey for Plaintiff 287513 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 METLIFE HOME LOANS, A DIVISION OF • Court of Common Plea METLIFE BANK,N.A. • -0 pi=, -� Plaintiff • Civil Division • ter' w D c) c� vs. • CUMBERLAND Ciz@y JUSTIN J. STAUB No.: 12-4338-CIVI5c c? ' • Defendant -c r f MOTION TO MAKE RULE ABSOLUTE METLIFE HOME LOANS, A DIVISION OF METLIFE BANK,N.A., by and through its attorney,hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on April 1, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 25, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about April 4, 2013 directing the Defendant to show cause by April 24, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on April 12, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 287513 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of April 24, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan . : an, / P DATE: V2-4/3 By: %,,A Jo M. tkowicz, Esq., Id.No.208786 • ••rney for Plaintiff 287513 Exhibit "A" 287513 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania and New Jersey March 22,2013 JUSTIN J. STAUB 2 OAKVIEW RD APT 2 ASHEVILLE,NC 28803-1400 RE: METLIFE HOME LOANS,A DIVISION OF METLIFE BANK,N.A.v. JUSTIN J. STAUB Premises Address: 441 PINE GROVE ROAD GARDNERS,PA 17324 CUMBERLAND County CCP,No. 12-4338-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 3/30/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, J0,- than Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Enclosure 287513 M sue," Sat; f_,,,-a?,0,:•: <l )V Snd S( <3.> >#,.r j;'.:;, il - .H �,. s C u a H ., a . x 3 d G,o • o sr -b N'3 • 0. B $W E., U v r~ � ,-60 E - $ .. r � 0 g • u c a C 5- 0 . O^ U 0o 0 'y O° d-E o C.a. y a • U A'OE y pp a NI 44 0 o r oo re 4t t x45 .k.e 0 E.C`' 1, a, z o O a aW C C• 0o a°.e oft ^1 c r. - •• ao a. cn N o GO eV a r` @ " N N Q v g Z d Q 0, .• u P Q U a• 1.. m 6dx ! :, g .:I• � sF —ill I a) x zx .% x k I ^ 1 U cts.tn..): -x C 3 v • � .o Q I 2� M ort u za z• < O .-a l Na GT* Exhibit "B" 287513 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA METLIFE HOME LOANS, A DIVISION OF • Court of Common Pleas • METLIFE BANK,N.A. Plaintiff • Civil Division v. • CUMBERLAND County JUSTIN J. STAUB : No.: 12-4338-CIVIL • Defendant RULE AND NOW. this `+f day of tare, 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T CO? A J. C: L'7 t < - ) i ie„ j/4/3 e/// 287513 Exhibit "C" 287513 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 METLIFE HOME LOANS, A DIVISION OF Court of Common Pleas METLIFE BANK,N.A. . Plaintiff Civil Division vs. CUMBERLAND County JUSTIN J. STAUB No.: 12-4338-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 4,2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. JUSTIN J. STAUB JUSTIN J. STAUB 2 OAKVIEW RD 441 PINE GROVE ROAD APT 2 GARDNERS,PA 17324-8818 ASHEVILLE,NC 28803-1400 Kick Ilallir ,a,LLP /3 - DATE: ( By .c than . I;tko icr.Esq., Id.No.208786 o�orney for Plaintiff 287513 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 METLIFE HOME LOANS, A DIVISION OF • Court of Common Pleas • METLIFE BANK, N.A. Plaintiff • Civil Division vs. : CUMBERLAND County • JUSTIN J. STAUB : No.: 12-4338-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. JUSTIN J. STAUB JUSTIN J. STAUB 2 OAKVIEW RD 441 PINE GROVE ROAD APT 2 GARDNERS, PA 17324-8818 ASHEVILLE,NC 28803-1400 Phelan - linan, LP DATE: 14/2-q/l3 By: /I✓ Aitj Jon; an M. Et