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Home My WebLink About13-1840 Supreme Court of Pennsylvania Cour.Com Pleas For Prothonotary Use Only: ><v>T et CUk' County Docket No: eft The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other a ers cis required by law or rules of court. S Commencement of Action: D Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: DAVID S. CHUBB T j Are money damages requested. El Yes Z No Dollar Amount Requested: 13 within arbitration limits 0 (Check one) © outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes Z No A Name of Plaintiff /Appellant's Attorney: Meredith Wooters, Esq., Id. No.307207, Phelan Halligan LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case 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. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander /Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T — j MASS TORT ❑ Other: 0 ❑ Asbestos — N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY n Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 0110112011 OFT HELPR0 HONOTARY 1013 APR -9 A"10 'CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 p Plaintiff, NO.: 2 / p �fJ 1/(I vs. ✓ DAVID S. CHUBB 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT MECHANICSBURG, PA 17055 -6071 Defendant. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, DAVID S. CHUBB, is an individual whose last known address isn 062 -PA -V3 � r� /fig Sys 3b 223 WOOLEY HOLLOW COURT UNIT 109, A/KlA 223 WOOLEY HOLLOW COURT, . MECHANICSBURG, PA 17055 -6071. 3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about December 23, 2008, DAVID S. CHUBB made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR SOVEREIGN BANK a Mortgage in the original principal amount of $156,033.00 on the premises described in the legal description marked Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 200840805. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded January 7, 2013, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201300533. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. DAVID S. CHUBB is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due November 1, 2012. 062 -PA -V3 8. As of 03/22/2013 the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 144,072.02 Interest 10/01/2012 Through 03/22/2013 $ 4,440.74 Late Charges $ 102.00 Property Inspections $ 30.00 Escrow Balance ($ 156.61) Suspense Balance ($653.15) TOTAL $ 147,835.00 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured. 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. 062 -PA -V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $ 147,835.00 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By. Date: 0 Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff 062 -PA -V3 Exhibit 66A" Multistate NOTE December 23, 2008 [Date] 223 Wooley Hollow Court, Unit 109 Mechanicsburg, PA 17055 [Property Address] I. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means Sovereign Bank and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of one Hundred Fifty Six Thousand Thirty Three And Zero /100 Dollars (U.S. $ 156,033.00 ), plus interest, to the order of Lender. Interest will he charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Six and one half percent( 6.500 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on February 01 , 2009 . Any principal and interest remaining on the first day of January 2039 , will be due on that date, which is called the "Maturity Date." ' (B) Place Payment shall be made at 1130 Berkshire Blvd., Wyomissing, PA 19610 by notice to Borrower. or at such place as Lender may designate in writing (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 986.24 This will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest amount other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ❑Graduated Payment Allonge ❑Growing Equity Allonge ❑Other [specify] vM? ® e e Fixed Rate Note . Wolters Kluwer Financial Services , • I S. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. VMV ® • Fixed Role Note Wolter. Klwor FinenWl swarm SECOND MORTGAGE NOTE Dated: DECEMBER 23, 2008 Property: 223 Wooley Hollow Court, Unit 109, Mechanicsburg PA 17055 1. BORROWER'S PROMISE TO PAY A. Purpose. The Loan evidenced by this Note is being made pursuant to the Federal Home Loan Bank Act, 12 U.S.C. 31421 et seq., and the Affordable Housing Program regulations issued thereunder, 12 C.F.R. Part 960 as well as the policies, procedures and guidelines on the Affordable Housing Program and the First Front Door Program of the Federal Home Loan Bank of Pittsburgh, as each may be amended from time to time. B. Parties. The "Lender" is Sovereign Bank, with its main office located at 1130 Berkshire Boulevard, Wyomissing, Pennsylvania 19610. The Lender or any authorized party who takes this Note by assignment and is entitled to receive amounts due under this Note is called the "Note Holder ". Anyone who signs this Note in a space so designated at the end of this Note is a "Borrower ". Unless the context otherwise requires, all Borrowers shall be collectively referred to as the Borrower or "I" in this Note. C. Payment and Forgiveness of Debt. Provided that I own the Property purchased in connection with the First Front Door Program for five (5) years or more and comply with the terms of the mortgage, deed or other legally enforceable retention agreement or mechanism executed in connection herewith, the entire amount of the Loan will be automatically and completely forgiven. The amounts due and payable under this Note shall be deferred until the sale, transfer or refinancing of the Property. No interest will be charged on the Loan. The principal amount of the Loan shall be forgiven at a rate of onetfifth (1 /5th) of the original principal balance of the Loan for each year the Property is not sold, transferred or refinanced. Such annual reductions shall take effect in arrears on the annual anniversary date of the Loan. The amount of the Loan due and payable at any time shall be determined after deducting the principal amount of the Loan which has been forgiven, shall be due and payable at Lender--s option in the event of the sale, transfer or refinancing of the Property if within five (5) years of the date of this Note. In the case of a sale or transfer of the Property prior to five (5) years of the date hereof, an amount equal to the unforgiven pro rata share of the principal amount hereof shall be paid to Lender from any net gain realized, after deduction for sales expense and the amount payable to any senior lender or lien holder, unless the subsequent purchaser is a low - or moderate - income household as defined by the Affordable Housing Program regulations, 12 C.F.R. Part 960. In the case of refinancing of the Property prior to five (5) years of the date hereof, an amount equal to the unforgiven pro rata share of the principal amount hereof shall be paid to Lender from any net gain realized upon refinancing, unless the Property continues to be subject to a deed restriction or other legally enforceable retention agreement or mechanism as defined by the Affordable Housing Program regulations, 12 C.F.R. Part 960. D. Subsidiary Repayment Obligation. In return for assistance I have received with respect to the purchase of the Property, I promise to pay U.S. Three Thousand Eight Hundred Seventeen Dollars and Eighteen Cents ($3,817.18) (this amount is called "Principal ") to the orderof Lender. Payment of Principal under this Note will be forgiven over