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HomeMy WebLinkAbout12-6244~' ~ ~ ~-~F~~C~ PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK SUCCESOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 824 NORTH MARKET STREET SUITE 100 WILMINGTON, DE 19801 Plaintiff v. DAVID HUGHES KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 Defendants ~~~'~ ~~T -5 A 1 { ~ 6 3 ;t1.4c~i~.~P~D C~~ti~T1` °~'SYI.V~~Pd1r~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE S ~` /d 3.75 t~'~J~ e~~ / 2 a L.~9y File #: 270430 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 270430 1. Plaintiff is SOVEREIGN BANK SUCCESOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 824 NORTH MARKET STREET SUITE 100 WILMINGTON, DE 19801 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID HUGHES KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/22/1999 DAVID HUGHES and KAREN J. HUGHES made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1537, Page 821.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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2011 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 #: 270430 6. The following amounts are due on the mortgage as of 07/03/2012: Principal Balance $55,410.07 Interest $4,536.76 12/01/2010 through 07/03/2012 Late Charges $450.81 Property Inspections $155.25 Escrow Deficit 2 624.98 TOTAL $63,177.87 7. Plaintiff is not seeking a judgment of personal liability (or an in nersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have 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(s) on the date(s) set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $63,177.87, 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. By: PHELAN HALLIN Allison 1~-Wctts, Esq., Id. o~ 09519 Attorney for Plaintiff File #: 270430 LEGAL DESCRIPTION ALL THAT CERTAIN tract or pazcel of ground situate in the Borough of camp Hill, Cumberland County, Pennsylvania, more particulazly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of North Twenty-First Street at the southern line of Camp Hill Church Plot; thence along land of Camp Hill Church Plot et al North sixty-eight (68) degrees thirty (30) minutes East one hundred fifty and seventy-three hundredths (150.73) feet to an iron pin in the western side of a ten (10) feet wide alley; thence along the western side of said alley south nine (09) degrees forty-five (45) minutes east ninety-eight and hundredths (98.05) feet to a stake in the northern line of other land now or formerly of Clive J. York; thence along said line and for part of the distance through the paztition wall sepazating houses Nos. 109 and 107 North Twenty-First Street south seventy-seven (77) degrees seven (07) minutes forty-seven (47) seconds West one hundred forty-seven and fifty-seven hundredths (147.57) feet to a point in the eastern side of North Twenty-First Street; thence along the eastern side of North Twenty-First Street, north thirteen (13) degrees twenty-six (26) minutes West seventy-four and one hundredths (74.01) feet to the point and place of BEGINNING. HAVING thereon erected the norther half of a double Brock dwelling house known as no. 109 North Twenty-First Street. BEING THE SAME PREMISES which Wilma O. Radle, widow, by her Attorney-in-Fact, Beverly I. Bosetti, by Deed bearing date the 16th day of November, 1994, and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, on the 30th of November, File #: 270430 1994, in Deed Book 115, Page 488, granted and conveyed unto David Hughes and Karen J. Hughes, husband and wife. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. Tax Map O 1-21-0271-3 84 PROPERTY ADDRESS: 109 NORTH 21ST STREET, CAMP HILL, PA 17011-3809 PARCEL # 01-21-0271-384 File #: 270430 VERIFICATION ~ hereby states that he/she is ~arec~asurt~mi-uST~dg0i6f SOVEREIGN BANK N.A. FORMERLY KNOWN AS SOVEREIGN BANK, SUCCESSOR BY MERGER TO WAYPOINT BANK S/B/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, 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. DATE: ~ ~ o~ File#: 270430 Name: HUGHES Title: ~p r e G I d 5 u re ,A~d m i n i s ~"ra--~"o r SOVEREIGN BANK, N.A. File #: 270430 FORM 1 SOVEREIGN BANK SUCCESOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff(s) vs. DAVID HUGHES KAREN J. HUGHES Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY~A l~, ~~' rim ~ ---3 ~-± -=-' ~ ;~ ~:, r,,., -a r.~.~: ; ~ ~' C't ~ . «; ~~ - s:,~a~; _ - Civil ~ .~ ~ ^' NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE 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 able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, 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 at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a fmancial worksheet in the format attached hereto, the legal representative will prepare and a 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 an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender 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 for a 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 requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a fmancial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed 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 out reasonable arguments 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: -- Allison F. Wells, sq., Id. No. 309519 Attorney for Plaintiff FORM 2 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Cumberland County Court of Common Pleas 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 counseling agency. 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 different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: Loan Number: State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ State: Zip: Home: Office: Cell: Other: How long? State: Zip: Home: Office: Cell: Other: How long? Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary 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: Amount owed: Automobile #2: Model: Amount owed: Value: Value: Other transportation (automobiles boats motorcvclesl• Model: Year: Amount owed: Value Monthlv Income Name of Employers: Year: Year: 1 • Monthly Gross Monthly Net 2• Monthly Gross Monthly Net 3• Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthlv Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mort a e Utilities Car Pa ment s Condo/Nei h. Fees Auto Insurance Med. not covered Auto fuel/re airs Other ro a ent Install. Loan Pa ment Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuft. Other Ex enses 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: 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 known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: UWe, ,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. UWe understand that Uwe am/are under no obligation to use the counseling services provided by the above named ., Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 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 CUMBERLAND COUNTY RonnyRAnderson ~fi^~D-~?F~f(; Sheriff ~i~ ~~~ ~~~~~~~~ ir~h,',= ~~~,~,tr at~ ~ea~brr~~~,;~ Jody S Smith Chief Deputy ~:- , ~~~...~; ~Q~~ ~~~ "'~ ~~ ~~ ~5 t Richard W Stewart ~(jM~~~(,A~Q ~~~~~~_ solicitor ~,t:~~F ". °>`~~,~~ PE~tNSYLVANIA Sovereign Bank vs. Case Number Karen J. Hughes (et al.) 2012-6244 SHERIFF'S RETURN OF SERVICE 11/07/2012 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Karen J. Hughes, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Served" at 109 N. 21st Street, Camp Hill Borough, Camp Hill, PA 17011. Deputies were advised by a neighbor that defendant does stilt reside at this address. Six attempts at service were made but deputies were unable to make contact with anyone at the residence and the Complaint has since expired. 11/07/2012 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: David Hughes, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Served" at 109 N. 21st Street, Camp Hill Borough, Camp Hill, PA 17011. Deputies were advised by a neighbor that defendant does sti11 reside at this address. Six attempts at service were made but deputies were unable to make contact with anyone at the residence and the Complaint has since expired. SHERIFF COST: $74.00 November 07, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF !c CcuntyS~arte Shenfi, 1"e7eoscft, Ir:. PHELAN HALLINAN & SCHMIEG, LLP Jonathan Lobb, Esq., td. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK SUCCESOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff r`, ^' ~ f ~., c ~, ~'~tf;~dSY~.V~P~1A COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. DAVID HUGHES . KAREN J. HUGHES No. 12-6244 CIVIL TERM Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & S HMIEG, LLP By: J an Lobb, Esq., Id. No.312174 A orney for Plaintiff Date: November 21.2012 JNL/jgd, Svc Dept. File# 270430 c~*~ 1~ ai4`' C~~ ~~+a ash ~Ka83~3~ FILED-OFFIP- OF THE PROTHo -C Phelan Hallinan,LLP NOTARY 1617 JFK Boulevard, Suite 1400 2013 APR One Penn Center Plaza 23 All o: 1 Philadelphia,PA 19103 Ohst R�­ AND C.06N ' 215-563-7000 T y Attorney for Plaintiff P sylAVANiA SOVEREIGN BANK SUCCESORBY MERGER Court of Common Pleas TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Civil Division Plaintiff CUMBERLAND County VS. No. 12-6244 CIVIL TERM DAVID HUGHES KAREN J. HUGHES Defendants MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendants, DAVID HUGHES and KAREN J. HUGHES, by first class mail to DAVID HUGHES and KAREN J. HUGHES at the mortgaged premises, 109 NORTH 21 ST STREET, CAMP HILL, PA 17011-3809; posting of the mortgaged premises, 109 NORTH 21ST STREET, CAMP HILL, PA 17011-3809; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers the following: 1. Attempts to serve Defendants, DAVID HUGHES and KAREN J. HUGHES, personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendants at the mortgaged premises, 109 NORTH 21 ST STREET, CAMP HILL, PA 17011-3809. As indicated by the Return of Service,no service was made as there was no response to the attempts made by the Sheriff's Deputy. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit"X'. 270430 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendants'whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit"B". 3. Plaintiff contacted the Prothontary's Office and as of April 9, 2013 no Judge has previously entered a ruling in this case. 4. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on April 11, 2013 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiff s April 11, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto,made part hereof, and marked Exhibit IICII. 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendants to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to PaR.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Respectfully submitted, PHELAN HALLINAN,LLP Date: By: Justin t/kobeski,Esq.,Id.No.200392 Attory6y for Plaintiff 270430 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff SOVEREIGN BANK SUCCESOR BY MERGER Court of Common Pleas TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Civil Division Plaintiff CUMBERLAND County VS. No. 12-6244 CIVIL TERM DAVID HUGHES KAREN J. HUGHES Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT I. FACTUAL BACKGROUND Attempts to serve Defendants, DAVID HUGHES and KAREN J. HUGHES,with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendants at the mortgaged premises, 109 NORTH 21 ST STREET, CAMP HILL, PA 17011-3809. As indicated by the Returns of Service, no service was made. Pursuant to PaR.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendants' whereabouts and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendants to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. File 270430 H. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a)specifically states: 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. Pa.R.C.P. 430(a)(2009). In particular: An illustration of a 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. Id. at 430(a)n. Similarly,the Pennsylvania Superior Court has gone on to explain that,"While by no means exhaustive,this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc.v. Major,384 Pa. Super. 625,633, 559 A.2d 941, 946 (1989),meal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the Returns of Service, the Sheriff has been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. III. CONCLUSION Fite#: 270430 As indicated by the Returns of Service, the Sheriff has been unable to serve the Complaint upon the Defendants. Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Respectfully submitted, PHELAN HALLINAN, LLP Date: 412Z 1-7, By: Jusri/F. kobeski, Esq.,Id.No.200392 Attgfmey for Plaintiff File M 270430 S Exhibit "A" 270430 f SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ��api2 at Caun6rrrgh Jody S Smith Chief Deputy Richard tW Stewart. solkitor oFFWA C-°THE te..EWF Sovereign Bank Case Number vs. Karen J.Hughes(et al.) 2012-$2 ! SHERIFF'S RETURN OF SERVICE 11/07/2012 Sheriff Ronny R Anderson,being duly sworn-according to low,states he made diligent search and inquiry for the within named Defendant to wit:Karen J.Hughes,but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Served"at 109 N.21st Street,Camp Hill Borough,Camp Hill,PA 17011.Deputies were advised by a neighbor that defendant does still reside at this address.Six attempts at service were made but deputies were unable to make contact with anyone at the residence and the Complaint has since expired. 11107/2012 Sheriff Ronny R Anderson,being duty sworn according to taw,states he made diligent search and inquiry. for the within named Defendant to wit:David Hughes,but was unable to tocate the Defendant In his bailiwick.The Sheriff therefore retumsdhe within requested Complaint In Mortgage Foreclosure as"Not Served"at,109 N.21st Street,Camp Hill Borough,Camp Frill,PA 17011.Deputies were advised by a neighbor that defendant does still reside at this address.Six attempts at service were made but deputies were unable to make contact With anyone at.the residence and'the Complaint has since,axpired. SHERIFF COST:$7+4.00 SO ANSWERS, November 07,2012 RONW R ANDERSON.SHERIFF (c)co wlysWe Sh"N.rekosdi,Im i i z i a 5 y 1 r Exhibit 270430 AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 270430 Attorney Firm: Phelan,Hallinan&Schmieg,LLP Subject:. David Hughes&Karen J.Hughes Property Address-. 109 North 21st Street,Carrtp Hill,PA 17011 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true arid correct David H-Ligi-jes-xxx-xx-1,897 Karen 1.I-Juglies-xxx-xx-3984 13. EMPLOYMENT SEARCH David Hughes&Karen J'. Hughes-A review of the credit reporting agencies provided no employment informa:tion. C, INQUIRY OF CREDITORS Our intItuty of creditors indicated LhatDavid Hughes&Karen Hughes reside(s)at: 109 North 21st Street,Camp Hill,PA 17011, 111NOUIRY OF TE-LEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that David Hughes&Karen J'Hi;(ghes reside(s) at:109 North,21st Street,Camp Hill,PA 17011; On 02-07-13 our office made several telephoi:ie calls to the subjects' phone number (717)731-0807 and received the following information:no answer, III,INQUIRY OF NEIGIJBORS On 02-07-13 our office made several phone calls in an attempt to contact Pat-lick A. Basorn(717) 695-7080,103 North 21st Street,Camp Hill,PA 170I.I.