owicz, Esq., Id.No.208786 A firrney for Plaintiff 287513 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA METLIFE HOME LOANS, A DIVISION OF Court of Common Pleas METLIFE BANK,N.A. Plaintiff Civil Division vs. CUMBERLAND County JUSTIN J. STAUB No.: 12-4338-CIVIL Defendant ORDER AND NOW,this X" day of M&1 , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $120,416.62 Interest Through June 5, 2013 $11,472.25 Late Charges $124.84 Legal fees $1,450.00 Cost of Suit and Title $820.50 Property Inspections $90.00 Property Preservation $652.00 Escrow Deficit $3,312.24 TOTAL $138,338.45 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ` INVIAIA SN'4?d BY T COURT: N"00 GNV18 J. 0 11�0-03� ILi i 28751.3 PHELAN HALLINAN,LLP Attorney for Plaintiff n Meredith Wooters,Esq., Id. No.307207 � .� 1617 JFK Boulevard,Suite 1400co *� One Penn Center Plaza =,M D � .-am, Philadelphia,PA 19103 (/)r— ry ;U 215-563-7000 IN THE COURT OF COMMON PLEAS =© Q n OF CUMBERLAND COUNTY,PENNSYLVANIA T7 `•°• ' METLIFE HOME LOANS,A DIVISION OF CUMBERLAND COUNTY_ METLIFE BANK,N.A. Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JUSTIN J.STAUB No.: 12-4338-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P. 3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Meledith Wooters,Esq.,Id.No.307207 3 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that.a representative of the plaintiff is not present at the sale. PHS#287513 Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 ()f Sender One Penn(:enter Plaza PhilaJelphia,PA 19103 PAS/KXL-06/0512013 SALE A N Line Article Number Nnmc at Addressc Strcct And Post Office Address Postage ( o �`�• TENANT/OCCUPANT $0.44 441 PINE GROVE ROAD GAROKER" PA 17324-8818 l 2 _ s*** FIRST NATIONAL.BANK OF PENNSYLVANIA,UNE FX-B BOULEVARD HERMITAGE,PA 16148 50:44 � 3 ••*" FIRST NATIONAL BANK OF PENNSYLVANIA,COMMERCIAL-CAPITAL,ONE FNB BOULEVARD 50.44 HERMITAG E,PA 16148 d ++* FIRST NATIONAL.BANK OF VENNSYI.VANIA,TnCHNOI,OCY CF.NTER/I..OAN OPERATIONS 50.44 4140 EAST STATE STREET HMMITGACE,PA 16148 JUSTIN J.STAUB C/O MICHELLE L.S.OMMER,ESQUIRE,ABOM&K LLP 50.44 2 WEST 1IICIi S`I'RE CARLISLE PA 170J3 6 •"` KRISTIN M.STAUB SO.44 20 LOGAN DRIVE NEW FREKDOM PA 17349-9404 ? ,""• KRISTIN M.STAUB,C/O hIARTHA B.WALKER,ESQUIRE $0.44 WALKER,VAN HORN&MACBRIDGE,P.C. P.O.BOX 309 �fr/ CHAMBERSBIIRG PA 17201 Domestic Itelations of SOAd vAj a s- CumberinndCounty 13 North Hanover Street Carlisle,PA(70,13 9 Commonwealtb of Pennsylvania gp,yq i Department of Welfare T If P.O.Box 2675 Harrisburg,PA 17105 10 **** Internal Revenue Service Advisory 50.44 , 1tM11 Liberty Aveaue Room 704 ' PiMburigh,PA 15222 I I *`*` U.S.Department of Justice SO.44 U.S.Attorney for the:Middle District of PA t Federal Building 228 Walnut Street,Suite 220 PO Box 11754 Harrisburg,PA 17108-1754 1.RE.JUSTIN J.STAUB CUMBERLAND :PITS N287513/1021 Page 1 of l WrH Tegrh 54.84 Tnnl Nemher of TNal NsanAer ed'Pieres IAwaueer,i4r(Nantenf The full&dwxirn afvrt is requ*M m ilidnmesje as]ittecaatienal repsfacl met,Tbcm tmatnittdrmait m-sbte 'Pieeet linedhy5eaier retthcd at Pou Oata &euiviag ranpio)-) - for&mcrosuccliaa urotamrgo6abk dmr"ts wderExpim Mul docsmeat rccownxticn irsarsteee is 150900 pa . *w ubject tea limi1ofM,00Dpcotsiaxnte. SS00. The madman indemnity yarebk is SZS,900 fortnaistcrad mail,xrt>ntb aptieoal inanrorce.See pmestie Mrs Monwl Ro00 S9l3and Mti f N ituie of Form 3877 Faesimile