time as stated in Paragraph I.E. E. Forgiveness of Principal. The outstanding principal balance of this Note shall reduce at a rate of one -fifth (1 /5) of the Principal per year at the anniversary date of the loan closing until the outstanding balance of the Note is reduced to zero. (2) This reduction shall begin on the first anniversary of loan closing and on each anniversary of closing thereafter. There shall be no pro - ration for partial years. (3) If the Borrower does not sell, transfer or refinance the Property, the Borrower will owe nothing on this Note at the end of five (5) years after the date of execution of this Note. 2. INTEREST No interest will be charged on this Note. 3. BORROWER'S RIGHT TO PREPAY At any time, if I am not in Default, I may make a full prepayment or partial prepayments without paying any prepayment or interest charge. In the event of prepayment, the Note Holder will use all of my prepayment to reduce the amount of Principal that 1 owe under this Note. 4. NOTICE OF DEFAULT. If I am in default, the Note Holder may send me a written notice stating the reason I am in Default and telling me to pay immediately the full amount of Principal then due on this Note. 5. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it to me or by mailing it by first class mai I to me at the Property Address above, or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Paragraph I .B., or at a different address, if I am given a notice of that different address. 6. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed from the proceeds of sale of the Property. Any person who is a guarantor, surety or endorser of this Note is also obligated to the same extent. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note, The Note'Holder may enforce its rights under this Note against each person individually or against all of us together. 7. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means my right to require the Note Holder formally to demand payment of amounts due. "Notice ofdishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 8. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Subordinate Mortgage, Deed of Trust or Security Deed (the "Subordinate Security Instrument "), dated the same date as this Note, secures this Note. The indebtedness evidenced by this Note is subordinate in all respects to the indebtedness evidenced by a note payable to a Senior Lien Holder, which note is secured by the following "Senior Lien ": First Mortgage Company: Sovereign Bank, its successors and/or assigns, as their Interests may appear The Subordinate Security Instrument describes the conditions under which I may be required to make immediate payment in full of all amounts I owe under this Note. Among other things, it provides that if the Property or any interest in it is voluntarily sold, transferred or refinanced, the Note Holder will require immediately payment in ful l of all sums secured by the Subordinate Security Instrument. In the event of such a sale, transfer or refinance, the Note Holder may give the Borrower Notice of default and acceleration under Paragraph 4 of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED WITNESS: �/— BORROW / DAV�IC HUB B BORROWER: BORROWER: BY SIGNING BELOW, Bo r epts and agrees to the terms and covenants contained in this Note. avid Chubb - Borrower (Sea] - Borrower (Seal) (Seal) - Borrower - Borrower (mil) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower -Borrower WITHOUT RECOURSE PAY TO THE ORDER OF LS FARGO BANK, .A. J J SO PIE EIGN BA O t A C SSL BANKING_" vMn ® w wl• Na• woller• Kluwer Fin•ncW Services / �+ I Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. 109 (the "Unit'), of Bumble Bee Hollow, a Planned Community, located in Upper Allen Township, Cumberland County, Pennsylvania, as designated in the Declaration Covenants, Condition, Restrictions and Easements for Bumble Bee Hollow, a Planned Community (hereinafter the "Declaration ") dated November 4, 2008 and recorded November 10, 2008 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania to Instrument No. 200836626 and as shown on a Declaration Plan recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania to Instrument No. 200836626. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herewith, pursuant to the Declaration and the Plat and Plans, as amended from time to time. BEING known as 223 Wooley Hollow Court, Mechanicsburg, PA 17055 Said Unit is a Buttercup type unit as depicted on the Plats and Plans. PROPERTY ADDRESS: 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055 -6071 PARCEL # 42 -11- 0276 - 172. -U109 File #: 318553 VERIFICATION Denise Goldston, hereby states that he&s Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he / 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 hisleinformation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Denise Goldston Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 04/02/2013 086 -PA -V2 File # 318553 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. DAVID S. CHUBB do Defendant(s) C ° --j NOTICE OF RESIDENTIAL MORTGAGE FORECL TR_� DIVERSION PROGRAM - cn° CC3 �G�7 You have been served with a foreclosure complaint that could cause you to lose your home. =p Z If you own and live in the residential property which is the subject of this foreclosure action, yyo*ayo aboo M. participate in a court- supervised conciliation conference in an effort to resolve this matter with your lendoK M` 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 financial 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 financial 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. Respectfully submitted: Date Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Date 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: M -- - — - - I Borrower name(s): Property Address: Cit State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: cit y: State: Zip: Phone Numbers: Home: Office: Email: Cell: Other: # of people in household: How long? 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: 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: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: I • Monthly Gross Monthly Net 2• Monthly Gross Monthly Net 3• Monthly Gross Monthly Net Additional Income Description (not wages): I • monthly amount: 2• monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT Ando/Neiizh. PENSE AMOUNT Mortgage od 2" Mortgage lities Car Payment(s) Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: 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): Phone: Servicing Company (Name): Contact: Phone: I /We' , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am/are under no obligation to use the 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 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 #: 318553 i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-Of `r lUr sheriff OF THE PROTHONOTAR Jody 5 SmithQiii+4n a!4 riat ra�� Chief Deputy 2013 APR 1$ PH 12: 52 Richard w Stewart CUMBERLAND COUNTY Solicitor 9rF,C2€FY K PENNSYLVANIA Wells Fargo Sank, N.A. M Case Number David S Chubb 2013-1840 SHERIFF'S RETURN OF SERVICE 04115/2013 03:42 PM-Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: David S Chubb at 223 Wooley Hollow Court Unit 109, Upper Allen, Mechanicsbur , PA 17055. S DUTY SHERIFF COST: $38.00 SO ANSWERS, April 16, 2013 . RONIV R ANDERSON, SHERIFF (c)GW nlyS610 SW4,Te@OStlN.loc. f- 0F'FIC"E Oar Ti-E P—RO T 1110N0TARY 2013 JUN 26 PH 2. 