-answering machine. On 02-07-13 our office madesevera'f phone calls in an attempt to contact Bethany Serdar (717)737-6264,125 North 21s,'Street,Camp Hill,PA 1701.1:no answer. On 02-07-13 our office made several phone calls in an attempt to contact Kathleen N1. Weidman(717)763-1481,120,. orth 21qt Street,Camp Hill,PA 1,7011:answering machine. W,ADDRESS INQUIRY A. NATIONAL ADDRE.SSU.1"DATE On 02-07-13 we reviewed the National Address database arid.found the following ir,iformation: David Hughes&Karen J.Hughes—109 North 2'Irt Street,Camp hill,RA 1701.1. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 02-07-13 Vital Records and all public databases have no death record on file for David.Hughes&.Karen J.Hughes. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH David Hughes-1958. Karen J.Hughes-1959 B. A.K.A. David H. Hughes;David G.,Hughes Karen J.McBurney * Our accessible databases have been checked and cross-referenced for the above named individual(s). i *Please be advised our database information indicates the subject resides at the current address. i I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S.Sec,4904 relating to unworn falsification to authorities. f ... t he above uifonnation is obtained froin available public records and we are orrl y iiable for the cost:of the affidavit. Exhibit "C" Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 Jason Seidman, Ext 1394 Representing Lenders in Service Department Pennsylvania and New Jersey April 11, 2013 DAVID HUGHES and KAREN J. HUGHES 109 NORTH 21 ST STREET CAMP HILL, PA 17011-3809 RE: SOVEREIGN BANK SUCCESOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION v. DAVID HUGHES and KAREN J. HUGHES Premises Address: 109 NORTH 21ST STREET, CAMP HILL, PA 17011-3809 CUMBERLAND County,No. 12-6244 CIVIL TERM Dear Defendants, 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, service of the complaint by first class mail and posting of the mortgaged premises. Please respond to me within one week, by April 19, 2013. . Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise,pleas be guided accordingly. Very truly yo Jus in . Kob ski, Esq., Id. No.200392 Atto ey for Plaintiff 270430 Name and Phelan Hallinan,LLP �' o Address 1617 JFK Boulevard,Suite 1400 0 t„ Of Sender One Penn Center Plaza Philadelphia,PA 19103 J D ` Q Line Article Number Name of Addressee,Street,and Post Office Address Postage ,^� 1 Q **** W 1 � � 1 DAVID HUGHES $0.46 C� i rn 109 NORTH 21ST STREET Q o CAMP HILL,PA 17011-3809 till rnr-Cl) 2 **** KAREN J.HUGHES $0.46 cp aN°o 109 NORTH 21ST STREET ' NOp CAMP HILL,PA 17011-3809 ��� RE: DAVID HUGHES CUMBERLAND TEAM 4 PHS#270430/1021 Page 1 of 1 $0.92 ti Total Number of - al Nu Pieces Listed by Sender ;eived a. Form 3877 Facsimile 270430 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff SOVEREIGN BANK SUCCESOR BY MERGER Court of Common Pleas TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Civil Division Plaintiff CUMBERLAND County VS. No. 12-6244 CIVIL TERM DAVID HUGHES KAREN J. HUGHES Defendants CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. DAVID HUGHES and KAREN J. HUGHES at: 109 NORTH 21 ST STREET CAMP HILL, PA 17011-3809 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN, LLP Date: By: Justi obe Esq., Id. No.200392 Attgfney for Plaintiff 270430 1 SOVEREIGN BANK SUCCESSOR BY IN THE COURT OF COMMON PLEAS OF MERGER TO YORK FEDERAL SAVINGS CUMBERLAND COUNTY, PENNSYLVANIA AND LOAN ASSOCIATION PLAINTIFF C-) , V. = . --C;3 era DAVID HUGHES KAREN J. HUGHES '< ' CD DEFENDANTS 12-6244 CIVIL <CD _ C Co ORDER OF COURT ¢' AND NOW, this 29th day of April, upon consideration of the Plaintiff's Motion for Service Pursuant to Special Order of Court under Pa.R.C.P. 430 and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendants, David Hughes and Karen J. Hughes, have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.R.C.P. 3129.2 (c) (1)(i)(C)*, on the above captioned Defendants, David Hughes and Karen J. Hughes, by: 1. Posting of the premises: 109 North 21St Street, Camp Hill, PA 17011-3809 by the Sheriff or a non-party competent adult; and 2. By certified and regular mail to the Defendants' last known address at 109 North 21St Street, Camp Hill, PA 17011-3809; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; By the Court, , 3 1 �0 M. L. Ebert, Jr., J. 0 a� Justin F. Kobeski, Esquire Attorney for Plaintiff Cumberland County Sheriff is 3 � 1 David Hughes Karen J. Hughes 109 North 21St Street Camp Hill, PA 17019-3809 bas C, THE PRO�o f�E OTARy PHELAN HALLINAN,LLP Meredith Wooters,Esq.,Id.No.307207 ����0� (}j 1617 JFK Boulevard,Suite 1400 C"BER One Penn Center Plaza PENIgS YL°��A�'r� Philadelphia,PA 19103 N�rQ 215-563-7000 SOVEREIGN BANK SUCCESOR BY COURT OF COMMON PLEAS MERGER TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. DAVID HUGHES No. 12-6244 CIVIL TERM KAREN J. HUGHES Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELANHALLINAN,LLP By: liludzem- Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Date: Q13 /jqd,Svc Dept. File#270430 Gib c:a Phelan Hallinan,LLP c's Jonathan Lobb,Esq., Id. No.312174 ATTORNEYS FOR PLAINTIFF. ,, 1617 JFK Boulevard, Suite 1400 t n One Penn Center Plaza Philadelphia,PA 19103 'D w ° 215-563-7000 D� := S ?.CD E5 C) SOVEREIGN BANK SUCCESOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN C:D ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY DAVID HUGHES No. 12-6244 CIVIL TERM KAREN J. HUGHES Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following persons, DAVID HUGHES and KAREN J. HUGHES at 109 NORTH 21ST STREET, CAMP HILL, PA 17011-3809 on May 21, 2013, in accordance with the Order of Court dated April 29, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Phelan Hallinan,LLP DATE: PHS 270 30/JQD By: Oathan ob b,Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallman,LLP AFFIDAVIT OF SERVICE - CUMBERLAND JQD FASSOA F COUNTY: CUMBERLAND BANK SUCCESOR BY MERGER TO RAL SAVINGS AND LOAN ON COURT NO. 12-6244 CIVIL TERM DEFENDANT DAVID HUGHES F-Complaint E OF ACTION SERVE AT: reclosure 109 NORTH 21ST STREET,CAMP HILL, PA 17011-3809 Action ***PLEASE POST THE PROPERTY*** Promissory Note "**IN ACCORDANCE WITH THE* ***ATTACHED COURT ORDER****** Served Posted and made known DAVID HUGHES,Defendant on the at o'clock, M.,at 109 NORTH 21 ST STREET,CAMP HILL,PA 17011-3809,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/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 office of said defendant company. Other: Description: Age Height Weight Race Sex Other 1, ,a competent adult,being duly sworn according to law,depose and state that I personally copy of the Complaint in Mortgage Foreclosure issued in the captioned case cn the date and the address indicated above.I understand that this ect statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: NOT SERVED On the_day of ,20_,at_o'clock—M.,Defendant NOT FOUND because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at _Service Refused Other: AFFIDAVIT OF SERVICE- CUMBERLAND JQD PLAINTIFF TCOURT Y: CUMBERLAND SOVEREIGN BANK SUCCESOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN NO. 1 2-6244 CIVIL TERM ASSOCIATION DE�J. HUGHES KA TYPE OF ACTION SERVE AT: XX Mortgage Foreclosure 109 NORTH 21ST STREET, CAMP HILL, PA 1 701 1-3809 XX Civil tAction ***PLEASE POST THE PROPERTY*** Complaint on Promissory Note ***IN ACCORDANCE WITH THE**** ***ATTACHED COURT ORDER****** Served Posted and made known KAREN J.HUGHES,Defendant on the day of at o'clock, M.,at 109 NORTH 21 ST STREET.CAMP HILL,PA 17011-3809,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/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 office of said defendant company. Other: Description: Age Height Weight Race Sex Other 1, ,a competent adult,being duly sworn according to law,depose and state that I personally a true and co copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.pI understand that his ect statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: NOT SERVED On the_day of ,20_,at_o'clock_M.,Defendant NOT FOUND because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at > at _Service Refused Other: R Name and PHELAtV HALLINAN, LLP Address y One Penn Center Plaza,Suite 1400 of Sender Philadelphia,PA 19103 Line Article Number Name of Addressee,Street,and Post Office Address Postage Fee 1 **** DAVID HUGHES 109 NORTH 21ST STREET CAMP HILL,PA 17011-3809 2 **** DAVID HUGHES 109 NORTH 21ST STREET,CAMP HILL, PA 17011-3809 3 **** KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 4 **** KAREN J. HUGHES 109 NORTH 21ST STREET,CAMP HILL, PA 17011-3809 5 **** 6 7 8 9 RE:JQD/May 21,2013 Total Number of Total Number of Pieces Postmaster,Per(Name of Receiving The full declaration of value is required on all domestic and international registered mail. The maximum Pieces Listed by Sender Received at Post Office Employee) indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is$50,000 per piece subject to a limit of$500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is$500. The maximum indemnity payable is $25,000 for registered mail,sent with optional insurance. See Domestic Mail Manual R900,S913 and 5921 for limitations of coverage. ,JQD/May 21,2013 AFFIDAVIT OF SERVICE-CUMBERLAND JQD PLEASE POST BY:06/13/2013 PLAINTIFF COUNTY: CUMBERLAND SOVEREIGN BANK SUCCESOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN COURT NO. 12-6244 CIVIL TERM ASSOCIATION DEFENDANT DAVID HUGHES TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 109 NORTH 21 ST STREET,CAMP HILL,PA 17011- XX Civil Action 3809 Complaint on Promissory Note ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Posted and made -n ID VID HUGHES,Defendant on the day of � _.20 at Z o'clock, .M.,at 109 NORTH 21ST STREET,CAMP HILL,PA 17011-3809,in the manner described below: Defendant personal served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/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 office of said defendant company. XOther __ Description: Age Height Weight Race Sex Other 1, U ,a competent adult,being duly sworn according to law,depose and state that I personally posted a true and correct copy o the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: �E�(3 NAME: V �1- + -- PRINTED NAME. TITLE:PPLRc �C'R _ NOT SERVED On the_day of ,20—,at_o'clock_.M.,Defendant NOT FOUND because: Vacant Does Not Exist _Moved Does Not Reside(Not Vacant) e a-„- No Answer on at at �Crrl _Service Refused kD Q Other: w z� C - O C),, � 7`P �IPHS #270430 ry i AFFIDAVIT OF SERVICE -CUMBERLAND JQD PLEASE POST BY:06/13/2013 PLAINTIFF COUNTY:CUMBERLAND SOVEREIGN BANK SUCCESOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN COURT NO. 12-6244 CIVIL TERM ASSOCIATION DEFENDANT KAREN J. HUGHES TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 109 NORTH 21 ST STREET,CAMP HILL, PA 17011- XX Civil Action 3809 Complaint on Promissory Note ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Posted and made known KAREN J.HUGHES,Defendant on the day of �h I 20 f3 at _L o'clock, .M.,at 109 NORTH 21 ST STREET,CAMP HILL,PA 17011-3809,in the manner described below: Defendant person al served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/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. Other: an�•office of said defendant company. �`� � Description: Age �^__Height Weight Race Sex Other I, ,a competent adult,being duly sworn according to law,depose and state that 1 personally posted a true and correct copy oft e Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE:�2p(!j NAME: ili+ AW, PRINTED NAME: r 1�1N TITLE: SOKCC—(-?" NOT SER VED On the_day of 20_,at_o'clock_.M.,Defendant NOT FOUND because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at at _Service Refused MT, Cam,. Other: .'=03 C= D aC. C INS _C-) _= bC. PHS #270430 I Phelan Hallinan,LLP M C— Allison F.Zuckerman,Esq.,Id.No.309519 ATTORNEYS FOR PLAINTII�Fzs - 1617 JFK Boulevard,Suite 1400 <> .V- One Penn Center Plaza x Philadelphia,PA 19103 aC , 215-563-70(10 , = SOVEREIGN BANK SUCCESOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff VS. CUMBERLAND COUNTY DAVID HUGHES KAREN J.HUGHES No. 12-6244 CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated April 29,2013 as indicated below: By publication as provided by Pa.R.C.P.Rule 430(b)(1)in The Sentinel on May 29,2013 and Cumberland Law Journal on June 7.2013 Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Phelan Hallinan DATE: June 2013 hel nan,LLP Allison F.Zuckerman,Esq.,Id.No.309519 Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PHS#270430 ALG i PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox,Sales Director, of The Sentinel, of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in thr Borough of Carlisle,County and State aforesaid,was established December 13th, 1881,. since which date THE SENTINEL has been regularly issued in said County, and that th. printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): May 29, 2013 COPY OF NOTICE OF PUBLICATION ll NOTICt OF AtiTl N IFi.MORTGAQE�FORRCL'OZSURE IN'•Tlfr:cc of allgtloM Pf. i° 13 OF IG{J8A9EN :AM�l� UN1y,PONSYLIVANr►A Affiant further deposes that he/she is not crvl�ACtnctN interested in the subject matter of the 80VERI:Ki61`8/WKSU SppRSi-MC;RGER; C TO YORK FEbERAI SA t3ffi AND LOAN', CQVlk t CIF`gOAMON Pt A� aforesaid notice or advertisement, and that ASSOOIA7lUN I Plairr�YlF ".,y �IVtLOvl§ION <. °° all allegations in the foregoing statement a-- ra cuMSERLAfvp cewNf to time,place and character of publication DAVID HUGHES No.123244 CIVIL TERM are true. KAREN J.HUGHES Defendants, NOTIC To DAVID HUGHES and KAREN J.HUGHES You are hereby notified that on October 5,2012,P 8 VAREIGN.BANK SUCCESOR BY MEff GER TOYORK FEDERAL SAVINGS AND LOAN ASSOCIATtOZC Amp'gag .For oosure Complaint endorsed with a Notice to Defend,againstyou in the Court of Co1wrfw ft ipisag ss G1►MLBGItI Cpunly Pennsylveniaydocketed to No.; 12-62*4 CIVIL TERtd.Whereth Plaintiffseeka fo.foiedose on the mortgage secured on your property located Nt 109 Sworn to and subscribed before me this NORTH 21ST STREET,CAMP HILL,PA 17011-3809 whereupon your property wouldbe sold by the Sheriff of CUMBERLAND County. You are hereby pobf*to plead to the above referenced Complaint on or before 20 days from the date of this ) publication o a Judgment willbeentsiedagainstyour NOTICE If you wish to defend,you must enter a written appearance persoruii y"or by attorney and file yourdefinses or objections in writing with the court;You ere warned that41f you fafl to do sotha opae.may proceed without you and a judgment ' may be entered against you without further-notice for