OF THE PROTHONOTARY PHELAN HALLINAN,LLP 2013 JUL —3 AM 9: v 0 Attorney for Plaintiff CUP�O�R�H�O COUNTY One Penn Center Plaza PENNSYLVANIA 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 12-4338-CIVIL JUSTIN J. STAUB Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice.of Sale upon the above-captioned Defendant, JUSTIN J. STAUB, by certified mail and regular mail to JUSTIN J. STAUB at 441 PINE GROVE ROAD, GARDNERS,PA 17324-8818 and posting 441 PINE GROVE ROAD, GARDNERS, PA 17324- 8818 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for August 7, 2013.. 2. Pennsylvania Rule of Civil Procedure(Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30)days prior to the scheduled sale date. 3. Attempts to serve Defendant, JUSTIN J. STAUB, with the Notice of Sale at the mortgaged premises, 441 PINE GROVE ROAD, GARDNERS,PA 1.7324-8818, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as the property is vacant. 4. Attempts to serve Defendant, JUSTIN J. STAUB, with the Notice of Sale at 2 OAKVIEW ROAD,APT 2,ASHVILLE, NC 28803-1400 have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as the Defendant no longer resides at the said address. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 6. Plaintiff contacted the Prothontary's Office and as of June 4, 2013, no Judge has previously entered a ruling in this case. 7. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on June 13, 2013 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs June 13, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 8. Plaintiff submits that it has made a good faith effort to locate the Defendant, JUSTIN J. STAUB, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to JUSTIN J. STAUB at 441 PINE GROVE ROAD, GARDNERS, PA 17324-8818 and posting 441 PINE GROVE ROAD, GARDNERS,PA 17324-8818 Phelan Hallinan, LLP DATE: 3' By: IIVI AAA 1,1/vu VAXI /� Phelan Hallinan, LL Meredith Wooters, Esq., Id. No.307207 Attorney.for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 21.5-563-7000 PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 12-4338-CIVIL JUSTIN J. STAUB Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2,it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a)for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant,JUSTIN J. STAUB, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 1.65, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2)inquiries of relatives, neighbors, friends, and employers of the defendant, and (3)examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE,Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to JUSTIN J. STAUB at 441 PINE GROVE ROAD, GARDNERS,PA 17324-8818 and posting 441 PINE GROVE ROAD, GARDNERS,PA 17324-8818. Phelan Hallinan, L P Q DATE: I J By: Y r 1 VaLum Meredith Wooters,Es ., Id.No.307207 Attorney for Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 METLIFE HOME LOANS,A DIVISION OF METLIFE BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 12-4338-CIVIL JUSTIN J. STAUB Defendant CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order,Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. JUSTIN J. STAUB 441 PINE GROVE ROAD .GARDNERS,PA 17324-8818 Phelan Hallinan, LLP DATE: By: Offiw" Nov Meredith Wooters, Esq.,Id. No.307207 Attorney for Plaintiff dd EXHIBIT 99 287513 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CU1vIBFRLAND COUNTY tIMFT1,TFE HOME LOANS,A DIVISION OF Ml;' IME HANK,N.A. PI[S if 287513 DEBENDANT SERVICE Y':AtP?