21 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff Vs Term DAVID S. CHUBB No. 2013-1840-Civil 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT Cumberland County MECHANICSBURG, PA 17055-6071 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A., Successor (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 April 9 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due November 1, 2012 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 April 15, 2013, Plaintiff completed service on Defendant of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 318553 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. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 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 HALLINAN, LLP Date: BY: C)m-'a4 PAU6 Utto se h . Scha k, Esquire ney for Plaintiff 318553 Exhibit A C� 1 x� � mac•,. PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Meredith Wooters,Esq.,Id.No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: 3 D vs. DAVID S. CHUBB 223 WOOLEY HOLLOW COURT UNIT 109, AWA 223 WOOLEY HOLLOW COURT MECHANICSBURG,PA 17055-6071 Defendant. CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK,N.A.,by its attorneys, Phelan Hallinan,LLP and files this Complaint in Mortgage Foreclosure as follows: i 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, DAVID S. CHUBB, is an individual whose last known address is 4TTQRI�IEY F1 ..E COP'1f ,;�;;;�,;��: '7 PLEASE RE1URN tr�� d�o ycY copy 062-PA-V3 l �'� NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so,the case may proceed without you, and a judgment may be entered against you by the Court without further.notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER.TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR 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 SERV.ICF,S TO E.LIGIBLF.,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 (71.7)249-3166 (800)990-9108 Filch: 318553 i 223 WOOLEY HOLLOW COURT UNTT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071. 3. WELLS .FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about December 23, 2008, DAVID S. CHUBB made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR SOVEREIGN BANK a Mortgage in the original principal amount of$156,033.00 on the premises described in the legal description marked. Exhibit "B", attached hereto and made a part hereof, Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 200840805. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from. its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded January 7, 2013, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201300533. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaint.iffTrorn its obligation to atl:a.ch documents to pleadings if those documents are of public record. 6. DAVID S. CHUBB is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due November 1, 2012. 062-PANS 8. As of 03/22/2013 the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 144,072.02 Interest 10/01/2012 Through 03/22/2013 $4,440.74 Late Charges $ 102.00 Property Inspections $ 30.00 Escrow Balance ($ 156.61) Suspense Balance ($653.15) TOTAL $ 1.47,835.00 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to,costs (including escrow advances) and Plaintiffs attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above arnount due and owing when.incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s), 1.0. This action does not come -under Act 91 of 1983 because the mortgage is FHA- insured. 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. 062-PA-V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$ 147,835.00 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Y� Date: l, �� Meredith Wooters, Esq., Id. No.307207 1 Attorney for Plaintiff 062-PA-V3 I��IrllIl�DIl� 6699 f Multistate NOTE 1 December 23, 2008 [Date] 223 Wooley Hollow Court, Unit 109 Mechanicsburg, PA 17055 (Property Address) 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means Sovereign Bank and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Fifty Six Thousand Thirty Three And Zero/100 Dollars(U.S. $ 156,033.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of six and one half percent( 6.500 %)per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the"Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on February 01 , 2009 . Any principal and interest remaining on the first day of Tanuary , 2039 , will be due on that date, which is called the"Maturity Date." (B) Place Payment shall be made at 1130 Berkshire Blvd. , Wyomissing, PA 19610 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $986.24 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note its if the allonge were a part of this Note. [Check applicable box] ❑Graduated Payment Allonge ❑Growing Equity Allonge ❑Other[specify] -- u ua n o rued Rofo Noto Wonis oan Kluwer Finenclal Services 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C)of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent( 4.000 %)of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent } default. In many circumstances regulations issued by the 'Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by BUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B)or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. FNA Mulliclala Ftxaa Rela Note , vMP p WRltate Kluwer Financial Service• SECOND MORTGAGE NOTE Dated: DECEMBER 23,2008 Property: 223 Wooley Hollow Court,Unit 109,Mechanicsburg PA 17055 I BORROWER'S PROMISE TO PAY A. Purpose. The Loan evidenced by this Note is being made pursuant to the Federal Home Loan Bank Act, 12 U.S.C.31421 et M.,and the Affordable I•Iousing Program regulations issued thereunder, 12 C.F.R. Part 960 as well as the policies, procedures and guidelines on the Affordable Housing Program and the First Front Door Program of the Federal Home Loan Bank of Pittsburgh,as each may be amended from time to time, B. Parties. The "Lender"is Sovereign Bank, with its main office located at 1130 Berkshire Boulevard,Wyomissing,Pennsylvania 19610. The Lender or any authorized party who takes this Note by assignment and is entitled to receive amounts due under this Note is called the "Note Holder". Anyone who signs this Note in a space so designated at the end of this Note is a "Borrower". Unless the context otherwise requires,all Borrowers shall be col lectivcly referred to as the Borrower or"I"in this Note. C. Payment and Forgiveness of Debt. Provided that I own the Property purchased in connection with the First Front Door Program for five(5)years or more and comply with the terms of the mortgage,deed or other legally enforceable retention agreement or mechanism executed in connection herewith,the entire amount of the Loan will be automatically and completely forgiven. The amount's due and payable under this Note shall be deferred until the sale,transfer or refinancing of the Property. No interest will be charged on the Loan. The principal amount of the Loan shall be forgiven at a rate of one/fifth(115th)of the original principal balance of the Loan for each year the Property is not sold,transferred or refinanced. Such annual reductions shall take effect in arrears on the annual anniversary date of the Loan. The amount of the Loan due and payable at any time shall be determined after deducting the principal amount of the Loan which has been forgiven,shall be due and payable at Lender--s option in the event of the sale,transfer or refinancing of the Property if within five(5)years of the date of this Note. in the case of a sale