the relief regrtested by the plaintiff.You may,two money or ii property or other rights Imppgrtarrt to you. N ar Public YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE.IF YOU DO.NOT HAVE A LAWYER,GO TO OR y TELEPHONE:T E OFFICE SET FORTH BELOW.THIS OFFICE'W PROVIDE YOU WITH INFORMATION ABOUT HIM A LAWYER. IIF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFF18E MAY BE ABLE'TO PROVIDE YOU WITH , INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCEDFEEORNOFEE. CUMBERLAND COUNTY ATTORNEY REFERRAL:1 CUMBERLAND COUNTY BAR ASSOCIATION My commission expires: CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE',PA 17013 l 717-2493166 soa990�1oe COMMONWEALTH OF PENNSYLVANIA _ Notarial Seal Bethany M.Holtry,Notary Public Carlisle Boro,Cumberland County My COmmisslon Expires Sept.26,2015 MEMBER,PENNSYLVANIA TMN OF NOTARIES r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. �I 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 June 7, 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. Li a Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 7 day of June, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 1 it Ll 30 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN fail to do so the case may proceed MORTGAGE FORECLOSURE without you and a judgment maybe entered against you without further In the Court of Common Pleas of notice for the relief requested by the Cumberland County, Pennsylvania plaintiff. You may lose money or Civil Action—Law property or other rights important to you. No. 12-6244 CIVIL TERM YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. SOVEREIGN BANK SUCCESSOR IF YOU DO NOT HAVE A LAWYER, BY MERGER TO YORK FEDERAL GO TO OR TELEPHONE THE OFFICE SAVINGS AND LOAN ASSOCIATION SET FORTH BELOW. THIS OFFICE Plaintiff CAN PROVIDE YOU WITH INFORMA- vs. TION ABOUT HIRING A LAWYER. DAVID HUGHES, IF YOU CANNOT AFFORD TO KAREN J. HUGHES HIRE A LAWYER,THIS OFFICE MAY Defendants BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES NOTICE THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- To: DAVID HUGHES and KAREN J. DUCED FEE OR NO FEE. HUGHES CUMBERLAND COUNTY You are hereby notified that on ATTORNEY REFERRAL October 5, 2012, Plaintiff, SOV- Cumberland County EREIGN BANK SUCCESSOR BY Bar Association MERGER TO YORK FEDERAL SAV- Cumberland County Courthouse INGS AND LOAN ASSOCIATION,filed 32 S. Bedford Street a Mortgage Foreclosure Complaint Carlisle, PA 17013 endorsed with a Notice to Defend, (717)249-3166 against you in the Court of Common (800) 990-9108 Pleas of CUMBERLAND County, June 7 Pennsylvania, docketed to No. 12- 6244 CIVIL TERM.Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 109 NORTH 21ST STREET, CAMP HILL, PA 17011-3809 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court.You are warned that if you 9 9 7 FICE P; iTH ON0 (A ii`I 211130 T IS P11 1: 03 CUM8ERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 SOVEREIGN BANK SUCCESSOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN Court of Common Pleas ASSOCIATION 824 NORTH MARKET STREET Civil Division SUITE 100 a101a' WILMINGTON, DE 19801 No. 2.61-3-6244-CIVIL Plaintiff Cumberland County v. DAVID HUGHES KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Sovereign Bank Successor by Merger to York Federal Savings and Loan Association (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On October 5, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due January 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A". 2. On June 13, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure 764262 Diversion Program Notice for the Defendants. A true and correct copy of the Affidavit of Service by Publication in Accordance with Court Order is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 764262 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLIN• N, LLP Date: b BY: 11111L,% ose;,h Schalk, Esquire Atto ney for Plaintiff 764262 Exhibit "A" OF THE PROTHONOTARY 2 OCT —5 AM II; i 4 „op Cal PMRSYLVAill ANTY 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 SOVEREIGN BANK SUCCESOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN COURT OF COMMON PLEAS ASSOCIATION 824 NORTH MARKET STREET CIVIL DIVISION SUITE 100 WILMINGTON,DE 19801 TERM Plaintiff NO. it -- t v•t.► v. CUMBERLAND COUNTY DAVID HUGHES KAREN J.HUGHES 109 NORTH 21ST STREET CAMP HILL,PA 17011-3809 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE 1ih hereby certify that within to be a true and correct copy Abney r of the Original fited of record Phase File M: 270430 Supreme Court of Pennsylvania Court of Comiti:00 Pleas For Prothonotary Use Only: Civil Cover Sheet . .,:''' County ClIMBERLAND- Docket No: , . , . rho in,EOrmlion collecmi on E/Hs.fOrm E.,. us,(iI yolob,,fiu-(;ouri,;(dmiNE,Itrution pr.oposes. This,p)riti ci'iN: 01)1 syrteownt Or i',140(.1.' 1 itc jil 1,0,5„ and S:,Tvice ty"Volt fin.,0 or°tiro.ihrpers as rolltirvd hi law or rules ..,/eowl, Commencement of Action: . S t Complaint 0 Writ of Summons El Petition E Li Transfer from Another Jurisdiction 0 Declaration of Taking c Lead Plaintiff's Name: SOVEREIGN BANK SUCCESOR Lead Defendant's Name; DAVID HUGHES BY MERGER TO YORX FEDERAL SAVINGS AND T LOAN ASSOCIATION I Dollar Amount Requested; 0 within arbitration limits Are money damages requested? U Yes >0 No 0 (Check one) CA outside arbitration limits .—,,— N Is this a Class Action Suit? 0 Yes E Na Is this an MDJ Appeal? 0 Yes Z No . A Name of Plaintiff/Appellant's Attorney: Allisota, Wells,lisl,,,,,Id,No.3095 19,,Pheitm,Hallinan&Seitmjegt LEP 0 Cheek here if you have no attorney(are a Self-Represented [Pro Se Litigant) — — Nature of the Case: Place an"X"to the left of the ONE ease category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. FORT(do not include Mass Tort) CONTRACT(do nor include Judgments) CIVIL APPEALS O Intentional Li Buyer Plaintiff Administrative Agencies O Malicious Prosecution 0 Debt Collection: Credit Card Li Board of Assessment 0 Motor Vehicle Li Debt Collection: Other E.] Board of Elections Ili Nuisance 0 Dept.of Transportation Li Premises Liability 0 Statutory Appeal:Other . - Li Product Liability (does non S include mass tort) , II Employment Dispute: . ._ „..„. LI Slander/Libei/Defamation Discrimination E 0 Other: El Employment Dispute: Other Cl Zoning Board . C . .._ . . o Other: T ' . . .. „. .„...... „ _ _. . .... „„. ........„....... mASS TORT 0 Li Asbestos N 0 Tobacco 0'Toxic Tort- DES ..... ' „ ,... . „... „.. _ 0 Toxic fort- Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment Li Common Law/Statutory Arbitration B D Other: 0 Eminent Domain/Condenmation 0 Declaratory Judgment Li Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations Z Mortgage Foreclosure: Residential Restraining Om der ...,.. PROFESSIONAL 0 Mortgage foreclosure:Commercial Cl Quo Warranto LIABILITY ... . L.) I LI Replevin 0 Dental 0 Quiet.title 0 Other: 0 Legal l-,3 Other: 0 Medical 0 Other Professional: ,„, ,. .1 .i i . Pa.I?.C'.P. 205.5 Updated(11/01/21)/i . . FORM ' [m THE COURT 0F COMMON PLEAS SOVEREIGN HANK SDCCB30kBYMERGER 0F CUMBERLAND COUNTY, PENNSYLVANIA T0 YORK r|])6KA|.SAVINGS AND LOAN ASSOCIATION Plaintiff(s) , ' ,s, DAYO}RUGHES KAREN J HUGHES Defendant(s) __ CivU NOTICE OF RES!I)ENT1AL MORTGAGE FORECLOSURE 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 able to participate in a couti-supervised conciliation conference innnedhrtmroon|vvdhismuKerwitbyour\onder, If you do not have a lawyer,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 25lVor(800)A2Z'J2V8 extension 25|0 and request appointment uY a legal representative m/`u charge`myou. C) c you have been appointed a legal representative,you mn^L promptly meet with that legal wproit*lmivt!within twenty(20)days ofthe appointment date, During that meeting, you must provide the legal representative with till re9o,^/auonaodh/ in/inoo/ivox"om'* |mxon:"mkxioopxu;nsu|c*nbep,p[w,xJwvyourbe/u/[ |7ynvaoJy^vrle«N m,msooxuve complete vU"m/ciw/ *^,kom* inU* hv/nm attached hereto,the legal representative will prepare and p Request for Conciliation Conference with Mc Cowl,.;him),must be tiled wiU'the Conn within sixty(V0)`luy*urU^ set vice upon you ache ,lxvwh+vwcomplaint, Uf you Jvsm and a conciliation conference is setieduitcil, von wit have iii opportunity to meet with a representative of your lender in an 11(4110 to WW1' out Ivasonatne arrallgonolts.willt your louder before the niormgage foreclosure suit proceeds lorward. It you ttre represented by it lawyer,you nod your lawyer must take the following be conciliation conference. it is not necessary for you to contact fvfidPenn Legal Service for the appointment ota legal representative. However,you must provitle your lawyer with ail legtmv,ted linuncial information so that a loan resolution propiitail ran be prepared im your behalf. Ifyou and your lawyer complete a financial worksheet hi the forma attached hereto,your lawyer will prepare awl file a Reqnest for Conciliation Conlerence with the Court,which must be filed within sixty(60)days of the service upon you of the torecioNore 0,11,166o, If you do so and a conciliation eOurcrolo;i!.. scheduled,you will have o**pyavmxu4'tw meet with a representative v/your lender unao attempt/ovs,v/won'p:^uwo',"/u argumemits with your lender before the mortgage fioreIostu suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACt'QUICKLY AND FAKE THE STEPS REQUIRED UY THIS NOTICE. THIS I'll JRAM IS FREE. Respectfully submitted: ~--~~~— ' ~-- Allison F vvcUx.|go^ Id. No, 309519 Attorney for Plaintiff „.,., . FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas 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 counseling agency. Please provide the following information to the best of your knowledge: CIsTO4 F12/PRIMARY APPLICANT Borrower name(s): Property Address: City: _ _State: Is the property for sale? Yes [1] No Li Listing date: Price: Realtor Name: Realtor Phone:__ Borrower Occupied? Yes J No Li Mailing Address(if different): City: State _ Phone Numbers: I-ionic: Office: Cell: Other: #of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: He Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: Included Taxes & Insurance: Date of Last Payment: Prima°, Reason for Default: is the loan in Bankruptcy? Yes 1l1 No❑ If yes, provide names, location of court, case number 8r attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ Investments: Checking: $ $ Savings: Other: $ $ Aims ?(. .ile.11: Model: m _ Year: _. Amount owed: Value: Automobile 1/2:Model: Y�arr: Amount owed: __. _. ._w Value: Other iransp rtatiori.(autonnbiIes,,bo nis, trtotore fc.les): Model: Year: Amount owed: Value Monthly Income Name of Employers: Monthly Gross Monthly Net _ 2. Monthly tiros _._ Monthly Net ____ t . _ _.,..w, Monthly Gross !violitlily Net .. _ Additional Income Description(not wages): 1, monthly amount: monthly amount: Borrower Pay Days: _....___. Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT, EXPENSE . AMOUNT t_.. Irartgag+ Food 2°`o Mortgage Utilities Car Pavntentfs) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop.payment Install Loan Payment Cable TV Child Sulpport/Alim, Spending Money Day/Child Careir nit. 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 Agent y' Counselor: Phone(Oft lx): Fax: Iry ai l: Have you made application for Homeowners Emergency Mortgage Assistance Program (fI.I:MAP) 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 U No❑ lfyes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company Lender's Contact(Name):_ Phone: Servicing Company(Name): :'grit got, Phone: li`We, authorize the above named 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 counseling services provided by the above named Borrower Signature Date Co Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 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) 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'FHB PAPER I0 YOUR LAWYER AT ONCE. lJ YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE 8ETFORTI[ BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A L&\VYED, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOU1'AGENCIES THA'I'MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CU MBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSF 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 ru*� 270430 ^ . l. Plaintiff is SOVEREIGN BANK SUCCESOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 824 NORTH MARKET S'E'R LET' SUITE 100 WILMINGTON, DE 19801 2. The name(s) and last known address(es) of the Defendant(s)are: DAVID HUGHES KAREN J. HUGHES lU9 NORTH 2l8TSTREET' CAMP HILL, PAl70l1-3809 who ialaru the mortgagor(o) and/or real owner(s)of the property hereinafter described. ]. Ou04/22/l9Pg DAVID HUGHES wad KAREN j. HUGHES made, executed and delivered a mortgage upon the premises hereinafter described to PLAEN1'TFF which mortgage is recorded in the Office of'the Recorder of Deeds of CUMBE,RLAND County, in Book 1537, Page 821,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 |/|ainti[[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 01/01/201 I 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 princi oJ balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage usofU7/03/2Oi2! Principal Balance $55`410.07 Interest $4'538.76 12/O|/20!O through 07/03/2O\2 Late Charges $450.81 Property Inspections $155.25 Escrow Deficit $2`024.98 TO]P/k8. $63,177.87 7 Plaintiff is not seeking a judgment of personal liability (or an in personam judArneuA inst the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage F'orec.losure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to tbreclose the mortgage and sell the mortgaged ises pursuant to Pennsylvania Law @. 