/txh JUSTIN J.STAUB COURT NO.: 12.4338-CIV1I. SERVE JUSTIN J.STAUB AT: TYPE OF ACTION 441 PM GROVE ROAD XX'Notice of Sheriffs Sale GARDNERS,YA 17324-8818 SALE DAM June 5,20.13 SERVED Served and!Wade known to JUSTIN J.STAUB.Defendant on the day of_.20 at o'clock_M.,at in the manner described below; —Defendant personally served. _Adult funnily member with whom Defendant(s)reside(s). Relationship is ^_Adult in charge of Defendant's residence who refused to give name or relationship. _Managcr/Clerk of place of lodging in which Dcfendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of hnsiness. _ .._ all officer of stud Defendant's company. Other: Description: Age Height _ Weight Race SexOther I, ,a competent.adult,hereby verifv that I personally Muded a trite and correct copy of the ]cttice<tf SherLf_f&SuJe in the manner as set forth herein,issued in the captioned case on the(late and at the address indicated ahove. I understand that this statement is mnde Subject to the penalties of 18.Pa. CS. Sec.4904 relating to answorn falsification to authorities, DATE: NAME: PRLNTF..D NAME: Tl.TLs: t�tCi'1°S V,R V[:.*11 f �+ On the_ doyy of MKOL 2t),3111 bed`�ta'circl IVI.,1, ?t [}� _�`3,_ . a contpt lc!tt luiult hereby state tha�Tcten(iartt IT6'I-F"(St7fvL>�sCCfluse; x`Vacant Does Not Exist _ Moved _Does Not Reaidc(Not Vacant) _No Answer on _Service Refused Other: I undarsfsmd that.this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relnting to unsworn ftl�ill(�:ttlee i�:iill:S(irltiCS. 11 Y Nx q Itit1lV`i't;i N.h;cil; ayl, rt �?C�fa`1 (at,�k W A'1"t C)ltti;;1 lt11_:I!t�17N.I"f_i%t� C'he.lan flallinnn,LLY 1611 JFK Boulevard,Suitc 1400 One Penn t_rnter'Plam Philadelphia,PA 19103 (2t 5)i6327000 Process Sem.-ver Cher ck List If Service Ts Made : Souses Names if App.licabl.r Wife ; H u s r aR.,.... _ S:)i,vorc.ed : Yes { ) No ) No 5ct vice Maicle I . vacant : Yes ( X NO ( ) 2 . is there a name or) the mai.Tbox? is it the defendants? 3 . Neighbor Contact : :Yes ( ) No { Left Side : Rigbt. Side : 4 , For sale Sign: Yes { i No Realtor Name : Company .Name : Phone Number: S . Car in Dri.ve Way Yes ( ) No ( ) Plate Number: AFJrMA'VIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY METLIFE HOME LOANS,A DIVISION OF MET1'dFE BANK,N.A. PRS#287513 DEFENDANT SE RVICE'l RAM/1 c t JUSTIN J.STAUB COURT NO.:124338-CIVIL SERVE JUSTIN J.STAUB AT: TYPE OF ACTION 2 OAKVrEW RD XX Notice of Sheriff's Sate APT 2 SALE DATE: June S.2013 ASHEVZLE,NC 28803-1400 Served and made known to JUSTIN 1,ST6-U,Defendant on the ,_,_,,,day of .20_,at ootock,,,,.M.,at ,in the manner described below: —Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendants)reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other. Description: Age Height Wright Race Sex Other 1,, _.a competent adult,being duty sworn according to law,denose and state that r personally handed a true and correct copy of the mice o('$hejffs Sale 16 the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 20_. Notary: By: ,..�� •�, c< �,.�,�:.r'.--n;,41:GI"'.. On the day of 4v 24 ,at D o'clock.M„h a ,:r° a competent adult hereby state that a endant NU eea se: —Vacant _Does Not Exist x Moved _Does Not Reside(Not Vacant) `.No Answer on at at_ _ _Service Refused Other. swr)ril to and snbsr -tt l lle.forcrnr.rttia. dry By: Notary: ATTORNZY FOR PLArNTIFF - �~ Phelan Hallinan,LLP tititltlsrrrrrr, 1617 1F Boulevard,Suite 1400 `N"',t ')AT,( r'�r�� One Penn Center Plaut =k Philadelphia,PA 19103 &R. (215)563-7000 01 sM IN, 0 �. 