or transfer of the Property prior to five(5)years of the date hereof,an amount equal to the unforgiven pro rata share of the principal amount hereof shall be paid to Lender from any net gain realized,after deduction for sales expense and the amount payable to any senior lender Or lien holder,unless the subsequent purchaser is a low- or moderate-income household as defined by the Affordable Housing Program regulations,12 C.F.R. Part 960. In the case*of refinancing of the Property prior to five(5)years of the date hereof,an amount equal to the unforgiven pro rata share of the principal amount hereof shall be paid to Lender from any net gain realized upon refinancing,unless the Property continues to be subject to a deed restriction or other legally enforceable retention agreement or mechanism as defined by the Affordable Housing Program regulations, 12 C.F.R.Part 960. D. Subsidiary Repayment Obligation. In return for assistance I have received with respect to the purchase of the Property, I promise to pay U.S.Three Thousand Eight Hundred Seventeen Dollars and Eighteen Cents($3,917.18)(this amount is called"Principal")to the orderof Lender.Payment of Principal under this Note will be forgiven over time as stated in Paragraph I.E. E. Forgiveness of Principal. The outstanding principal balance of this Note shall reduce ata rate of one-fifth(115)of the Principal per year at the anniversary datc of the loan closing until the outstanding balance ofthe Note is reduced to zero. (2) This reduction shall begin on the first anniversary of loan closing and on each anniversary of closing thereafter. There shall be no pro-ration for partial years. (3) If the Borrower does not sell,transfer or refinance the Property,the Borrower wil I owe nothing on this Note at the end of five(5)years after the date of execution of this Note, 2. INTEREST No interest will be charged on this Note. 3. BORROWER'S RIGHT TO PREPAY At any time,if I am not in Default,I may make a full prepayment or partial prepayments without paying any prepayment or interest charge. In the event of prepayment,the Note Holder will use all of my prepayment to reduce the amount of Principal that 1 owe under this Note. 4. NOTICE OF DEFAULT. If I am in default,the Note Holder may send me a written notice ,stating the reason I am in Default and telling me to pay immediately the full amount of Principal then due on this Note. 5. GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by del ivering it to me or by mailing it by first class mai I to me at the Property Address above,or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Paragraph I.B.,or at a different address, if I am given a notice of that different address. 6. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed from the proceeds of sale of the Property. Any person who is a guarantor,surety or endorser of this Note is also obligated to the same extent. Any person who takes over these obligations, including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note. The Note'Holder may enforce its rights under this Note against each person individually or against all of us together. 7. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means my right to require the Note Holder formally to demand payment of amounts due. "Notice of dishonor"means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 8. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Subordinate Mortgage,Deed of Trust or Security Deed(the"Subordinate Security Instrument"),dated the same date as this Note,secures this Note. The indebtedness evidenced by this Note is subordinate in all respects to the indebtedness evidenced by a note payable to a Senior Lien Holder,which note is secured by the following"Senior Lien": First Mortgage Company:Sovereign Bank,its successors and/or assigns,as their Interests may appear The Subordinate Security Instrument describes the conditions under which I may be required to make immediate payment in full of all amounts I owe under this Note. Among other things,it provides that if the Property or any interest in it is voluntarily sold,transferred or refinanced,the Note Holder will require immediately payment in ful I of all sums secured by the Subordinate Security Instrument. In the event of such a sale,transfer or refinance,the Note Bolder may give the Borrower Notice of default and acceleration under Paragraph 4 of this Note. WITNESS THE HAND(S)AN�zD�SEAL(S)OF THE UNDERSIGNED WITNESS: �/f!!� 1301iROWI � ��r` J�y DAVID.. CHUBB BORROWER: BORROWER: • BY SIGNING DELMV, Borr l r pis and agrees to the terms and covenants contained in this Note. (Seal) (Seal) avid Chubb -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) •Borrower Borrower WITHOUT RECOURSE PAY TO THE ORDER OF LS FARGO BANK, . .A. 5Q sREIGN BAblK J ,IE A CT: S St EkY BANKING LCER .. ......... od Gale Note NMP p{f =.fiP o Kluwct Financial Services TG��TI„IlTl„Ilr1 66TiA1LD 49 1L llll lW U. LEGAL DESCRIPTION ALL THAT CERTAIN Unit,being Unit No. 109 (the "Unit"),of Bumble Bee Hollow, a Planned Community, located in Upper Allen Township, Cumberland County,Pennsylvania, as designated in the Declaration Covenants, Condition, Restrictions and Easements for Bumble Bee Hollow, a Planned Community (hereinafter the"Declaration")dated November 4, 2008 and recorded November 10, 2008 in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania to Instrument No. 200836626 and as shown on a Declaration Plan recorded in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania to Instrument No. 200836626. TOGETHER,with the right to use the Limited Common Elements applicable to the Unit being conveyed herewith, pursuant to the Declaration and the Plat and Plans, as amended from time to time. BEING known as 223 Wooley Hollow Court,Mechanicsburg,PA 17055 Said Unit is a Buttercup type unit as depicted on the Plats and Plans, PROPERTY ADDRESS: 223 WOOLEY HOLLOW COURT UNIT 109,A/K/A 223 WOOLEY HOLLOW COURT,MECHANICSBURG, PA 17055-6071 PARCEL#42-11-0276-172.-U109 Fite It: -11855 3 VERIFICATION Denise Goldston, hereby states that heCe)s Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter,that he/�ie rs 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 einfornaati`oii and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Denise Goldston Title:Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: 04/02/2013 086-PA-V2 Bile fl 318553 FORM I IN THE COURT OF COMMON PLEAS WELLS FARGO BANK,N.A, OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) vs. DAVID S.CHUBB Defendant(s) 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 a court-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 25 10 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 financial 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 ofille Foreclosure complaint. If you.do so and a conciliation conference is scheduled,you will have an opportunity to inect with a 1•cl)ITsentaLive of your lender in an attempt to work.out reasonable arrangements with your lender before the nlortgafle 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. I-lowever,you intist 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 fillancial worksheet in tile format attached hereto,your lawyer will prepare and file Request for concilinflon Conference with tile Court,Which Illust be riled within sixty(60)&lys of file service up(),,you of tile foreclosure complaint. if you do so anti a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in all 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. Respectfully