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(s) the 4mte/m\ set forth thereon, WHEREFORE, Plaintiff demands an in rem judgment aDuinmt dheDcfendaut(m) in the sum of $63,177.87' together with ioturcot, 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. P}!ELAN /[ALl. ---^ --' ' By: Allison !WeUs. Esq., Id. No, 309519 Attorney for Plaintiff . . LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in the Borough of camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of North Twenty-First Street at the southern line of Camp Hill Church Plot; thence along land of Camp lull Church Plot e1u| North sixty-eight (68) degrees thirty (30)minutes East one hundred filly and seventy-three hundredths (1 50.73) feet to an iron pin in the western side of a ten (10) feet wide alley; thence along the western side of said alley south nine(09) degrees forty-five (45) minutes east ninety-eight and hundredths(98.05) feet to a stake in the northern line of other land now or formerly of Clive J. York; thence along said line and for part of the distance through the partition wall separating houses Nos. 109 and 107 North Twenty-First Street south seventy-seven(77) degrees seven (07)minutes forty-seven (47) seconds West one hundred forty-seven and fifty-seven hundredths (147.57) feet to a point in the eastern side of North Twenty-First Street; thence along the eastern side of North Twenty-First Street, north thirteen (13) degrees twenty-six (26) minutes West seventy-four and one hundredths (74,01) feet to the point and place of BEGINNING. HAVING thereon erected the norther half of a double brock dwelling house known as no, 109 North Twenty-First Street. BEING THE SAME PREMISES which Wilma 0. Radle, widow, by her Attorney-in-Fact, Beverly I, Bosetti, by Deed bearing date the 16th day of November, 1994, and recorded in the office of the Recorder of Deeds fbr Cumberland County, Pennsylvania, on the 30th of November, 1'./u 270,43n 1994, in Deed Book 115, Page 488, granted and conveyed unto David Hughes and Karen S. Hughes, husband and wife, UNDER AND SUBJECT TO restrictions and conditions as now appear of record, Tax Map 01-21-0271-384 PROPERTY ADDRESS: 109 NORTH 21ST STREET, CAMP HILL,PA 17011-3809 PARCEL# 01-214)271-384 File II 270430 VERIFICATION ,.. , -L ,---, , 1 es,,aaul hereby states that he/she is t 6 reci()sure 'K)win r. `(X SOVEREIGN BANK N.A. FORMERLY KNOWN AS SOVEREIGN BANK, SUCCESSOR BY MERGER TO WAYPOINT BANK S/B/M TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION,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. 11' ''\1 4/ , I; p 31 e: k DATE: (4 1,1-t Title: 1-0 r e,c1 c,, 1 re ,Pq't 01,0 t 5 1 r ,.,_IC r SOVEREIGN BANK, N.A. File : 270430 Name: HUGHES ;It:24 2 1(?1,.m Exhibit "B" Phelan Hallinan,LLP ATTORNEYS FOR PLAINTIFF Allison F.Zuckerman,Esq.,Id.No.309519 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Attorney Rie Copy Philadelphia,PA 19103 Please Reim 215-563-7000 SOVEREIGN BANK SUCCESOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN • COURT OF COMMON PLEAS ASSOCIATION • CIVIL DIVISION Plaintiff ya. • CUMBERLAND COUNTY DAVID HUGHES • KAREN J.HUGHES • No. 12-6244 CIVIL • .: Defendant(s) ir 04 AFFIDAVIT OF SERVICE BY tro PUBLICATION IN ACCORDANCE WITH COURT ORDER 320 J • Vim. I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in:••••: with the Court Order dated April 29.2013 as indicated below: By publication as provided by Pa.R.C.P.Rule 430(b)(1)in The Seabed on May 29.2013 and Cumberland Law Journal on June 7.2013 Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Phelan Hal �� r DATE:June 2013 ,1 LLP Allison F.Zuckerman,Esq.,Id No.309519 Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215- ,.r 000 e y+�� �rrj• •'pit was eRtt PHS#270430 ALG • 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 Pbose�l�V '�.T Lisa Marie Coyne,Esquire,Editor of the Cumberland Law Journal,of thpe�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 June 7, 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. Marie Coyne,tcii r SWORN TO AND SUBSCRIBED before me this 7 city of June.2013 ....40111110 Notary NOTARIAL.SEAL DEBORAH A COLt.INS Notary Publlo CARLISLE BOROUGH,CUMBERLAND COUNTY My Commteelon Expires Apr 20,2014 &)0L430 CUMBERLAND LAW JOURNAL NOTICE or ACTION IN fail to do so the case may proceed MORTGAGE FORECLOSURE without you and a judgment may be entered against you without further In the Court of Common Pleas of notice for the relief requested by the Cumberland County,Pennsylvania plaintiff. You may lose money or Civil Action—Law property or other rights important to you. No, 12-6244 CIVIL TERM YOU SHOULD TAKE THIS N0. TICE TO YOUR LAWYER AT ONCE. SOVEREIGN BANK SUCCESSOR IF YOU DO NOT HAVE A LAWYER, BY MERGER TO YORK FEDERAL 00 TO OR TELEPHONE THE OFFICE SAVINGS AND LOAN ASSOCIATION SET FORTH BELOW.THIS OFFICE Plaintiff CAN PROVIDE YOU WITH INFORMA- vs. COIF YOU CANNOT AFFORD TO DAVID HUGHES, KAREN J.HUGHES HIRE A LAWYER,THIS OFFICE MAY AIL Defendants BE ABLE TO PROVIDE YOU WITH Is�i INFORMATION ABOUT AGENCIES NOTICE THAT MAY OFFER LEGAL SERVICES /9 y TO ELIGIBLE PERSONS AT A RE-• To: DAVID HUGHES and KAREN J. DUCED FEE OR NO FEE. HUGHES CUMBERLAND COUNTY You are hereby notified that on ATTORNEY REFERRAL October 5, 2012, Plaintiff, SOW- Cumberland County EREIGN BANK SUCCESSOR BY Bar Association MERGER TO YORK FEDERAL SAV- Cumberland County Courthouse INGS AND LOAN ASSOCIATION,filed 32 S.Bedford Street a Mortgage Foreclosure Complaint Carlisle,PA 17013 endorsed with a Notice to Defend, (717)249-3166 against you in the Court of Common (800)990-9108 Pleas of CUMBERLAND County, June 7 Pennsylvania, docketed to No. 12- 6244 CIVIL TERM.Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 109 NORTH 21ST STREET, CAMP HILL, PA 17011-3809 whereupon your property would be sold by the Shashi of CUMBERLAND Counttyy. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a.written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court.You are warned that if you 9 o D y3O PROOF OF PUBLICATION. State of Pennsylvania,(;aunty of Cumberland lackl,cox.*ttbas Director,of The Sentinel.of the County and State aforesaid,tiring duly sworn,deposes and stays that THE Sli 177NEt,,a newspaper of general circulation in the Borough of Carlisle,County and State atrev eski,was established December 131h,1881, since which date THE$Et TINL+I.tut*been regularly issued in said County,and that the printed notice or publication attached hereto is exactly the same as was printed end published in the regular editions and issues of TEiti SENTINEL on the followingday(s}r WY-22,2013 COPY OF NOTICE OF PUBLICATION Affient further deposes that he/ahe is not interested in the subject matter of the aforesaid notice or advertisement,and that all allegations in the foregoing statement ns to tune,place and character of pnbliestinui acs true, Sworn to and subscribed before me this 11,4 ` lb Ndlary pnblir 7 My commission expires: 111161010*.44#1"10art 601411.11000.6040• PWease Return PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 SOVEREIGN BANK SUCCESSOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN Court of Common Pleas ASSOCIATION 824 NORTH MARKET STREET Civil Division SUITE 100 WILMINGTON, DE 19801 No. 2013-6244-CIVIL Plaintiff Cumberland County v. DAVID HUGHES KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: DAVID HUGHES KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 � 1 Date: 10 (p'`" B' f,/!ai Joseph 11 Schalk, Esquire Atto ey for Plaintiff 764262 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK SUCCESSOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN Court of Common Pleas ASSOCIATION 824 NORTH MARKET STREET Civil Division SUITE 100 WILMINGTON, DE 19801 No. 6244-CIVIL Plaintiff Cumberland County V. DAVID HUGHES -; KAREN J. HUGHES rn m � M;= 109 NORTH 21 s� STREET --� rf; CAMP HILL, PA 17011-3809 r j Defendants ' :r-�_ r- E3 ORDER AND NOW, this Z�� day of Ooo+6✓ , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY T COUR J. cc: vid Hughes �ren J. Hughes ',-�Seph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 764262 101 �3 - PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 DAVID HUGHES KAREN J. HUGHES 109 NORTH 21 ST STREET CAMP HILL, PA 17011-3809 764262 FILED-OFFICE • • OF rHE PROTHONOTARY • • PHELAN HALLINAN, LLP 2013 DEC .f 6 dim 10: t7 Attorney for Plaintiff Meredith Wooters,Esq., Id. No.30720CURA�ID COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA Penn Center Plaza Philadelphia, PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A.,FORMERLY : CUMBERLAND COUNTY KNOWN AS SOVEREIGN BANK : COURT OF COMMON PLEAS . vs. : CIVIL DIVISION DAVID HUGHES • KAREN J.HUGHES : No. 12-6244 CIVIL TERM • • • PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES • • • TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DAVID HUGHES and KAREN J. HUGHES, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $63,177.87 TOTAL $63,177.87 I hereby certify that (1)the Defendants' last known address is 109 NORTH 21ST STREET, CAMP HILL, PA 17011-3809, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date \d\\31 1. 1 ! Meredith Wooters, Esq., Id. (A•1w}s RD•sbA No.307207 At{ Attorney for Plaintiff 13)5 )(1 ' "'"; 2_ W?"°''1't. DAMAGES ARE HEREBY ASSESSED AS INDICAT _ N0hu DATE: `off• "``�. • +���� PH#764262 PROTHONOTARY 764262 • • PHELAN HALLINAN,LLP Attorney for Plaintiff Meredith Wooters,Esq.,Id.No.307207 1617 JFK Boulevard,Suite 1400 • One Penn Center Plaza • Philadelphia,PA 19103 . Meredith.Wooters @phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A., FORMERLY : CUMBERLAND COUNTY KNOWN AS SOVEREIGN BANK : COURT OF COMMON PLEAS vs. : CIVIL DIVISION DAVID HUGHES : No. 12-6244 CIVIL TERM KAREN J.HUGHES AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge • 'of the following facts, to wit: ` . • • • • • • • • • •(a) that the defendant(s)is/are•not in the Military Or Naval•Service of the United • States or its Allies, or otherwise within the provisions of the Servicernembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAVID HUGHES is over 1.8 years of age and resides at 109 NORTH 21ST STREET, CAMP HILL, PA 17011-3809. (c) that defendant KAREN J. HUGHES is over 18 years of age and resides at 109 NORTH 21ST STREET, CAMP HILL, PA 1701.1-3809. This statement is made subject to the penalties of 1.8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 14.310 �I J L A AJ! I' 1 Phelan Hallinan, LLP Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 764262 Results as of:Dec-13-2013 12:05:27 •Department of Defense Manpower Data Center SCRA 3.0 •• i � 't, '' ' Status Report . ;rte - x'v. "`�� ,.t,,,�te ,•I� .. a :,t t to Se cem�Ci.ri.Relief Act. v ,-.-a ,r • . • Last Name: HUGHES . First Name: DAVID Middle Name: Active Duty Status As Of: Dec-13-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA✓`f, -.V _ No „ NA r This response reflects the individuals'active duty status based on the Active Duty Status Date • b Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA I .-.. NA ' • .:;r.' ' ' r Nom NA This response reflects where the individual left active duly status within 367 days preceding the Active Duty Status Date t ' ti ' itl_i _ ;. The Member•or His/Her Unit Was Notified of a suture Call•tip to Active Duty on Active Duty Status Date • Order Notification Start Data • 'Order Notification End Date • Status Service Component NA• ;NA. `' i..,s.. :�'Ji ' ."No r . ' NA ♦; f�.; �, '+w•.�..:,o-r�-rr!' sr" •fir': Y . • ... This response rr;0ects whelherlhe rndiw¢ua1 orhielhEr umt has receried`ee+iy rahfitxta torepoR for active duty • • Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. )06,9,, 01.... .. ... i . •■•0140,14,...,-- 4 f Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 • • • Results as of:Dec-13-2013 12:05:17 Department of Defense Manpower Data Center • • SCRA 3.0 Status Reply • ` Fustc+�miea Civil Relief tact.• • Last Name: HUGHES • • • First Name: KAREN • Middle Name: J Active Duty Status As Of: Dec-13-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA}.`r Yt.. - .. No NA This response reflects the individuals'active duty status based on the Active Duty Status Date • • Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA j h'' NA • '-x -'-^� t, - No7 i t NA This response reflects where the individual left active.duty status within 367 days preceding the Active Duty Status Date V � .. i ti - •I - The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date • Order Notification Start Date Order Natifuation End Date Status • Service Component ' NA NA�' � }•. ,'NO -'` NA •. • This response reflects whether the,�n kict al or hlsTher unit h as recehvbd seny,rot`dlcaHpn to report for active duty - '• •• •*.tti: Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. A/21. A Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 • • • (Rule of Civil Procedure No. 236) -Revised SANTANDER BANK,N.A., FORMERLY • : CUMBERLAND COUNTY KNOWN AS SOVEREIGN BANK • : COURT OF COMMON PLEAS vs. DAVID HUGHES : CIVIL DIVISION KAREN J. HUGHES • : No. 12-6244 CIVIL TERM • Notice is given that a Judgment in the above captioned matter has been entered against T on 1;\ (01�3 . • 0 • . •• . •. By: • . •.. . • • . • I f you have any questions concerning this matter please contact: . Phelan Hallinan, LLP Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 *4` THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 764262 F I1_EO-0F FIC;c. 61: IHE PROTHONOTA`r, , . 2013 DEC 16 AID 10; tf 4 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 . • • 215-563-7000 • • SOVEREIGN BANK SUCCESOR BY Court of Common Pleas MERGER TO YORK FEDERAL . SAVINGS AND LOAN ASSOCIATION Civil Division Plaintiff • . • CUMBERLAND County. : .. . • . . . •• V. •• No. 12-6244 CIVIL TERM . • • DAVID-HUGHES • KAREN J.HUGHES Defendant(s) PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: By amendment of its Articles of Association, Sovereign Bank changed its name to Santander Bank, N.A. Kindly amend the information on the docket accordingly. Date: 1 2 /13113 By: Jo han Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH#764262 `.APd auk_ lb atiti ek. 137 S8 to LI # •aJggqLf SANTANDER BANK,N.A.;FORMERLY KNOWN COURT OF COMMON PLEAS • •AS SOVEREIGN BANK . • CIVIL DIVISION • Plaintiff - . v. NO. 12-6244 CIVIL TERM. • DAVID HUGHES . KAREN J.HUGHES CUMBERLAND COUNTY Defendant(s) TO: DAVID HUGHES 109 NORTH 21ST STREET CAMP HILL,PA 17011-3809 DATE OF NOTICE:. '/[2.01.3 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, • • THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:. Jo^4than Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 • PH 4 764262 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 • - ' 215-563-7000 • . • SOVEREIGN BANK SUCCESOR BY Court of Common Pleas MERGER TO YORK FEDERAL . SAVINGS AND LOAN ASSOCIATION Civil Division Plaintiff . • . . . . . CUMBERLAND County: . .v. •• . No.12-6244 CIVIL TERM • • • •• DAVID•HUGHES.. • - •• KAREN J.HUGHES Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK. Date: !� '13/13 PH .AN ALLIN N, LLP r /By/ J. athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH#764262 • SANTANDER BANK,N.A.,FORMERLY KNOWN COURT OF COMMON PLEAS AS SOVEREIGN BANK' CIVIL DIVISION • Plaintiff . v. NO. 12-6244 CIVIL TERM DAVID HUGHES • KAREN J.HUGHES CUMBERLAND COUNTY Defendant(s) TO: KAREN J.HUGHES 109 NORTH 21ST STREET CAMP HILL,PA 17011-3809 DATE OF NOTICE: /1)20i/3 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT • • PURPOSE. IF YOU HAVE.PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, ' •• THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN . ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 OF 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: �� Jo than Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#764262 4 -w Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 • . . SOVEREIGN BANK SUCCESOR BY Court of Common Pleas MERGER TO YORK FEDERAL . SAVINGS AND LOAN ASSOCIATION Civil Division Plaintiff • • • • CUMBERLAND County v. - : . No. 12-6244 CIVIL TERM DAVID HUGHES KAREN J.HUGHES Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe for Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: DAVID HUGHES KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 Date: / a f 1 3313_ PHELAN HALLINAN, LLP By: Jona an Lobb, Esq., Id. No.312174 Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SANTANDER BANK,N.A.,FORMERLY KNOWN AS SOVEREIGN BANK : COURT OF COMMON PLEAS Plaintiff . CIVIL DIVISION v. . NO.: 12-6244 CIVIL TERM DAVID HUGHES KAREN J. HUGHES - Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: • • Amount Due $63,177.87 • Interest from 12/17/2013 to Date of Sale $1,766.30 ($10.39 per diem) • 'tOTAI, $64,844.17• : : . l �7;/ � 4j . . Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff Note: Please attach description of property. PH#764262 0 .%) .T , °"--Y . --) Lt. C? ift.L1 s '' )Ui•__ _----\--i4 Ail *P'Z cp :-...,-7 3(-1 6. °°- a f .,12,.- S-'- ' • ft,t4 i ---i Zkk Aq,4 s llj ►d H < cn H Z= .. n Y o ' �'bb � 0 � Fy `" �.o 04 - i Z O a ® `1 C n■ 4 y y y p 1 0 o • v O Z o n Z Z r )Ti tt ►C•• • \ . . • Z • . • zi �. Z CA CA O tli .0 > a PD CrJ 'S OZ � z � O z ) D1 r, n r � `" roc n- Z 1-' = r z n by N C N CD Y H = _ -3 'z ' O y O .3 ' x W W `< ` CD CD CD . -t CI. �• 4 r • • • LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in the Borough of Camp Hill,Cumberland County, Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the eastern side of North Twenty-First Street at the southern line of Camp Hill Church Plot; thence along land of Camp Hill Church Plot et al North sixty-eight(68)degrees thirty(30) minutes East one hundred fifty and seventy-three hundredths (150.73)feet to an iron pin in the western side of a ten(10)feet wide alley;thence along the western side of said alley south nine(09)degrees forty-five(45) minutes east ninety-eight and hundredths (98.05)feet to a stake in the northern line of other land now or formerly of Clive J.York;thence along said line and for part of the distance through the partition wall separating houses Nos. 109 and 107 North Twenty-First Street south seventy-seven(77)degrees-seven(07) . • minutes forty-seven(47.)seconds West one hundred forty-seven and fifty-seven hundredths(147.57)feet to a point in the eastern side of North Twenty-First Street;thence along the eastern side of North Twenty-First Street,north thirteen-(13)degrees twenty-six(26)minutes West seventy-four and one hundredths(74.0-1)feet - to the point and place of BEGINNING. • HAVING thereon erected the northern half of a double brick dwelling house. • • • TITLE TO SAID PREMISES.IS•VESTED'IN-David Hughes and Karen J. Hiighes,•h/w,.by-Deed •.• • from Wilma O. Radle;•widow, by her attorney-in-fact, Beverly I. Boetti, dated 11/16/1994, recorded 11/30/1994 in Book 115,'Page 488. PREMISES BEING: 109 NORTH 21ST STREET,CAMP HILL,PA 17011-3809 PARCEL NO.01-21-0271-384 • PHELAN HALLINAN, LLP OF THE PROTHONOTARY Attorneys Attorneys for Plaintiff Meredith Wooters,Esq.,Id. No.307207 1617 JFK Boulevard, Suite 1400 2013 DEC 16 AM 10; 54' One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY Meredith.Wooters @phelanhallinan.com PENNSYLVANIA 215-563-7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS : COURT OF COMMON PLEAS SOVEREIGN BANK Plaintiff : CIVIL DIVISION v. : NO.: 12-6244 CIVIL TERM DAVID HUGHES , •KAREN J.HUGHES : CUMBERLAND COUNTY • . Defendant(s) . • • , CERTIFICATION The,undersigned,attorney hereby states that he/she is.the attorney for the Plaintiff in the above captioned , • matter and that the premises are not•subject to the provisions bf Act 91 because: • • • - • . • ( ) the.mortgage is an FHA Mortgage - ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: hi .2 ji I Phelan Hallinan,LLP Meredith Wooters,Esq.,Id. No.307207 Attorney for Plaintiff • • • • SANTANDER BANK,N.A.,FORMERLY KNOWN AS COURT OF COMMON PLEAS SOVEREIGN BANK • • Plaintiff CIVIL DIVISION • • v. NO.: 12-6244 CIVIL TERM DAVID HUGHES • KAREN J. HUGHES • CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 SANTANDER BANK,N.A.,FORMERLY KNOWN AS SOVEREIGN BANK,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 109 NORTH 21ST STREET,CAMP HILL,PA 17011-3809. • 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained0 ,.._;. • please so indicate) tr • • l — DAVID HUGHES 109 NORTH 21ST STREET f`I rrn • CAMP HILL,PA 17011-3809 7, 0 • 'KARBN'J.HUGHES. . • 109 NORTH 21ST STREET .• r O • � CAMP HILL,PA 17011-3809 _ mot` 2. Name and address of Defendant(s)in the judgment: y Name Address(if address cannot be reasonably -•4 ascertained,please so indicate) DAVID HUGHES 109 NORTH 21ST STREET CAMP HILL,PA 17011-3809 KAREN J.HUGHES 109 NORTH 21ST STREET CAMP HILL,PA 17011-3809 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) PALISADES COLLECTION LLC 210 SYLVAN AVENUE ENGLEWOOD CLIFFS,NJ 07632 PALISADES COLLECTION,LLC 130B GETTYSBURG PIKE C/O DAVID R.GALLOWAY,ESQUIRE MECHANICBURG,PA 17055 PALISADES COLLECTION,LLC 218 COLLEGE PARK PLAZA • C/O TONILYNN CHIPPIE,ESQUIRE JOHNSTOWN,PA 15904 CHASE BANK USA,N.A. 3700 WISEMAN BOULEVARD SAN ANTONIO,TX 78251 CHASE BANK USA,N.A. WELTMAN,WEINBERG&REIS, CO.,L.P.A. C/O JAMES C.WARMBRODT,ESQUIRE 436 SEVENTH AVE STE 1400 PITTSBURGH,PA 15219 PH#764262 • ry 4. = Name and address of last recorded holder of every mortgage of record: • • Name Address(if address cannot be reasonably ascertained,please indicate) MANUFACTURERS&TRADERS TRUST 1 FOUNTAIN PLAZA COMPANY 4TH FLOOR BUFFALO,NY 14203 • MANUFACTURERS&TRADERS TRUST ONE M&T PLAZA COMPANY BUFFALO,NY 14240 MANUFACTURERS &TRADERS TRUST 2005 CABOT BOULEVARD WEST COMPANY LANGHORNE,PA 19047 C/O GROUP9,INC. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) 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. . Name Address(if address cannot be • reasonably ascertained,please indicate) None. . 7. Name and address of every other person of whom the plaintiff has landwledge who has any interest in the'property which may be affected by the sale: ' Name Address(if address cannot be . _ • • reasonably ascertained,please indicate) TENANT/OCCUPANT 109 NORTH 21ST STREET CAMP HILL,PA 17011-3809 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 PH#764262 • • U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 • U.S.ATTORNEY FOR THE MIDDLE POBOX 11754 • DISTRICT OF PA HARRISBURG,PA 171084754 FEDERAL BUILDING 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.A. § 4904 relating to unsworn falsification to authorities. Date: 1 a PIP By: I 1 Ak AAARtIV Phelan Hallman,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 • 215-563-7000 • • • PH#764262 ■ • • • SANTANDER BANK,N.A.,FORMERLY KNOWN AS : COURT OF COMMON PLEAS SOVEREIGN BANK : CIVIL DIVISION • Plaintiff : : NO.: 12-6244 CIVIL TERM. vs. • • DAVID HUGHES : CUMBERLAND COUNTY KAREN J. HUGHES ,, Defendant(s) crt NOTICE � '�C) O CE OF SHERIFF'S SALE OF REAL PROPERTY 0 r� CS` �ti t TO: DAVID HUGHES • f p ,, • • • KAREN J.HUGHES • . .3., •p o 109 NORTH 21ST STREET . . • . . M cr _. CAMP HILL,PA 17011-3809 • **THIS'FIRM IS A'DEBT COLLECTOR ATTEMPTINGTO COLLECT A:DEBT AND ANY INFORMATION OBTAINED• • • • WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, • •. • • - - - THIS IS NOT AND.SHOULD NOT BE CONSTRUED TO BE ANATTEMPT.TO COLLECT A DEBT,BUT ONLY . • ENFORCEMENT OFA LIEN.AGAINST PROPERTY.** • • . . • • • - • Your house(real estate) at 109 NORTH 21ST STREET,•CAMPHILL;PA 17011=3809 is scheduled to • • • be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$63,177.87 obtained by SANTANDER BANK,N.A.,FORMERLY KNOWN AS SOVEREIGN BANK(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will. have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. r 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared • to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by.the Sheriff not later than thirty(30) days after the sale. The schedule.shall be kept on file with the sheriff and will be made available for inspection in his office, This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the.proposed schedule. • 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately.. •• after the sale. •. '.• • • • YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE: IF YOU DO NOT HAVE A • • LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-6244 CIVIL TERM SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK v. DAVID HUGHES KAREN J. HUGHES owner(s) of property situate in the BOROUGH OF CAMP HILL, CUMBERLAND County, Pennsylvania, being . • 109 NORTH 21ST STREET,•CAMP HILL,PA 17011-3809 • Parcel No. 01-21-0271-384 (Acreage or street address) • . Improvements thereon:.RESIDENTIAL DWELLING . • . • . • • • • • .••• • .Judgment Amount:•.$63,177.87 ' • .• •• • . " . • • . • •• Attorneys for Plaintiff • Phelan Hallinan, LLP N. . • .y r LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in the Borough of Camp Hill,Cumberland County, Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the eastern side of North Twenty-First Street at the southern line of Camp Hill Church Plot;thence along land of Camp Hill Church Plot et al North sixty-eight(68)degrees thirty(30) minutes East one hundred fifty and seventy-three hundredths(150.73)feet to an iron pin in the western side of a ten(10)feet wide alley;thence along the western side of said alley south nine(09)degrees forty-five(45) minutes east ninety-eight and hundredths(98.05)feet to a stake in the northern line of other land now or formerly of Clive J.York;thence along said line and for part of the distance through the partition wall separating houses Nos. 109 and 107 North Twenty-First Street south seventy-seven(77)degrees seven(07) • . • • minutes forty-seven(47.)seconds West one hundred forty-seven and fifty-seven hundredths(147.57)feet to a point in the eastern side of North Twenty-First Street;thence along the eastern side of North Twenty-First Street,north thirteen(13)degrees twenty-six(26)minutes West seventy-four and one hundredths(74.01)feet to the point and place of BEGINNING. ' HAVING thereon erected the northern half of a double brick drig welli house. . • • • • • TITLE TO SAID•PREMISES.IS.VESTED.INbavid Hughes and Karen I. Htighes,.h/W,.by Deed . - • • from Wilma O. Radle,widow; by her attorney-in-fact, Beverly I. Bosetti, dated 11116/1994, . . . . •recorded 11/30/1994 in Book 115,Page 488: . • . • • • • PREMISES BEING: 109 NORTH 21ST STREET,CAMP HILL,PA 17011-3809 PARCEL NO.01-21-0271-384 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-6244 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SANTANDER BANK,N.A.,FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff(s) From DAVID HUGHES,KAREN J.HUGHES (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: $63,177.87 L.L.: $.50 Interest FROM 12/17/2013 TO DATE OF SALE($10.39 PER DIEM)-$1,766.30 Atty's Comm: Due Prothy: $2.25 Atty Paid: $340.20 Other Costs: Plaintiff Paid: Date: 12/16/2013 IfUeeleL' `\ - PY,de_.0L David D.Buell,Prothonotary (Seal) B . Deputy REQUESTING PARTY: Name: MEREDITH WOOTERS,ESQUIRE Address:PHELAN,HALLINAN,LLP 1617 JFK BLVD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No.307207 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK vs. DAVID HUGHES KAREN J. HUGHES Plaintiff Defendants - . -- ? i LF t 4• I'R.- TH ONO ^I iIVY' ?flE (rR -2 AM 10: 1 C IXI3LRLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 12 -6244 CIVIL TERM 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 DAVID HUGHES and KAREN J. HUGHES on 1/8/2014 in accordance with the Order of Court dated 4/29/2013. The property was posted on 12/30/2013. Publication was advertised in The Sentinel on 1/10/2014 & in The Cumberland Law Journal on 1/17/2014. 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. DATE: 1/i/i Phelan By: Jonath Attorne LP tkowicz, Esq., Id. No.208786 Plaintiff ./� SOVEREIGN BANK SUCCESSOR BY MERGER TO YORK FEDERAL SAVINGS AND LOAN ASSOCIATION PLAINTIFF v. � W'49d IN THE COURT OF COMMON PLEAS QF : CUMBERLANO COUNTY, PENNSYLVANIA DAVID HUGHES KAREN J. HUGHES � DEFENDANTS : 12-6244 CIVIL ORDER OF COURT rn 1743 ="4 �� MO. AND NOW, this 29th day of April, upon consideration of the Plaintiff's Motiarfo, Service Pursuant to S ial Order of Court under Pa.R.C.P. 430 and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendants, David Hughes and Karen J. Hughes, have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED that Plaintiff may obtain service af the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.R.C.P. 3129.2 (c) (1)U)(C)^, on the above captioned Defendants, David Hughes and Karen J. Hughes, by: 1, Posting of the premises: 1OS North 21" Street, Camp Hill, PA17O11-3O09by the Sheriff or a non-party competent adult; and 2. By certified and regular mali to the Defendants' Iast known address at 109 North 21°` Street, Camp Hill, PA17D11-38DS; 3. That the Plaintiff effect service by pubtication to inelude the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; By the Court, Justin F. Kobeski, Esquire Attorney for Plaintiff Cumberland County Sheriff David Hughes Karen J. Hughes 109 North 21st Street Camp Hill, PA 17019-3809 bas Name and Address of Sender PHELAN HALLINAN & SCHMIEG One Penn Center at Suburban, Suite 1400 Philadelphia, PA 19103 111 111 , a Nt O Line Article Number Name of Addressee, Street, and Post Office Address 1 **** DAVID HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 2 **** KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 • 1 **** 4 **** 5 6 **** 7 **** 8 **** 9 **** 10 **** 11 **** 12 **** 13 **** 14 15 RE: DAVID HUGHES PHS# 764262 CUMBERLAND Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) LXH-CERTIFICATE OF MAILING-NOS Code#1020 1 1 1 1 1 1 1 11 7778' 2417 6099 0155 7582 JWI / 764262 KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011 -3809 - -fold here (regular) -- fold here (6x9) - -fold here (regular) 1 UNITED STATES POSTAL SERVICE Date Produced: 02/03/2014 PHELAN HALLINAN & SCHMIEG: The following is the delivery information for Certified MaiITM item number 7178 2417 6099 0155 1582. Our records indicate that this item was delivered on 01/27/2014 at 05:24 p.m. in CAMP HILL, PA 17011. The scanned image of the recipient information is provided below. Signature of Recipient : Ti • -, Address of Recipient : 1 11 "11)4f 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: 154858 USPS.com® USPS TrackingTM English Customer Service USPS Mobile USPS.CONT Quick Tools Ship a Package USPS TrackingTM Tracking Number: 71782417609901551582 Expected Delivery Day: Friday, January 10, 2014 Product & Tracking Information Postal Product: First-Class Mail° January 27, 2014, 5:24 Pm January 27, 2014 Features: Certified Mae" Delivered Depart USPS Sort Facility January 27, 2014 , 4:47 Processed through USPS Sort Facility am January 26, 2014 , 9:57 Processed through pm USPS Sort Facility January 26, 2014 , 2:01 Processed through pm USPS Sort Facility January 24, 2014 , 6:46 Processed through USPS Sort Facility pm January 22, 2014 , 6:16 Processed through USPS Sort Facility pm January 11, 2014 , 8:39 am Forwarded Page 1 of 2 Send Mail Manage Your Mail CAMP HILL, PA 17011 HARRISBURG, PA 17107 HARRISBURG, PA 17107 HARRISBURG, PA 17107 LANCASTER, PA 17604 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19176 CAMP HILL, PA R( Er https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901551582 2/6/2014 USPS.com® USPS TrackingTM January 9, 2014 January 8, 2014 , 11:51 pm January 8, 2014 , 10:36 pm January 8, 2014 Depart USPS Sort Facility Processed at USPS Origin Sort Facility Accepted at USPS Origin Sort Facility Electronic Shipping Info Received What's your tracking (or receipt) number? Page 2 of 2 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19103 LEGAL Privacy Policy > Terms of Use FOIA , No FEAR Act EEO Data > CIusaS.col,r ON USPS.COM Government Services > Buy Stamps & Shop > Print a Label with Postage > Customer Service Delivering Solutions to the Last Mile Site Index > Copyright© 2014 USPS, All Rights Reserved, Track It ON ABOUT.USPS.COM About USPS Home > Newsroom > USPS Service Alerts > Forms & Publications > Careers > 1 https: // tools. usps.com /go/TrackConfirmAction. action ?tLabels = 71782417609901551582 2/6/2014 1 1 1 1 1 1 1 1 7778 2417 6099 0755 7575 JWI / 764262 DAVID HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011 -3809 - -fold here (regular) -- fold here (6x9) - -fold here (regular) 111 1 UNITED STATES POSTAL SERVICE. Date Produced: 02/03/2014 PHELAN HALLINAN & SCHMIEG: The following is the delivery information for Certified Ma1ITM item number 7178 2417 6099 0155 1575. Our records indicate that this item was delivered on 01/27/2014 at 05:24 p.m. in CAMP HILL, PA 17011. The scanned image of the recipient information is provided below. Signature of Recipient : Address of Recipient : 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: 154857 {]SPS.cOm® -[JSPS Trackinem English Customer Service USPS Mobile auspsrom. Quick Tools Ship a Package USPS T k" r Tracking Number: 71782417609901551575 Expected Delivery Day: Friday, January 10, 2014 Product & Tracking Information . ..