080427 EXHIBIT "B" 287513 AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 287513 Attorney Firm: Phelan Hallinan,LLP Subject: Justin J.Staub Property Address: 441 Pine Grove Road,Gardners,PA 77324 Possible Mailing Address: 2 Oakview Road, Aparh)tent 2,Asheville:NC 28803 1.CREDIT INFORMATION A. SOCIAL SECURITY NUNIBP..R Our search verified the following information to be true and.correct Justin J.Staub-xxx-xx-5655 B. EMPLOYMENT SEARCH Justin J,Staub-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Justin J.Staub reside(s) at:441 Pine Grove. Road,Gardners,PA:17324. II.INQUIRY OF TELEPHONE COMPANY A. DIREC-.I'ORY ASSISTANCE SEARCH. Our office searched directory assistance databases,which had no listing;for Justin J. Staub. B. On 05-17-13 our office made several telephone calls to a possible phone nutnber of the subject(s) (717)609-2062 and received the following information:answering machine. III.INQUIRY OF NEIGHBORS On 05-17-13 our office made several phone calls in an attempt to contact Susan E. Allison(717)486-8284,443 Pine.Grove Road,Gardners,PA 17324:answering machine. On 05-17-13 our office made several phone calls in an attempt to contact Gar Botterbusch(717) 4:86-7611,438 Pine Grove Road,Gardners,PA 17324:: answering :machine. On 05-17-13 our office made several phone calls in an attempt to contact Lorenc W. Bennett(717)486-4992,445'Pine Grove Road,Gardners,PA 17324:answering, rMichine. On 05-17-13 our office made several phone calls in an attempt to contact Marva M. Ferguson(828)505-3757,2 Oakvie.w [load Apartinent:'l, Asheville,NC 28803:Ilk) answer. On 05-17-13 our office made several phone calls in an attempt to contact Mary J. Roltgen (828)277-1975,2 Oakview Road Apartment 5,Asheville,NC 28803: answering machine. On 05-17-13 our office made several phone calls in an attempt to contact.Daniel Hama.ker(828)505-2538,2 Oakview Road Apartment 10, Asheville,NC 28803: answering:machine. IV.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 05-17-13 we reviewed.the National Address database and found the following infornuition:Justin).Staub-2 Oakview Road Apartment 2,Asheville,NC 28803. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing;address:2 Oakview Road Apartment 2,Asheville,NC 28801 V.OTHER INQUIRIES A., DEATH RECORDS As of 05-17-1.:3 Vital Records and all public databases have no death record on file for Justin J.Staub. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Justin J. Staub-1.980 *Our accessible databases have been checked and cross-referenced for the above named individual(s). " Please be advised our database information indicates the subject resides at t17e current address. I hereby verify that the statements made:berein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the•g7f.`ix kids of 18 Pa C.S, 4904 relating to unsworn falsification to authorities. AA c 'rjw ,bavt inforataaon is oblauw d frotn available pubes:.records and we are only]W)Ie.ror dtr cost of tfie affidava. EXHIBIT 66Cl9. ., . • � !K r Name and Phelan Hallinan,LLP � Address 1617 JFK Boulevard.Suite 1400u Of Sender One Penn Center Plaza C� Piwadclwhia.PA 19103 LXH ILine I Article Number ' Name of Addressee,Street,and Post Office Address Postage " ! 1 ** * Jfj4°f'v4 j.STAIIB 50.46 441 PINE GROVE ROAD � � M•4.