submitted: Date Meredith Wooters,Esq.,Id. No,307207 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: CUSTOM ER/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑ Non Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yeso No 0 Mailing Address(if different): City: State: Zip: Phone Numbers: Home: _T f—1-c e: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip; Phone Numbers: Home: 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: Primary Reason for Default-. Is the loan in Bankruptcy? Yes❑ No ❑ If yes, provide names, location of court,case number&attorney: Assets Amoumt Owed: Value: Home: $ $ — Other Real Estate: $ $ Retirement Funds: $ $ — Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: _ Amount owed: Value: Automobile#2; Model: Year: Amount owed: Value: Other transportation (automobiles,boats, motorcycles): M.odel: Year: Amount owed: Value_ Monthly Income Name oi.'Employers: I 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: Monthl Ex enses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT I\�ort a c. Food 2„a MOrt a e Utilities Car P-ay.medt s Condo/Ncil h. Fees Auto Insurance Med. (not covered) Auto fiiel/t epairs _Other prop. a Went _ Install. Loan Payment Cable TV Child Sure ort/Alim. Spending Money Da /Child Care/Tuit. I Other Expenses _ Amount Available for Monthly Mortgage Payments Rased on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No ❑ if yes, please provide the following information: Counselor: Counseling Agency: Phone (Office): 1 ax; Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(BEMAP) 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 F-1 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): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION authorize the above named to use/refer this information to my lender/se'rvicer 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) Exhibit B i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff E �o�ca�n of�rrrrt6tr��fb Jody S Smith Chief L,7eputy - . Richard W Stewart Solicitor OFFICE Of'rH£SkERif f I t Wells Fargo Bank,N.A. Case Number vs. David S Chubb 2013.1840 SHERIFF'S RETURN OF SERVICE 04/15/2013 03:42 PM-Deputy Shawn Gutshall,being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit:David j S Chubb at 223 Wooley Hallow Court Unit 109, Upper Allen,Mechanicsbur , PA 19055. 11 I S ,VrPUTY I SHERIFF COST: $38.00 SO ANSWERS, April 16,2013 WONO R ANDERSON,SHERIFF I i 7 t i 1 i t te)CacrySutlo 515brtH,Tdeosmt Inc. PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 . Attorney for Plaintiff WELLS FARGO BANK,N.A. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff Term Vs No. 2013-1840-Civil DAVID S. CHUBB 223 WOOLEY HOLLOW COURT UNIT 109, Cumberland County A/K/A 223 WOOLEY HOLLOW COURT MECHANICSBURG, PA 17055-6071 Defendant 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 S. CHUBB 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT MECHANICSBURG, PA 17055-6071 Date: t3 B*ttoe Schalk, Esquire or Plai ntiff 318553 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA Cn � c C= WELLS FARGO BANK NAB � � , 3476 STATEVIEW BLVD FORT MILL SC 29715r r— PLAINTIFF NO. 13-1840 CIVIL V .�.. c C ;(T DAVID S. CHUBB, 223 WOLLEY HOLLOW CT UNIT 109 _ /K/A 223 WOLLEY HOLLOW CT . MECHANICSBURG PA 17055-6071 _ DEFENDANT PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of David S. Chubb, Defendant, in the above- captioned matter. Dated: July 9, 2013 Forest N. MyerA Esquire. Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717. 532.9_046 Fax 717.532.8879 e-mail fnmyers @lawofficeforestmyers.com S:\PCLAW DATA\DATA\PCLAWDOCS\ACTIVE\CHUBBDAVID-2196\MORTGAGE DIVERSION P-13-60-0507\PRAECIPE TO ENTER APPEARANCE-WF V CHUBB.DOC IN THE COURT OF COMMON PLEAS OF THE 9T" JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA WELLS FARGO BANK NA ' 3476 STATEVIEW BLVD ;T FORT MILL SC 29715 PLAINTIFF NO. 13-1840 CIVILc--' DAVID S. CHUBB, 'f 223 WOLLEY HOLLOW CT UNIT 109 /K/A 223 WOLLEY HOLLOW CT MECHANICSBURG PA 17055-6071 DEFENDANT REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 1" 2$ , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a"Notice of Residential Mortgage Foreclosure Diversion Program"and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. �}- —a—% -Zszs is Signature of Defe ant's Counsel/Appointed Date Legal Representative Signature of l6efendant Date IN THE COURT OF COMMON PLEAS OF THE 9T" JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA WELLS FARGO BANK NA 3476 STATEVIEW BLVD FORT MILL SC 29715 c d '' PLAINTIFF NO. 13-1840 CIVIL -rs:-K =M V t„r- _.. �c 6 { DAVID S. CHUBB, � C:)ter., �---- 223 WOLLEY HOLLOW CT UNIT 109 =C% o�' -- ,o �rn /K/A 223 WOLLEY HOLLOW CT � y MECHANICSBURG PA 17055-6071 DEFENDANT ANSWER TO MOTION TO LIFT CONCILIATION STAY Defendant, David S. Chubb, by his attorney, Forest N. Myers, Esquire, hereby files the within Answer to Motion to Lift Conciliation Stay, and in support thereof, answers as follows: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED. 5. ADMITTED. 6. DENIED. Defendant avers that he has attempted to opt in to the Mortgage Foreclosure Diversion Program. 7. DENIED. Defendant has requested participation in the Mortgage Foreclosure Diversion Program. WHEREFORE, Defendant respectfully requests your Honorable Court to deny the Motion to Lift the Conciliation Stay. Dated: July, , 2013 Forest . yers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717. 532.9046 Fax 717.532.8879 e-mail fnmyers @lawofficeforestmyers.com S:\PCLAW DATA\DATA\PCLAWDOCS\ACTIVE\CHUBBDAVID-2196\MORTGAGE DIVERSION P-1 3-60-0507\PRAECI PE TO ENTER APPEARANCE-WF V CHUBB.DOC I verify that the statements made in the foregoing Answer to Motion to Lift Conciliation Stay are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: 717 DAVITS.tfiubb, Defendant IN THE COURT OF COMMON PLEAS OF THE 9T" JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA WELLS FARGO BANK NA 3476 STATEVIEW BLVD FORT MILL SC 29715 PLAINTIFF/RESPONDENT NO. 13-1840 CIVIL V c �' `z3 r , co DAVID S. CHUBB, =M � 223 WOLLEY HOLLOW CT UNIT 109 cnr` -- /K/A 223 WOLLEY HOLLOW CT r� MECHANICSBURG PA 17055-6071 �° = �"�' �'c7 = C DEFENDANT/PETITIONER Z:CD , PETITION TO REINSTATE MATTER TO CUMBERLAND COUNTY RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM Now Comes the Defendant, by his attorney, Forest N Myers, and requests your Honorable Court to Reinstate this matter to the Cumberland County Residential Mortgage Foreclosure Diversion Program and in support thereof sets forth the following: 1. Your Petitioner is David Chubb who resides at 223 Wooley Hollow Court, Unit 109, Mechanicsburg, Cumberland County, Pennsylvania. 2. Petitioner is the owner.of a single family residence situate at 223 Wooley Hollow Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. The real estate located at 223 Wooley Hollow Court, Cumberland County, Pennsylvania, is subject to a mortgage given by Petitioner to Mortgage Electronic Recording Systems, Inc. as nominee for Sovereign Bank, dated December 23, 2008 and recorded among the records of the Office of Recorder of Deeds of Cumberland County, Pennsylvania as Instrument No. 200840805. 4. The above mortgage was assigned to Wells Fargo Bank, NA by instrument recorded among the records of the Recorder of Deeds of Cumberland County, Pennsylvania as Instrument No. 201300533. 5. Petitioner is in default of the said mortgage. 6. Respondent, Wells Fargo Bank NA instituted an Action in Mortgage Foreclosure on April 9, 2013 at the above Court and Case Number. 