~~~~~.~~�. ~.~~.~.~^..�� ..~.~~.~..~~~.~~., Postal Product: First-Class Mail® January 27,2014,6:24 pm January 27, 2014 January 2G.2D14.U:44 pm January 26, 2014 January 25.2O14.1<l53 am January 33.2014.5:24 pm January 22, 2014 , 6:39 pm January 11.2O14.8:3Q am Features: Certified Mail - Delivered Depart USPS Sort Facility Processed through U8PG Sort Facility Depart USPS Sort Facility Processed through USPG Sort Facility Processed through USPG Sort Facility Processed through USPS Sort Facility Forwarded Page 1 of 2 Send Mail Manage Your Mail CAMP HILL PA 17011 HARRISBURG, PA 17107 HARRISBURG, PA 17107 LANCASTER, PA 17604 LANCASTER, PA 17604 PHILADELPHIA, PA1Q17G PHILADELPHIA, PA 19176 CAMP HILL, PA httnn://tOola.nmpo. . l7Q24l76099Ol55l57q 2/6/2014 USPS.com® - USPS January 9, 2014 Depart U8P6Sort Facility January B.2014.i1:S1 Processed at USPS pm Origin Sort Facility January 8.2014.1O:38 Accepted at USPS pm Origin Sort Facility January 8.2O14 . Electronic Shipping Info Received What's your tracking (or receipt) number? LEGAL Privacy Policy ` Terms of Use ` po|A, No FEAR Act EEO Data ) Page 2 of 2 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19176 PHILADELPHIA, PA19103 Track It OmWSPS.COmx ON ABOUT.USPS.COM Government Services Buy Stamps & Shop Print a Label with Postage> Customer Service, Delivering Solutions to the Last Milo> Site Index ` About UGPO Home ` Newsroom ' USPS Service Alerto` Forms & Publications ` Careers ) o https://toolo.esps. . l7024l76099055l575 2/6/2014 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK PH # 764262 DEFENDANT DAVID HUGHES KAREN J. HUGHES SERVE DAVID HUGHES AT: 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 **PLEASE POST PROPERTY IF UNABLE TO OBTAIN SUCCESSFUL SERVICE**PLEASE POST PROPERTY ON YOUR LAST ATTEMPT** SERVICE TEAM/ lxh COURT NO.: 12-6244 CIVIL TERM TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED Served and made known to DAN/JD HUGHES, Defendant on the day of cErkiVA3ea 20 (3, at , o'clock . M., at (0:1 0g.t 2iST to-c-er , in the manner described below: Defendant prsona11y 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 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. s 04, Description: Age Height Weight Race Sex Other I, J4--)156-414- VC-MEW , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs 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. Sec. 4904 relating to unsworn falsification to authorities. PRINTED NAME: 14--)941i*+- TITLE: v,c)ia.•.-..124.-7.0 sraatoz- NOT SERVED On the day of , 20_, at o'clock . M., I, , a competent adult hereby state thirgifendant 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: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE (FI1LMC) PLAINT1rr CUMBERLAND COUNTY SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK DEFENDANT DAVID HUGHES KAREN J. HUGHES SERVE KAREN J. HUGHES AT: 109 NORTH 21ST STREET CAMP HILL, PA 17011 -3809 * *PLEASE POST PROPERTY IF UNABLE TO OBTAIN SUCCESSFUL SERVICE **PLEASE POST PROPERTY ON YOUR LAST ATTEMPT ** - PH # 764262 SERVICE TEAM/ lxh COURT NO.: 12 -6244 CIVIL TERM TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED ed and made known to KAREN J. HUGHES, Defendant on the 3 0day of C r 20 �, at , o'clock M., at , in the manner described below: _ Defendant personally servbd. 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. Other: eb'-t Z- Descriptiii- on:'.'•Age Height Weight Race Sex Other I, o�1 €t) , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs 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. Sec. 4904 relating to unswom falsification to authorities. DATE: L ")(l NAMEV ( ' 4-`- PRINTED NAME: "Ar 1 O1C.c I CD EL TITLE: (t tEC.L NOT SERVED On the day of ' 20, at o'clock _. M., I, , a competent adult hereby state thatJeTendant �ecause: _ 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 unworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563 -7000 . q4t 9 a w 14/ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Patrick Doane, Production Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): January 10, 2014. COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS • OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12 -6244 CIVIL TERM SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Vs. DAVID HUGHES and KAREN J. HUGHES NOTICE TO: DAVID HUGHES and KAREN J. HUGHES NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Being Premises: 109 NORTH 21ST STREET, CAMP HILL, PA 17011 -3809 Being in CAMP HILL, County of CUMBERLAND, Commonwealth of Pennsylvania, 01 -21 -0271 -384 Improvements consist of residential property. Sold as the property of DAVID HUGHES and KAREN J. HUGHES Your house (real estate) at 109 NORTH 21ST STREET, CAMP HILL, PA 17011 -3809 is scheduled to be sold at the Sheriffs Sate on 06/04/2014 at 10:00 AM, at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $63,177.87 obtained by, SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK (the mortgagee), against the above premises. PHELAN HALLINAN, LLP Attorney_ for Plaintiff _ Affiant further deposes that he /she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this Nota My commission expires: COMMONWEALTH OF PENNSYLVAN Notarial Seal Bethany M. Holtry, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept 26, 2,015 BER, PENNSYLVANIA ASS TION OF NOTARI 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 January 17, 2014 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. isa Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 17 day of January, 2014 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 fl Le. e `� CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 12 -6244 CIVIL TERM SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK vs. DAVID HUGHES and KAREN J. HUGHES NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: DAVID HUGHES and KAREN J. HUGHES Being Premises: 109 NORTH 21ST STREET, CAMP HILL, PA 17011- 3809. Being in CAMP HILL, County of CUMBERLAND, Commonwealth of Pennsylvania, 01 -21- 0271 -384. Improvements consist of residen- tial property. Sold as the property of DAVID HUGHES and KAREN J. HUGHES. Your house (real estate) at 109 NORTH 21ST STREET, CAMP HILL, PA 17011 -3809 is scheduled to be sold at the Sheriff's Sale on June 4, 2014 at 10:00 A.M., at the CUM- BERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $63,177.87 ob- tained by, SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK (the mortgagee), against the above premises. PHELAN HALLINAN, LLP Attorneys for Plaintiff Jan. 17 14 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff, v. DAVID HUGHES KAREN J. HUGHES Defendant(s) : CIVIL DIVISION : No.: 12-6244 CIVIL TERM NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for 06/04/2014 at 10:00 AM in the above-captioned matter has been continued until 08/06/2014 at 10:00 AM. Date: PH # 764262 15/2 g(/` Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff l'%1) ElihS Y1 ‘71, Ni, 14-k PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff, V. DAVID HUGHES KAREN J. HUGHES Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 12-6244 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriff's Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: DAVID HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 Date: PH # 764262 KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff ir;_ ti'.ratill i,, PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 ,., , - , 1617 JFK Boulevard, Suite 1400 P' i' �. i La COU:',] One Penn Center Plaza f � Vr `� Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TNSYLVANIA SANTANDER BANK, N.A., FORMERLY KNOWN CUMBERLAND COUNTY AS SOVEREIGN BANK Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DAVID HUGHES •No.: 12-6244 CIVIL TERM KAREN J. HUGHES • 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". Date: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 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. PH # 764262 Santander Bank, N.A., Formerly Known as Sovereign Bank Plaintiff v. David Hughes Karen J. Hughes Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12-6244 CIVIL TERM CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Santander Bank, N.A., Formerly Known as Sovereign Bank, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 109 North 21st Street, Camp Hill, PA 17011-3809. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) David Hughes Karen J. Hughes 2. Name and address of Defendant(s) in the judgment: Name David Hughes Karen J. Hughes 109 North 21st Street, Camp Hill, PA 17011-3809 109 North 21st Street, Camp Hill, PA 17011-3809 Address (if address cannot be reasonably ascertained, please so indicate) 109 North 21st Street Camp Hill, PA 17011-3809 109 North 21st Street Camp Hill, PA 17011-3809 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Palisades Collection LLC Palisades Collection, LLC CIO David R. Galloway, Esquire Palisades Collection, LLC CIO Tonilynn Chippie, Esquire Chase Bank USA, N.A. Chase Bank USA, N.A. C/O James C. Warmbrodt, Esquire 210 Sylvan Avenue Englewood Cliffs, NJ 07632 130b Gettysburg Pike Mechanicburg, PA 17055 218 College Park Plaza Johnstown, PA 15904 3700 Wiseman Boulevard San Antonio, TX 78251 Weltman, Weinberg & Reis, CO., L.p.a. 436 Seventh Ave Ste 1400 Pittsburgh, PA 15219 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 PH # 764262 Surgical Care Affiliates, LLC., T/d/b/a Grandview Surgery Surgical Care Affiliates, LLC., T/d/b/a Grandview Surgery C/O Kimberly A. Bonner, Esq. 205 Grandview Drive Camp,Hill, PA 17011 P.O. Box 650 Hershey, PA 17033 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Manufacturers & Traders Trust Company 1 Fountain Plaza 4th Floor Buffalo, NY 14203 Manufacturers & Traders Trust Company One M&T Plaza Buffalo, NY 14240 Manufacturers & Traders Trust Company C/O 2005 Cabot Boulevard West Group9, Inc. Langhorne, PA 19047 5. Name and address of every other person who has Name Borough Camp Hill C/O Scott A. Dietterick, Esq. Borough Camp Hill any record lien on the property: Address (if address cannot be reasonably ascertained, please indicate) PO Box 650 Hershey, PA 17033 2145 Walnut Street Camp Hill, PA 17011 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. Name None. Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County 109 North 21st Street Camp Hill, PA 17011-3809 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 PH # 764262 Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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.A. § 4904 relating to unsworn falsification to authorities. Date: cal/T PH # 764262 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Address Of Sender Line us+ Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZYJKAZ - 08/06/2014 SALE Name of Addressee, Street, and Post Office Address 1 2 Borough Camp Hill 2145 Walnut Street Camp Hill, PA 17011 Borough Camp Hill C/O Scott A. Dietterick, Esq. PO BOX 650 HERSHEY, PA 17033 3 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 4 Surgical Care Affiliates, LLC., T/d/b/a Grandview Surgery 205 Grandview Drive Camp Hill, PA 17011 5 Total Number of Pieces Listed by Sender Surgical Care Affiliates, LLC., T/d/b/a Grandview Surgery CIO Kimberly A. Bonner, Esq. P.O. BOX 650 HERSHEY, PA 17033 RE: DAVID HUGHES (cumpauLAND), ,-fits 764262/1026 Page 1 of 1 45 Day Postage 50.47 S0.47 S0.47 $0.47 50.47 52.35 Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) Form 3877 Facsimile PH # 764262 The full declaration of value 4 required on all domestic and imernational registered mail. The maximum indemnity payable for the teconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is SS0,000 per piece subject to a limit of S500,000 per occurrence. 