-- r - j G., iI)NERSY:PA 17324-851$ 2 t $0.46 y - _ l f � _ t E. RE:JtlSTI Y'J.STA -D(CLj i*iit.t E'R- ok.t0) TEA M4 PHS#287513/1021 N-sc 1.of 1 I S6.92 ( { Tdtai u r be�f ii 'rctal L'nntrra es 1 ?mwns:w„Per. (Name a r oi 311&nestic-=4 irGw4ovA teyr Ax'd mari ..�c TrAwD-im iz3c:stity i:ybut Piecrs listed by Sender ! Received at Pwt offce Receiving Etuployee) for tFc dwunicrts tw6cr Fxpxss mml em=en racanisuelan tmunv rs S lax---- I111 VI—$OAt172� 14010 WM)7Cac:=,nC :711emmximum lrdbn4ty. 'Exrnec kl:i nierchU swis$500. �isataaXa..;>:.n:rxrzrr� ysoie- 5 5t( u her iegist,r d rn!!.wi;with opiic,3S nium-:ct .S� e�^.ns5u.c Lu1'�',zfrnJ 1 R D ]i and 5921.u.rh srara... *PC0 CVRRENCE LETTER*:}*LXH 287513 i h Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 21.5-563-7000 FAX#: 215-568-7616 E-mail lily.haine �vphelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1.401 Representing Lenders in Service Department Pennsylvania . June 13,2013 JUSTIN J. STAUB 441 PINE GROVE ROAD GARDNERS, PA 17324-8818 RE-: METLIFE HOME LOANS,A DIVISION OF METLIFE BANK,N.A. v. JUSTIN J. STAUB Premises Address: 441 PINE GROVE ROAD, GARDNERS,PA 17324-8818 CUMBERLAND County,No. .1.2-4338-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by June 20, 2013. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Iiallinan,LLP 287513 3 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA METLIFE HOME LOANS, A DIVISION OF METLIFE BANK,N.A. CIVIL DIVISION Plaintiff NO. 12-4338-CIVIL V. JUSTIN J. STAUB Defendant ORDER AND NOW, this day of 2013, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on.Defendant JUSTIN J. STAUB by: REGULAR MAIL TO JUSTIN J. STAUB at 441 PINE GROVE ROAD, GARDNERS,PA 1.7324-8818 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO 441 PINE GROVE ROAD, GARDNERS, PA 17324-8818 Service by mail is complete upon the date of iling POSTING 441 PINE GROVE ROA RDNERS,PA 17324- 8818 BY T COU J. PHS #287513 CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 �co `" Philadelphia,PA 1.9103 i � JUSTIN J. STAUB o 441 PINE GROVE ROAD, GARDNERS, PA 17324-8818 co ;Z7 ���13 Q ( 1L'E0 OFF]C:E F THE.PROTHONOTARY PHELAN_HALLINAN,LLP Attorney for Plaintiff 203`t}�G 30 10' O 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza )M MRLANO COUNTY PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 12-4338-CIVIL JUSTIN J. STAUB Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail,return receipt requested,to JUSTIN J. STAUB on JULY 23,2013 in accordance with the Order of Court dated JULY 9,2013. The property was posted on JULY 30, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: By: / r ,47`?� Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA METLIFE HOME LOANS,A DIVISION OF METLIFE BANK,N.A. CIVIL DIVISION Plaintiff NO. 12-4338-CIVIL V. JUSTIN J.STAUB Defendant ORDER AND NOW,this day of 2013,after consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court,it is hereby: ORDERED that pursuant to Pa. R.C.P.430(a), service of the Notice of Sale is permitted on Defendant JUSTIN J. STAUB by: a✓ REGULAR MAIL TO JUSTIN J.STAUB at 441 PINE GROVE ROAD,GARDNERS,PA 17324-8818 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO 441 PINE GROVE ROAD,GARDNERS, PA 17324-8818 Service by mail is complete upon the date of ' 0 /Fnailing /0 POSTING 441 PINE GROVE ROA RDNERS,PA 17324- 8818 BY . COU J. PHS#287513 C C F HELAN HALLINAN,LLP (Z ° -n 1617 JFK Boulevard,Suite 1400 `" Philadelphia,PA 19103 rte-• ter- JUSTIN J. STAUB n q o 441 PINE GROVE ROAD,GARDNERS,PA 17324- 8 881 c)-n II ���►..