7. Petitioner entered the Mortgage Diversion Program and completed credit counseling. 8. Counsel was notified of his appointment on April 23, 2013. 9. Counsel for Petitioner has met with Petitioner but did not enter his appearance immediately. 10. Petitioner was notified of Respondent's Motion to Lift Conciliation Stay on or about July 1, 2013 and has not received your Honorable Court's Order granting the Respondent's Motion but Petitioner's Counsel was notified that an Order was entered in by email correspondence and a telephone conference with Respondent's Counsel,Joseph Schalk, Esq. on July 18, 2013. 11. Respondent's Counsel takes no position with respect to your Court's granting Petitioner's request. 12. Respondent will not be prejudiced by the granting of this Petition since the subject real estate is not currently listed for Sheriff's Sale and the date the property may be listed for sale is September 4, 2013 for the sale taking place December 4, 2013. 13. The interest of justice and the purpose of the Cumberland County Residential Mortgage Foreclosure Program will be served by the granting of Petitioner's request. WHEREFORE, Petitioner prays your Honorable Court to enter its Order Reinstating the Conciliation Stay and returning this Action in Mortgage Foreclosure to the diversion program. Dated:July 18, 2013 T� Forest N. Myers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717. 532.9046 Fax 717.532.8879 e-mail fnmyers @lawofficeforestmyers.com IN THE COURT OF COMMON PLEAS OF THE 9T" JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA WELLS FARGO BANK NA 3476 STATEVIEW BLVD FORT MILL SC 29715 c PLAINTIFF/RESPONDENT NO. 13-1840 CIVILm V rr—; _4 w c::? , - CD DAVID S. CHUBB, ' .°==' 223 WOLLEY HOLLOW CT UNIT 1. 09 /K/A 223 WOLLEY HOLLOW CT MECHANICSBURG PA 17055-6071 DEFENDANT/PETITIONER CERTIFICATE OF SERVICE I, Forest N. Myers, Esquire, certify that a true and correct copy of the Petition to Reinstate Matter was served by depositing the same in the United States Mail, First Class, postage prepaid, at Shippensburg, Pennsylvania, on the 23rd day of July, 2013, on the following: Joseph P. Schalk, Esq. Phelan Hallinan LLP 126 Locust St Harrisburg PA 17101 Forest N. yers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717. 532.9046 Fax 717.532.8879 e-mail fnmyers lawofficeforestmyers.com S:\PCLAW DATA\DATA\PCLAW DOCS\ACTIVE\CH UBBDAVID-2196\MORTGAGE DIVERSION P-13-60-0507\CERT SVC-CHUBB MTG FORECL DIV.DOC WELLS FARGO BANK,NA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVA� M VS. CIVIL ACTION NO. 13-1840 CIVIL DAVID S. CHUBB, Defendant CASE MANAGEMENT ORDER AND NOW,this day of July, 2013,the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on 51-1-61-3 , at A, 3 0 m. in Chambers 4&4LZ/MA No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least.twenty-one(21) days prior to the date of the Conciliation Conference,the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2)which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court,the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference,the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement;paying off the mortgage;proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage;paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, Kevin . Hess, P.J. /Meredith Wooters, Esquire Phelan Hallinan LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 For the Plaintiff �3 Xorest N. Myers, Esquire � a 137 Park Place West n Shippensburg, PA 17257 0 For the Defendants :rlm WELLS FARGO BANK,NA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 13-1840 CIVIL DAVID S. CHUBB, Defendant. ORDER AND NOW, this ,-' day of September, 2013, following conciliation conference, our order of June 27, 2013, removing this matter from the Cumberland County Residential Mortgage Foreclosure Diversion Program is VACATED. BY THE COURT, Kevi . Hess, P. J. D. Troy Sellars, Esquire For the Plaintiff Forest N. Myers, Esquire For the Defendant Arn I es r :;o -b CD J tea ; WELLS FARGO BANK, NA, IN THE COURT OF COMMON PLEAS OF Plaintiff. CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION NO. 13-1840 CIVIL DAVID S. CHUBB, Defendant IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held September 5, 2013, were D. Troy Sellars, Esquire, attorney for the plaintiff; Forest N. Myers, Esquire, attorney for the defendant; and David S. Chubb, the homeowner. It appears that further documents are required by the bank in order to accomplish its review. Accordingly, both parties are agreeable to a continuation of the conference. ORDER AND NOW, this 5' day of September, 2013, a continued conciliation conference is set for Thursday,October 24, 2013, at 4:00 p.m. in Chambers of the undersigned. BY THE COURT, Kevin . Hess, P. J. " ll. Troy Sellars, Esquire For the Plaintiff 'Forest N. Myers, Esquire C-'; For the Defendant C= =; rn Co cn :rlm g ) /i3 R WELLS FARGO BANK,NA, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • CIVIL ACTION • NO. 13-1840 CIVIL DAVID S. CHUBB, • Defendant • IN RE: CONCILIATION CONFERENCE ORDER AND NOW,this 2 q' day of October, 2013, this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversionary Program, and it is further ordered and decreed that the automatic stay is lifted and plaintiff may proceed with its mortgage foreclosure action. BY THE COURT, /0/__ Kevin . ess, P. J. XD. Troy Sellars, Esquire For the Plaintiff Forest N. Myers, Esquire For the Defendant :rim 'O O� 1(3 1 +' 3 YV1 v�T a.:. �. c: PHELAN HALLINAN, LLP , �^ _3 ,'`I Attorney for Plaintiff Jonathan Lobb, Esq., Id.No.312174 1617 JFK Boulevard, Suite 1400 ,,ti,.t;EF{l.rii D, U1 One Penn Center Plaza Y' �lr Philadelphia,PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. CIVIL DIVISION DAVID S. CHUBB : No. 13-1840-CIVIL 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 Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAVID S. CHUBB is over 18 years of age and resides at 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date /7-/> /la Phe/Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 812311 Department of Defense Manpower Data Center Results asef:De°flz-20,3°5:26:`6 SCRA 3.0 ' d'1J � ty Status Report Pursuant to Servieemembers Civil Relief Act Last Name: CHUBB First Name: DAVID Middle Name: S Active Duty Status As Of: Dec-02-2013 _... „an Active Duty Dn Active Duty Status Date '.. _ :, ~ Active Duty Start pate x Active Duty End Date � v Service Demponen .yap..