7bertIAXiMUM indemnity payable on Express Mail merchandise is 5500. The maximum indemnity payable is 525.000 for registered mail, sem with optional insurance. See Domestic Mal Manual R900 5913 and S92I for lintitations of coverage. Name and Address Of Sender mo+ Line Article Number Phelan Hallinan, LLP 1617JFK Boulevard, uite 1400 One Penn Center Pl Philadelphia, PA 191 AZKICET - 06/04/2014 SALE Name of Addressee, treet, aqd Post Office Address 1 TENANT/OCCUPA$ T 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 2 Chase Bank USA, N.A. 3700 Wiseman Boulevard San Antonio, TX 782¢1 Postage $0.45 $0.45 3 CHASE BANK USA, N.A. CIO JAMES C. WARMBRODT, ESQUIRE WELTMAN, WEINBERG & REIS, CO., L.P.A. 436 SEVENTH AVE STE 1400 PITTSBURGH, PA 15219 $0.45 4 Commonwealth of Pennsylvania Bureau of Individual Taxes inheritance Tax Division 6th Floor, Strawberry Sq. r Dept 280601 Harrisburg, PA 1712d $0.45 5 6 7 Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program P.O. Box 8486 Willow Oak Building • Harrisburg, PA 17104 MANUFACTURERS'& TRADERS TRUST COMPANY 1 FOUNTAIN PLAZA 4TH FLOOR BUFFALO, NY 1420 MANUFACTURERS& TRADERS TRUST COMPANY ONE M&T PLAZA BUFFALO, NY 14241 $0.45 %iA $0.45 $0.45 8 MANUFACTURERS & TRA DERS TRUST COMPANY /0 GROUP9, INC. 2005 CABOT BOULEVARD WEST LANGHORNE, PA 19047 $0.45 9 **** Palisades Collection LLC 210 Sylvan Avenue Enfdewood Chis, NJ 07632 RE3DANDISIM i IRMD? PHr# 7642621102 PaVir $0.45 Total Number of Pisces Listed by Sender Total Number of Pieces Received at Post office Poi master. Per (Name of Receiving Employee) Form 3877 Facsimile The full declaration of value is required on all dolomite and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable document under Express Mail document reconstnxtinn insurance is SS0,000 per piece subject to a limit of 5500.000 peroecurrenae. The maximum indemnity payable on Express Mail merchandise is SS00. The maximum indemnity payable is S25.000 for,egistercd nail, sent with optional insurance. Sec Domestic Malt Manual R900 S913 and 5921 for limitations of coverage: 0 Name and Address Of Sender Line Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/CET - 06/04/2014 SALE Name of Addressee, E treet, ar d Post Office Address 1 PALISADES COLLECTION LLC C/O DAVID R. GALLOWAY, ESQUIRE 130B GETTYSBURG PIKE MECHANICBURG, PA 1705,5 Postage $0.45 2 PALISADES COLLECTION LLC C/O TONILYNN CRIPPLE, ESQUIRE 218 COLLEGE PARS{ PLAZA JOHNSTOWN, PA 1.904 $0.45 3 Domestic Relations o Cumberland County 13 North Hanover S eet Carlisle, PA 17013 $0.45 4 Commonwealth of P = nsylvaala Department of Welt e P.O. Box 2675 Harrisburg, PA 1710 $0.45 5 6 Internal Revenue 1000 Liberty Avenue Pittsburgh, PA 1522 ce Advisory oom 7114 U.S. Department of J 'ce U.S. Attorney for the iddle District of PA Federal Building 228 Walnut Street, S to 220 PO Box 11754 Harrisburg, PA 1711 -1754 I1:• r. •t�,' Total Number of Pines Listed by Sender Form 3877 Facsimile $0.45 $0.45 ,r') atraiiniilliatira60,671192kiiiinoweRageire042111raielviiaiiiiiMINiliNabeasielaisaaaidminillir Total Number of Plats Received at Post Office Por:mastrr, Per (Nance of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable document; under Exprest Mail document teconsuur:tion insurance is 550,000 per piece subject to a limit of S500,000 per occurrcnc. The maximum indemnity payable on Express Mail merchandise is 5500. The maximum indemnity payable is S25.000 forsegiatered mail, sent with optional insurance. See Domestic Mail Manual R900 S913 and S921for limitations of coverage. Phelan Hallinan, LLP Jonathan'M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 j onathan. etkowicz@phelanhallinan.com 215-563-7000 SANTAN'DER BANK, N.A., FORMERLY KNOWNAS SOVEREIGN BANK Plaintiff v. DAVID ;HUGHES KAREN't HUGHES ATTORNEY FOR PLAINT G3 �, �� or, Court of Common. Pleas Civil Division CUMBERLAND County No.: 12-6244 CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1 2012. Plaintiff commenced this foreclosure action by filing a Complaint on October 5, 2. Judgment was entered .on December 16, 2013 in the amount of $63,177.87. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". } 3. Pursuant to,Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4! The Property is listed for Sheriffs Sale on August 6, 2014. 764262 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through August 6, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Escrow Deficit TOTAL $55,410.07 $12,107.90 $450.81 $2,000.00 $1,859.73 $1,500.00 $459.45 $7,730.25 $10,015.59 $91,533.80 6. Plaintiff paid the following in property preservation during the time that the loan was in default: 7/31/2013 9/4/2013 9/6/2013 9/6/2013 9/9/2013 3/13/2014 3/25/2014 3/31/2014 3/31/2014 3/31/2014 3/31/2014 4/10/2014 5/2/2014 6/20/2014 8/5/2014 9/25/2014 10/30/2014 TOTAL OCCUPANCY VERIFICATION OCCUPANCY VERIFICATION PROPERTY REPAIRS MOLD REMOVAL WINTERIZATION YARD MAINTENANCE OCCUPANCY VERIFICATION OCCUPANCY VERIFICATION PROPERTY SECURING PROPERTY CLEANING PROPERTY MAINTENANCE YARD MAINTENANCE YARD MAINTENANCE PROPERTY SECURING PROPERTY SECURING YARD MAINTENANCE PROPERTY REPAIRS $35.00 $48.00 $1,860.00 $1,856.25 $250.00 $300.00 $67.00 $48.00 $30.00 $305.00 $123.00 $120.00 $120.00 $75.00 $35.00 $125.00 $2,333.00 $7,730.25 764262 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. 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 June 11, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Hess entered an order for granting Plaintiff's Motion to Lift Conciliation Stay dated October 22, 2013. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: (0 t l Li By: Phelan Hallinan, LLP Jonath. ' tkowicz, Esquire ATTO EY FOR PLAINTIFF 764262 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan com 215-563-7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff v. DAVID HUGHES KAREN J. HUGHES Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12-6244 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DAVID HUGHES and KAREN J. HUGHES executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 109 NORTH 21ST STREET, CAMP HILL, PA 17011-3809. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 764262 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 764262 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 764262 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 764262 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 764262 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 764262 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 764262 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Jona Atto 1 4.y M. Etkowicz, Esquire for Plaintiff 764262 Exhibit "A" 764262 FILED -OFFICE 1Ciw OF .rHE PROTHONOTARY PHELAN HALLINAN, LLP N13 DEC 16 All 10: 47 Attorney for Plaintiff Meredith Wooters, Esq., Id. No.307207 COUNTY, 1 O .617 JFK Boulevard, Suite 1400 PENidSYICOUNTY. One Penn Center Plaza Philadelphia, PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A., FORMERLY : CUMBERLAND COUNTY KNOWN AS SOVEREIGN BANK vs. DAVID HUGHES KAREN J. HUGHES : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-6244 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: • • • • Kindly enter judgment in favor of the Plaintiff and against DAVID HUGHES and KAREN J. HUGHES, Defendant(s) for failure to file an Answer to Plaintiff's. Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $63,177.87 TOTAL $63,177.87 I hereby certify that (1) the Defendants' last known address is 109 NORTH 21ST STREET, CAMP HILL, PA 17011-3809, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date \d 1' DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE: I. 3 PH # 764262 Meredi h Wooters, Esq., Id. No.307207 Attorney for Plaintiff PROTHONOTARY 764262 Exhibit "B" 764262 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 June 2, 2014 DAVID HUGHES KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 RE: SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK v. DAVID HUGHES and KAREN J. HUGHES Premises Address: 109 NORTH 21ST STREET CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 12-6244 CIVIL TERM Dear Defendants, 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 6/7/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ilan M. Etkowicz, Esq., Id. No.208786 n:ey for Plaintiff Enclosure 764262 Name and Address Of Sender Article Number Total Number of Pieces Listed by Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadel,hia, PA 19103 Name of Addressee Stree and Post Office Address DAVID HUGHES KAREN J. HUGHES 109 NORTH 2IST STREET CAMP HILL PA 17011-3809 RE: DAVID HUGHES CUMBERLAND PH # 764262/1200 Pa_eloft Posta . e $0.48 Form 3877 Facsimile The full declaration of value is required on alt domestic and international registered mail. The n for the reconstruction of nonnegotiable documents under Express Mail document reconatnection piece subject to a limit ofSS00,000 per occurrence. The maximum indemnity payable on Exert The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. S R900 S913 and 5921 for limitations of covert • . 764262 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF SANTANDER BANK, N.A., FORMERLY Court of Common Pleas KNOWN AS SOVEREIGN BANK Plaintiff Civil Division v. CUMBERLAND County DAVID HUGHES No.: 12-6244 CIVIL TERM KAREN J. HUGHES Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. DAVID HUGHES KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 DATE: tfr--t By: Phelan Hallinan, LLP Jonat . tkowicz, Esquire ATTO Y FOR PLAINTIFF 764262 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff v. DAVID HUGHES KAREN J. HUGHES Defendants RULE AND NOW, this Aday of 9v,..". Court of Common Pleas Civil Division CUMBERLAND County No.: 12-6244 CIVIL TERM 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants 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 THE OURT 4/ J. 764262 6nathan M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 VID HUGHES KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 t ir2-.1.4t, LP/P-Pg 764262 764262 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff vs. DAVID HUGHES KAREN J. HUGHES ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12-6244 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 16, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. DAVID HUGHES KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 DATE: 672-6/ 1-/ By: Phelan H. an, LLP Justin • . Kobeski, Esq., Id. No.200392 Att• ney for Plaintiff 747 r C 764262 EO -OF OF FIQPROTHONOTAH'i. 2014 AUG 0110: 27 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff, V. DAVID HUGHES KAREN J. HUGHES Defendant(s) Attorney for Plaintiff • : CIVIL DIVISION : No.: 12-6244 CIVIL : TERM NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 08/06/2014 at 10:00 AM in the above -captioned matter has been continued until 10/01/2014 at 10:00 AM. Date: Pll # 764262 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff w.d PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff, v. DAVID HUGHES KAREN J. HUGHES Defendant(s) CERTIFICATION OF SERVICE Attorney for Plaintiff : CIVIL DIVISION : No.: 12-6244 CIVIL : TERM I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: DAVID HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 Date: PH # 764262 7(// 1`. KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 01cli t:ti(',,, O mm:,cE OP MC SHI.ERIFF r ; fit SEP 22 PM 2: CUMBERLAND COUNT'( PENNSYLVANIA Sovereign Bank vs. Karen J. Hughes (et al.) Case Number 2012-6244 SHERIFF'S RETURN OF SERVICE 04/01/2014 07:19 PM - Deputy Brian Grzyboski, 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 109 North 21st Street, Camp Hill - Borough, Camp Hill, PA 17011, Cumberland County. 04/01/2014 07:19 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: David Hughes, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 109 N. 21st Street, Camp Hill, PA 17011, property is Vacant. cab 04/01/2014 07:19 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Karen J. Hughes, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 109 N. 21st Street, Camp Hill, PA 17011, property is Vacant. cab 05/15/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 07/23/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/1/2014 09/16/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $762.90 SO ANSWERS, September 16, 2014 RONO R ANDERSON, SHERIFF (C) CountySu:?e Sheriff,'releosott, On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA, Known and numbered 109 North 21st Street, Camp Hill, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: attd-'9 -4NO fuloc Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2012-6244 Civil Term Sovereign Bank vs Karen J. Hughes David Hughes Atty.: Joseph Schalk By virtue of a Writ of Execu- tion No. 12-6244 CIVIL TERM, SANTANDER BANK, N.A., FOR- MERLY KNOWN AS SOVEREIGN BANK v. DAVID HUGHES, KAREN J. HUGHES owner(s) of property situate in the BOROUGH OF CAMP HILL, CUMBERLAND County, Pennsylva- nia, being 109 NORTH 21ST STREET, CAMP HILL, PA 17011-3809. Parcel No. 01-21-0271-384. Improvements thereon:, RESI- DENTIAL DWELLING. Judgement Amount: $63,177.87. 69 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 18, April 25 and May 2, 2014 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. sa Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this da of Ma 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 2020 Technology Pkwy Suite 300 • Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 theahiot-lews 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 Marianne Miller, being duly sworn according to law, deposes and says: That she 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 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. 2012-6244 Civil Term Sovereign Bank vs Karen J. Hughes David Hughes Atty: Joseph Schalk By virtue of a Writ of Execution No. 12-6244 CIVIL TERM SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK v. DAVID HUGHES KAREN J. HUGHES owner(s) of property situate in the BOROUGH OF CAMP HILL, CUMBERLAND County, Pennsylvania, being 109 NORTH 21ST STREET, CAMP HILL, PA 17011-3809 Parcel No. 01-21-0271-384 (Acreage or street address) . Improvements thereon:, RESIDENTIAL DWELLING, ' Judgement Amount: $63,177.87 This ad ran on the date(s) shown below: 04/13114 04/20/14 04/27/14 nd subscribed be 02 day of May, 2014 A.D. otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Se& Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER. PENNSYLVANIA ASSOCIATION OF N!)TARIE. Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 CF THE FILED -OFFICE O THO NOO Tty( 20!4 SEP 30 AM 10: 2� TORNEY FOR PLAINTIFF AT CUMBERLAND COUNTY PENNS YLV, N/ SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff vs. DAVID HUGHES KAREN J. HUGHES Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 12-6244 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, 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 June 12, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about June 16, 2014 directing the Defendants to show cause by July 6, 2014 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 A. 3. The Rule to Show Cause was timely served upon all parties on June 26, 2014 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 B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of July 6, 2014. 