� -C C]o i7 -c Name and PHELAN HALLINAN&SCHIVHEG Address One Penn Center at Suburban,Suite 1400 of Sender Philadelphia,PA 19103 Line Article JUSTIN J.STAUB Postage Number 441 PINE GROVE ROAD GARDNERS,PA 17324 2 3 q **s* . 5 _ -—9 **+ 10 **: 12 *ss* 13 **s* 14 15 RE:STAUB. PHS#287513 -Total Number of v` Total Number of Pieces Postmaster,Per(Name of Receiving Pieces Listed by Sender Received at Post Office Employee) LXH-CERTIFICATE OF MAILING-NOS CODE- 1020 1 7178 2417 6099 0140 8565 LNM/781335 JUSTIN J. STAUB 441 PINE GROVE ROAD GARDNERS, PA 17324-8818 --fold here(regular) --fold here(6x9) --fold here(regular) q UNMOSTArES P Date Produced: 08/12/2013 PHELAN HALLINAN & SCHMIEG The following is the delivery information for Certified MailTM item number 7178 2417 6099 0140 8565. Our records indicate that this item was delivered on 08/06/2013 at 09:39 a.m. in PHILADELPHIA, PA, 19103. The scanned image of the recipient Information is provided below. r Signature of Recipient: elm Aw Ito V ., Address of Recipient: �""'� �M�►,,::s , Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 140694 9 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY METLIFE HOME LOANS,A DIVISION OF METLIFE BANK,N.A. PH N 781335 DEFENDANT SERVICE TEAM/sul JUSTIN J.STAUB COURT NO.:12.4338-CIVIL SERVE JUSTIN Ji STAUB AT: TYPE OF ACTION 441 PINE GROVE.ROAD XX Notice of Sheriffs Sate GARDNE RS,PA 17324-8818 SALE DATE:08/07/2013 ****PLEASE POST THE PROPERTY*** ***PLEASE POST THE PROPERTY PER THE COURT ORDER. PLEASE POST BY 811*** Served anel.made known to .JUSTIN.J.STAUl3 Defendant can the day of �L ,20 �3,at �1 , o'cloc M:,at 41._O NF OROVF.."R.OAD GAItDNEFZR PA"17324.8818,in the manner described below: l�cl'$ndiin[persnniilly u:t vial.. —Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or.usual place of business. _ an officer of said Defendant's company. XX ,`Other: POSTED THE PROPERTY Description: Age i Height Weight Race Sex Other I, & " a a competent adult,hereby verify that F personally posted the property with a true and correct copy of the Notice'of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Seca 4904 relating to unsworn falsification to authorities. DATE:. 28t 5. NAME:. PRINTED NAw: TITLE; NOT SERVED On the day of 20 ,at_o'clock .M.,I, a competent adult hereby state tha�fendant NOT FOUND because: _ , Vacant _Does Not Exist _Moved Does Not Reside(Not Vacant) _No Answer:on at at Service Refused Other: I understand that(this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. By: PRINTED NAME: I ATTORNEY FOR PLAINTIFF 1 Lawrence T.Phelan,Esq.,Id.No,32227 Francis S.Hallinan,Esq.,Id.No.62695 Daniel G.Schmieg,Esq.,Id.No.62205 Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,Id,,No.58745 Jenine R.Davey,Esq.,Id.No.81077 Lauren R.Tabas,Esq.,Id.No.93337 Jay B.Jones,F.sq.,Id,No.86657 Andrew L.Spivack;Esq.,Id.No:84439 Chrisovadante P.'Fliakos,Esq.,Id.No.94620 Courtenay R.Dunn,Esq.,Id.No.206779 Allison F.Zuckerman,Esq.,Id.No.309519 Melissa 1.Cantwell,Esq.,]d.No.308912 Mario J.Hanyon,Esq.,Id.No.203993 r; John M.Kolesnik,Esq,,Id.No..308877 i SH'ERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson " t Sheriff ;. r:{ �p.,a� X17 Nor Jody S Smith O � ' Chief Deputy t3, #�'. t 1 1`3!"10V22 �. 