764262 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: q72(///r By: Phelan Hallinan, LLP Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 3 764262 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SANTANDER BANK, N.A., FORMERLY Court of Common Pleas KNOWN AS SOVEREIGN BANK Plaintiff Civil Division v. CUMBERLAND County DAVID HUGHES No.: 12-6244 CIVIL TERM KAREN J. HUGHES Defendants RULE AND NOW, this ito day of at/OE-2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of, this Order to file a response to Plaintiffs 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 THE COURT 764262 Exhibit "B" Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.corn 215-563-7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff vs DAVID HUGHES KAREN J. HUGHES ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12-6244 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 16, 201#. the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. -mrcti 01 IP DAVID HUGHES HUGHES KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 DATE: ••__ By: Phelan It LLP Justin Cobes i, Esq., Id. No.200392 Alt ney for Plaintiff c" 764262 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF SANTANDER BANK, N.A., FORMERLY Court of Common Pleas KNOWN AS SOVEREIGN BANK Plaintiff Civil Division vs. CUMBERLAND County DAVID HUGHES No.: 12-6244 CIVIL TERM KAREN J. HUGHES Defendants CERTIFICATION OF SERVICE I hereby certify a that true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. DAVID HUGHES KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 DATE: /2Q/if By: Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 764262 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A., FORMERLY Court of Common Pleas KNOWN AS SOVEREIGN BANK Plaintiff Civil Division vs. CUMBERLAND County DAVID HUGHES No.: 12-6244 CIVIL TERM KAREN J. HUGHES Defendants ORDER AND NOW, this "7" day of 0071,...r , 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captioned 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 Interest Through August 6, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Escrow Deficit TOTAL Plus interest at six percent per annum. $55,410.07 $12,107.9Q) $2,000.60 CD $1,859.T.-7_-' ---4 .:,.... r-; t $1,500. $459. $7,730..;, $10.,015. r.. G) -..1.. --, ._.,... ,z.D, $91,533.80 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Qc','c'211_L A147 J LLb baut Les Kurz 44ufkes /0/7//L( 764262 FILED-OFTICE OF THE PRO THONO 2614 NOV 1 7 NI 9:57 CUMHRLAND COI f'!..TY PENNSYLVANIA Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff SANTANDER BANK, NA, FORMERLY KNOWN AS SOVEREIGN BANK, SBM TO WAYPOINT BANK, FKA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff V. DAVID HUGHES KAREN J. HUGHES Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12-6244 CIVIL TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute SANTANDER BANK, NA, FORMERLY KNOWN AS SOVEREIGN BANK. SBM TO WAYPOINT BANK, FKA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: SANTANDER BANK, NA, FORMERLY KNOWN AS SOVEREIGN BANK, SBM TO WAYPOINT BANK, FKA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION is the current Plaintiff in the foreclosure action by virtue of a corporate merger, whereby SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK is now known as SANTANDER BANK, NA, FORMERLY KNOWN AS SOVEREIGN BANK, SBM TO WAYPOINT BANK, FKA YORKPEDERAL SAVINGS AND LOAN ASSOCIATION Kindly amend the information on the docket accordingly. Date: 1 r /71c PH # 764262 By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff SANTANDER BANK, NA, FORMERLY KNOWN AS SOVEREIGN BANK, SBM TO WAYPOINT BANK, FKA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff v. DAVID HUGHES KAREN J. HUGHES Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12-6244 CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of SANTANDER BANK, NA, FORMERLY KNOWN AS SOVEREIGN BANK, SBM TO WAYPOINT BANK, FKA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION. Date: //// // PH # 764262 PHELAN HALLLNAN, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff SANTANDER BANK, NA, FORMERLY KNOWN AS SOVEREIGN BANK, SBM TO WAYPOINT BANK, FKA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff V. DAVID HUGHES KAREN J. HUGHES Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12-6244 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe for Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: DAVID HUGHES KAREN J. HUGHES 109 NORTH 21ST STREET CAMP HILL, PA 17011-3809 Date: /1//c PHELAN HALLINAN, LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SANTANDER BANK, NA, FORMERLY KNOWN AS SOVEREIGN BANK, : COURT OF COMMON PLEAS SBM TO WAYPOINT BANK, FKA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff v. David Hughes Karen J. Hughes Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/08/2014 to Date of Sale ($0.00 per diem) TOTAL $91,533.80 CIVIL DIVISION : NO.: 12-6244 CIVIL TERM . CUMBERLAND COUNTY $91,533.80 $0.00 Note: Please attach description of property. PH # 764262 auLitS0S-1) &f3t- r[cic " " ---7tpd.900 la,--7sit I) qsp<< jc,,,so,(t l I tl oe 9 Sa`l Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff (C I ( 1 1/7 � 04- /7S 6(4EJ LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in the Borough of camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of North Twenty -First Street at the southern line of Camp Hill Church Plot; thence along ]and of Camp Hill Church Plot et al North sixty-eight (68) degrees thirty (30) minutes East one hundred fifty and seventy-three hundredths (150.73) feet to an iron pin in the western side of a ten (10) feet wide alley; thence along the western side of said alley south nine (09) degrees forty-five (45) minutes east ninety-eight and hundredths (98.05) feet to a stake in the northern line of other land now or formerly of Clive J. York; thence along said line and for part of the distance through the partition wall separating houses Nos. 109 and 107 North Twenty -First Street south seventy-seven (77) degrees seven (07) minutes forty-seven (47) seconds West one hundred forty-seven and fifty-seven hundredths (147.57) feet to a point in the eastern side of North Twenty -First Street; thence along the eastern side of North Twenty -First Street, north thirteen (13) degrees twenty-six (26) minutes West seventy-four and one hundredths (74.01) feet to the point and place of BEGINNING. HAVING thereon erected the norther half of a double brock dwelling house known as no. 109 North Twenty - First Street. Tax Map 01-21-0271-384 TITLE TO SAID PREMISES VESTED IN David Hughes and Karen J. Hughes, h/w, by Deed from Wilma O. Radle, widow, by her attorney-in-fact, Beverly I. Bosetti, dated 11/16/1994, recorded 11/30/1994 in Book 115, Page 488. PREMISES BEING: 109 North 21st Street, Camp Hill, PA 17011-3809 PARCEL NO. 01-21-0271-384 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@Phelarnl.lallinan.com 215-563-7000 SANTANDER BANK NA, FORMERLY KNOWN AS SOVEREIGN BANK, SBM TO WAYPOINT BANK, FKA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff v. David Hughes Karen J. Hughes Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 12-6244 CIVIL TERM . CUMBERLAND County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan, LLP _ Adam H. Davis. Esq.. Id. No.203034 Attorney for Plaintiff SANTANDER BANK, NA, FORMERLY KNOWN AS SOVEREIGN BANK, SBM TO WAYPOINT BANK, FKA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff David Hughes Karen J. Hughes Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12-6244 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 SANTANDER BANK, NA, FORMERLY KNOWN AS SOVEREIGN BANK, SBM TO WAYPOINT BANK, FKA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 109 North 21st Street, Camp Hill, PA 17011-3809. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) David Hughes Karen J. Hughes 2. Name and address of Defendant(s) in the judgment: Name David Hughes Karen J. Hughes 109 North 21st Street, Camp Hill, PA 17011-3809 109 North 21st Street, Camp Hill, PA 17011-3809-`=7;.. Address (if address cannot be reasonably ascertained, please so indicate) 109 North 21st Street Camp Hill, PA 17011-3809 109 North 21st Street Camp Hill, PA 17011-3809 Na • 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Palisades Collection LLC Palisades Collection, LLC C/O David R. Galloway, Esquire Palisades Collection, LLC C/O Tonilynn Chippie, Esquire Chase Bank USA, N.A. PH # 764262 210 Sylvan Avenue Englewood Cliffs, NJ 07632 130B Gettysburg Pike Mechanicburg, PA 17055 218 College Park Plaza Johnstown, PA 15904 3700 Wiseman Boulevard San Antonio, TX 78251 Chase Bank USA, N.A. C/O James C. Warmbrodt, Esquire Cumberland County Adult Probal ion • Surgical Care Affiliates, LLC., Tld/b/a Grandview Surgery Surgical Care Affiliates, LLC., T/d/b/a Grandview Surgery C/O Kimberly A. Bonner, Esq. 4. Name and address of last recorded holder of every n Name Manufacturers & Traders Trust Company Manufacturers & Traders Trust. Company Weltman, Weinberg & Reis, CO., L.P.A. 436 Seventh Ave Ste 1400 Pittsburgh, PA 15219 1 Courthouse Square Carlisle, PA 17013-3387 205 Grandview Drive Camp Hill, PA 17011 P.O. Box 650 Hershey, PA 17033 iortgage of record: Address (if address cannot be reasonably ascertained, please indicate) 1 Fountain Plaza 4th Floor Buffalo, NY 14203 One M&T Plaza Buffalo, NY 14240 Manufacturers & Traders Trust Company C/O 2005 Cabot Boulevard West Group9, Inc. Langhorne, PA 19047 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Borough Camp Hill C/O Scott A. Dietterick, .Esq. Borough Camp Hill PO Box 650 Hershey, PA 17033 2145 Walnut Street Camp Hill, PA 17011 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. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program PH # 764262 109 North 21st Street Camp Hill, PA 17011-3809 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 Domestic Relations of Cu►nberland County Commonwealth of Pennsylvania Department of Welfare +' Internal Revenue Service Advisory • U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisbrirg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 1 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.A. § 4904 relating to unsworn falsification to authorities. Date /1/V0 - PH # 764262 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 SANTANDER BANK, NA, FORMERLY KNOWN AS : COURT OF COMMON PLEAS SOVEREIGN BANK, SBM TO WAYPOINT BANK, FKA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION : CIVIL DIVISION' - Plaintiff : • : NO.: 12-6244 CIVIL TERM vs. David Hughes : CUMBERLAND County r• -.)G Karen J. Hughes Defendant(s) ,= c -� r' 1 ca rl z' ; - cr; r r.)r^ (.:1 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY cr1 < c� Dom, G -i1 TO: David HughesQ = oc? Karen J. Hughes o21 r' 109 North 21st Street -< Camp Hill, PA 17011-3809 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 109 North 21st Street, Camp Hill, PA 17011-3809 is scheduled to be sold at the Sheriff's Sale on 03/04/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $91,533.80 obtained by SANTANDER BANK, NA, FORMERLY KNOWN AS SOVEREIGN BANK, SBM TO WAYPOINT BANK, FKA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared --to the value of your p— operty: The sale will go through only if the buyer pays the Sheriff the full amount due -in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ,A. SHORTJDESCRIPTION By virtue of a Writ of Execution No. 12-6244 CIVIL TERM SANTANDER BANK, NA, FORMERLY KNOWN AS SOVEREIGN BANK, SBM TO WAYPOINT BANK, FKA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION v. David Hughes Karen J. Hughes owner(s) of property situate in the BOROUGH OF CAMP HILL, CUMBERLAND County, Pennsylvania, being 109 North 21st Street, Camp Hill, PA 17011-3809 Parcel No. 01-21-0271-384 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $91,533.80 Attorneys for Plaintiff Phelan Hallinan, LLP ° LEGAL DESCRIPTION ALL THAT CERTAIN tract or parceof ground situate in the Borough of camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of North Twenty -First Street at the southern -line of Camp Hill Church Plot; thence along land of Canip Hill Church Plot et al North sixty-eight(68) degrees thirty (30) minutes East one hundred fifty and seventy-three hundredths (150.73) feet to an iron pin in the western side o/aten (|0)feet wide alley; thence along the western side of said alley south nine (09) degrees forty-five (45) minutes east ninety-eight and hundredths (9805) feetto a stake in the northern line of other land now or formerly of Clive J. York; thence along said line and for part of the distance through the partition wall separating houses Nos. 109 and 107 North Twenty:First Streesouth seventy-seven (77) degrees seven (07) minutes forty-seven (47) seconds West one hundred forty-seven and fifty-seven hundredths (147.57) feet to a point in the eastern side of North Twenty -First Street; thence along the eastern side of North Twenty -First Street, north thirteen (13) degrees twenty-six (26) minutes West seventy-four and one hundredths (74.01) feet to the point and place of BEGINNING, HAVING thereon erected the norther half of a double brock dwelling house known as no. 109 North Twenty - First Street. Tax Map 01-21-0271-384 TITLE TO SAID PREMISES VESTED TN David Hughes and Karen J. Hughes, h/w, by Deed from Wilma 0. Radle, widow, by her attorney-in-fact, Beverly I. Bosetti, dated 11/16/1994, recorded 11/30/1994 in Book 115, Page 488. PREMISES BEING: 109 North 21st Street, Camp Hill, PA 17011-3809 PARCEL NO. 01-21-0271-384 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net SANTANDER BANK, NA, FORMERLY KNOWN AS SOVEREIGN BANK, SBM TO WAYPOINT BANK, FKA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Vs. NO 12-6244 Civil Term CIVIL ACTION — LAW DAVID HUGHES KAREN J. HUGHES WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $91,533.80 L.L.: Interest FROM 10/08/2014 TO DATE OF SALE ($0.00 PER DIEM) - $0.00 Atty's Comm: Atty Paid: $1,157.60 Plaintiff Paid: Date: 11/25/14 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary �,� (Seal) By: y�✓ •%' ,42 Deputy REQUESTING PARTY: Name: ADAM H. DAVIS, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 r' rl IC j ; THONO PHELAN HALLINAN; LLP 23111 214, ENO: 01 Adam H. Davis, Esq.,. Id.No.203034,1r 1617 JFK Boulevard; Suite 1400 �; �� �� COLS ,iT��. One Penn Center Plaza�VAJ j fl Philadelphia, PA 19103 Adam.Davis@Plielanliallinan.com 215-563-7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK vs. DAVID HUGHES KAREN J. HUGHES Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 12-6244 CIVIL TERM PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Defendant(s), DAVID HUGHES, and KAREN J. HUGHES in accordance with the Court's Order dated October 7, 2014 As set forth in the Order of the Court TOTAL Cc: DAMAGES AR DATE: $91,533.80 $91,533.80 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff HEREBY ASSESSED S INDICATED. r *e tk. A PROTHONOTARY Cr C/-# l(/ 75 764262 Si 3 8oi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff VS. DAVID HUGHES KAREN J. HUGHES Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 12-6244 CIVIL TERM ORDER AND NOW, this day of Cc,' r ,..2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance Interest Through August 6, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Escrow Deficit TOTAL 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. $55 4E0z07= $12, 90= $2,,� X00 $1;3:73 Si. $7,73b $10,015;59. $91,533.80 BY THE COURT: 764262 SANTANDER BANK, N.A., FORMERLY :. CUMBERLAND COUNTY KNOWN AS SOVEREIGN BANK vs. DAVID HUGHES KAREN J. HUGHES : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-6244 CIVIL TERM Notice is given that an assessment of damages in the above captioned matter has been entered against you on 1 10/t1)01. If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 764262