47/ Richard W Stewart `, Efi���iF��1 CouU "?Ty Solicitor OFFICE OF THE'SAERIFF PE S YL�,'�.��+h Metlife Home Loans A Division of Metlife Bank NA Case Number vs. Justin J. Staub 2012-4338 SHERIFF'S RETURN OF SERVICE 04/01/2013 04:04 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 441 Pine Grove Road, Dickinson Township, Gardners, PA 17324, Cumberland County. 05/29/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013 08/07/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/4/2013 09/05/2013 Ronny R. Anderson, Sheriff, 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 Cumberland County,Courthouse, 1 Courthouse Square, Carlisle, PA on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $931.17 SO ANSWERS, November 20, 2013 RbNW R ANDERSON, SHERIFF a.as- ,�l Co. sa LLp� ,�A' ,W 939'x! (c)CountySuite Sheriff,Telecsoft,Inc. On March .12, 2013 the Sheriff levied upon the defendant's interest in the.real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as 441 Pine Grove Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: Real Estate Coordinator ZZ aE d- I — MI OR CUMBERLAND LAW JOURNAL Writ No. 2012-4338 Civil METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA VS. JUSTIN J. STAUB Atty.:Joseph P. Schalk By virtue of a Writ of Execution NO. 12-4338-CIVIL,METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. vs. JUSTIN J. STAUB owner(s) of property situate in the TOWNSHIP OF DICKINSON, Cum- berland County,Pennsylvania,being 441 PINE GROVE ROAD, GARD- NERS, PA 17324-8818. Parcel No. 08-39-2225-001. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$125,368- .70. 73 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: April 12, April 19 and April 26, 2013 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. (3,10 Marie Coyne, Ed for SWORN TO AND SUBSCRIBED before me this 26 day of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020, Technology..Pkwy the atr1*otwXtws Suite'300 Mechanicsburg, PA 17050 NOW you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 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 Marianne Miller, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly 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 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. 2012-4=Civil This ad ran on the date(s)shown below: METLIFE HOME LOANS 04/16/13 IVISION OF METLIFE BANK A Vs. 04/23/13 JUSTIN J.STAUB Atty: Joseph P.Schalk 04/30113 By virtue of a Writ of Execution NO. 124338-CIVIL . . . . . . . . . . . . . . . . . METLIFE HOME LOANS,A DIVISION OF METLIFE BANK,N.A JUSTIN J.STAUB Sworn to and subscribed before This 13 day of May, 2013 A.D. owner(s) of property situate in the TOWNSHIP OF DICKINSON, -Mal Cumberland county,Pennsylvania,being I 'I q A Yu LJ (Municipality) ubllc 441 PINE GROVE ROAD,WDNERS, PA 17324-8818 Parcel No.08-39-2225-001. (Acreage or street address) Improvements thereon: RESIDENTIALa DWELLING JUDGMENT AMOUNT:$125,368.70 COMMONWEALTH OF PENNSYLVANIA -- - — — Notarial Seal Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 1 st day of March, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4338, at the suit of Metlife Home Loans against Justin J. Staub is duly recorded as Instrument Number 201337498. IN TESTIMONY WHEREOF, I ha hereunto set my hand and seal of said office this 0?-d- day of A.D. a6 Recorder of Deeds Recorder of Deeds, timberland County,Carlisle,PA My Commission Wres the Fast Monday of Jan.2014