- ., <. ,,,i,yy NA NA i NA This response retleptSteindividuals'active duty statua,based on the`'' five Di$y-Status Date Left Active Duty Within 367 Days of Active Dtdy State Active Duty Start Date Active Duty End Date Status Service Component NA 'NA ._. No 1,51; NA This response reflects where.itte individual left active duty stafuswilHan X367,days preceding the m ,'x ty Status Date , .The Member or His/Her Unit Was Notified of a Future Call-Up,to Active Duty an Active Duty Meta* • at i Start Date. Order Notti rn End Date Status Service Component NA iJA Ne NA This response reflects whether the'individual or his/her unit has received eaftynotificafion to report 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. fiwtYA / r p.1 - r Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 F iLE0-0F F K-1'E' PHELAN HALLINAN, LLP �i i` I'H E P 0 T H 0 N 0 T A R Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 140011 3 DEC -a AM 11: it 6 One Penn Center Plaza CUMBERLAND BERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS DAVID S. CHUBB CIVIL DIVISION No. 13-1840-CIVIL 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 S. CHUBB, 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 $147,835.00 TOTAL $147,835.00 I hereby certify that (1)the Defendant's last known address is 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071, and (2)that notice has been given in accordance with Rule Pa.R.C.P 237/.1. Date �f�'} ��V G✓ Adam H. Davis, Esq., Id. No.20 34 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. � DATE: Ja PH a 812311 PROTHONOTARY lob.SON up# P 812311 9 g89Fs lyo hu fflejej PHELAN HALLiNAN, LLP Attorney for Plaintiff 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 WELLS FARGO BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION DAVID S. CHUBB No. 13-1840-CIVIL 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 Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAVID S. CHUBB is over 18 years of age and resides at 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 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 812311 + Department of Defense Manpower Data Center Results as o1:Dec-04-2013 11:41:38 SCRA 3.0 Furst to S ery cememb en Civil Relief Act Last Name: CHUBB First Name: DAVID Middle Name: S Active Duty Status As Of: Dec-04-2013 On Active Duty On Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA NA r j-�'!? `.1 _ _ ..,,1 R4 NA This response reflects the iridividua s active duty adios based on the Active Duly Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date a Status Service Component NA jNA NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date 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 Notification End Date Status Service Component NA 'R NA.: ` ",.,;. e- ,'! ,sNO r NA This response reflects whether the individual oChWher unit h received.eady notification'to report 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. imp d, )1144,— 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 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS DAVID S. CHUBB CIVIL DIVISION No. 13-1840-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By 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 A TTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFOR CEMENT OF LIEN AGAINST PROPERTY.** 812311 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. DAVID S.CHUBB NO. 13-1840-CIVIL Defendant(s) CUMBERLAND COUNTY TO: DAVID S.CHUBB 223 WOOLEY HOLLOW COURT UNIT 109 A/K/A 223 WOOLEY HOLLOW COURT MECHANICSBURG,PA 1J7055-6071 DATE OF NOTICE:. . ....::1 �. St.13 _ _ 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. f IMPORTANT NOTICE. .j YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 1 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 f (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:' Chrisovalante P.Fliakos,Esq.,Id.No.94620 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#812311 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V4 DAVID S.CHUBB NO. 13-1840-CIVIL Defendant(s) CUMBERLAND COUNTY TOt DAVID S.CHUBB CIO FOREST N.MYERS,ESQUIRE 137 PARK PLACE WEST SHIPPENSBURG,PA 17257 DATE OF NOTICE: 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: Chrisovalante P.Fliakos,Esq.,Id.No.94620 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-1840-CIVIL DAVID S. CHUBB Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $147,835.00 Interest from 12/07/2013 to Date of Sale $2,332.80 ($24.30 per diem) TOTAL $150,167.80 Z5�2� )V_�C4 --- Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH# 812311 -V 3�. 0 Cl3F - r<; 1p� `? S �` u ry _ M^+� CD C) �= CH C- ` e ., 937/ 36 CQq V , ZVO/ aab b < I CD CD CD Z O °z � o z 07 a > N a d C cn 0 x `° COxb7 � m r CD v x 0 w > O � otr" 0 CD o C) 'A CD O C 0 LEGAL DESCRIPTION ALL THAT CERTAIN Unit,being Unit No. 109(the'Unit'), of Bumble Bee Hollow, a Planned Community, located in Upper Allen Township, Cumberland County,Pennsylvania,as designated in the Declaration Covenants, Condition,Restrictions and Easements for Bumble Bee Hollow,a Planned Community (hereinafter the'Declaration')dated November 4, 2008 and recorded November 10,2008 in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania to Instrument No.20083 6626 and as shown on a Declaration Plan recorded in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania to Instrument No.200836626. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herewith,pursuant to the Declaration and the Plat and Plans,as amended from time to time. Said Unit is a Buttercup type unit as depicted on the Plats and Plans. TITLE TO SAID PREMISES IS VESTED IN David S. Chubb, a single man,by Deed from Bumble Bee Hollow Limited, a Pennsylvania Limited Partnership,dated 12/23/2008, recorded 12/30/2008 in Instrument Number 200840804. PREMISES BEING:223 WOOLEY HOLLOW COURT UNIT 109,A/K/A 223 WOOLEY HOLLOW COURT,MECHANICSBURG,PA 17055-6071 PARCEL NO. 42-11-0276-172.-U109 PHELAN HALLINAN, LLP _ Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 _ 'L E °U F F I C�. 1617 JFK Boulevard, Suite 1400 •°' n'`'- j �1 �V« L'f One Penn Center Plaza 2213 DEC _5 AMC ' 20 Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com C UMBERLANO COUNTY 215-563-7000 PENNSYLVANIA WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff . CIVIL DIVISION V. NO.: 13-1840-CIVIL DAVID S. CHUBB . Defendant(s) CUMBERLAND COUNTY 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 of Act 91 because: (X) 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 WELLS FA:RGO BANK,N.A. _. ,.. 11, Q COURT OF COMMON PLEAS Plaintif y;�.. •f, ; E'11A''� 4: +� CIVIL DIVISION V. � �' NO.: 13-1840-CIVIL DAVID S. CHUBB �ir�l'" �SYLVA� A � � Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,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 223 WOOLEY HOLLOW COURT UNIT 109,A/K/A 223 WOOLEY HOLLOW COURT,MECHANICSBURG,PA 17055-6071. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) DAVID S.CHUBB 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG,PA 17055-6071 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) DAVID S.CHUBB 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT MECHANICSBURG,PA 17055-6071 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) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) SOVEREIGN BANK 1130 BERKSHIRE BOULEVARD WYOMISSING,PA 19610 SOVEREIGN BANK 601 PENN STREET READING,PA 19601 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. PH# 812311 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) BUMBLE BEE HOLLOW HOMEOWNERS 225 NORTH PRESIDENTIAL AVENUE ASSOCIATION BALA CYNWYD,PA 19004 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 223 WOOLEY HOLLOW COURT UNIT 109 A/K/A 223 WOOLEY HOLLOW COURT MECHANICSBURG,PA 17055-6071 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 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING DAVID S. CHUBB 137 PARK PLACE WEST C/O FOREST N.MYERS,ESQUIRE SHIPPENSBURG,PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. 1 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: T// V By: ✓s'LG ydo-vol-'*I 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 PH# 812311 WELLS FARGO BANK N.A. ` }` ((�}} "��yy COURT OF COMMON PLEAS P' C -a ;� �iitiff CIVIL DIVISION cUN�BE LAA o C©UN- vs. PCP��dSY�.VAt>�IA � N0.: 13-1840-CIVIL DAVID S. CHUBB . Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID S. CHUBB 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT MECHANICSBURG, PA 17055-6071 "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 223 WOOLEY HOLLOW COURT UNIT 109,A/K/A 223 WOOLEY HOLLOW COURT,MECHANICSBURG, PA 17055-6071 is scheduled to be sold at the Sheriff s Sale on 03/12/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$147,835.00 obtained by WELLS FARGO BANK,N.A. (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 Sheriffs 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 Sheriffs 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. 13-1840-CIVIL WELLS FARGO BANK, N.A. V. DAVID S. CHUBB owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 223 WOOLEY HOLLOW COURT UNIT 109,A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071 Parcel No. 42-11-0276-172.-U109 , (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $147,835.00 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN Unit,being Unit No. 109(the'Unit'), of Bumble Bee Hollow,a Planned.Community, located in Upper Allen Township,Cumberland County,Pennsylvania, as designated in the Declaration Covenants, Condition,Restrictions and Easements for Bumble Bee Hollow,a Planned Community (hereinafter the'Declaration')dated November 4,2008 and recorded November 10,2008 in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania to Instrument No. 200836626 and as shown on a Declaration Plan recorded in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania to Instrument No.200836626. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herewith,pursuant to the Declaration and the Plat and Plans,as amended from time to time. Said Unit is a Buttercup type unit as depicted on the Plats and Plans. TITLE TO SAID PREMISES IS VESTED IN David S. Chubb, a single man, by Deed from Bumble Bee Hollow Limited, a Pennsylvania Limited Partnership, dated 12/23/2008, recorded 12/30/2008 in Instrument Number 200840804. PREMISES BEING: 223 WOOLEY HOLLOW COURT UNIT 109,A/K/A 223 WOOLEY HOLLOW COURT,M ECHANICSBURG,PA 17055-6071 PARCEL NO. 42-11-0276-172:U109 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-1840 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK,N.A.Plaintiff(s) From DAVID S. CHUBB (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: $147,835.00 L.L.: $.50 Interest FROM 12/07/2013 TO DATE OF SALE($24.30 PER DIEM)-$2,322.80 Atty's Comm: Due Prothy: $2.25 Atty Paid: $186.75 Other Costs: Plaintiff Paid: Date: 12/5/2013 David ue rothonot (Seal) By: 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 ?OA JAN -S PH !: C7 CUP i @YtD LVA� OgNry Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County DAVID S. CHUBB • No.: 13-1840-CIVIL • Defendant 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. Plaintiff commenced this foreclosure action by filing a Complaint on April 9, 2013. 2. Judgment was entered on December 5, 2013 in the amount of$147,835.00. 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 812311 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 March 12, 2014. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $144,072.02 Interest Through January 7, 2014 $12,486.24 Late Charges $102.00 Legal fees $2,475.00 Cost of Suit and Title $686.75 Property Inspections $90.00 Mortgage Insurance Premium/Private Mortgage Insurance $132.70 Non Sufficient Funds Charge $100.00 Escrow Deficit $2,118.47 TOTAL $162,263.18 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. 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 Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief 9. 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 December 26, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 812311 10. No judge has previously entered a ruling in this case. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: I/7//q By: John D. ohn, Esquire ATTORNEY FOR PLAINTIFF 812311 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff • Civil Division • v. • CUMBERLAND County • DAVID S. CHUBB • No.: 13-1840-CIVIL • Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES L BACKGROUND OF CASE DAVID S. CHUBB 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 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071. 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. 812311 In the instant case, Defendant 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. 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 Defendant 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 812311 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 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 Defendant 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 Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 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 has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 812311 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 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 Defendant 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 Sheriffs 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 812311 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. 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 812311 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. 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 Sheriffs 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 Sheriffs 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. 812311 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. 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 812311 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 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. 812311 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: I/} I114 By: John D. Kr , Esquire Attorney for Plaintiff 812311 Exhibit "A" 812311 • -13-43V" Z ti�pRO��CN©jA PHELAN HALLINAN, LLP U r 5 a��1: 1E. Attorney for Plaintiff Adam H. Davis,Esq., Id. No.2030iitO ,C 1617 JFK Boulevard, Suite 1400 LL LAND COUP One Penn Center Plaza Cu P V- S` L41\ Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS DAVID S.CHUBB Ap feu NCIVIL DIVISION -co }3-1840-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Att° r na Kindly enter judgment in favor ofe y.•.'; ainst DAVID S.CHUBB, Defendant(s)for failure to file an Answer to Pr■ff ,r. • •mplaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiffs damages as follows: As set forth in Complaint $147,835.00 TOTAL $147,835.00 I hereby certify that(1)the Defendant's last known address is 223 WOOLEY HOLLOW COURT UNIT 109,A/K/A 223 WOOLEY HOLLOW COURT,MECHANICSBURG,PA 17055-6071,and(2)that notice has been gi in accordance with Rule Pa.R.C.P 237.1. Date *10,0,, UOteitti-Ot.t.f,Xdt. ; • is H.Davis, Esq.,Id.No.2 4 A • ey for Plaintiff DAMAGES ARE BY ASSESSED AS INDICATED. DATE: Si 13 • PH#812311 PROTHONOTARY 812311 • Exhibit "B" 812311 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania December 26th, 2013 FOREST N. MYERS,ESQUIRE 137 PARK PLACE WEST SHIPPENSBURG,PA 17257 RE: WELLS FARGO BANK,N.A. v. DAVID S. CHUBB Premises Address: 223 WOOLEY HOLLOW COURT UNIT 109A/K/A 223 WOOLEY HOLLOW COURT MECHANICSBURG, PA 17055 CUMBERLAND County CCP,No. 13-1840-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 1/2/2014. Should you have further questions or concerns,please do not hesitate to contact me. please be guided accordingly. Very truly yours, John D. Krohn, .sq., Id.No.312244 Attorney for Plaintiff Enclosure 812311 ,■ a"r fir; 4 0 0 O liii i9 311 114. ..: . 'G. ! . .'•: 4.,' /A k SI ti • ' w ,, t :1 :"' Ern P A wr cc a tv so E 11 4ail 44 ''-.E Ill o . Q rg E . ZPS 4 11. 3 o,p ?7, 40$ �2 • � 2 � Al (v - r. 1 t .. .'..�.,,.. .,. ,,. ' ,.,;.1.; yr■ f '1'7..g'...144:,-..t.S ' »....5 r a �.�... r t " ' a sat vt"y E fr . i•I� � y x ' •7..i..-.;sb.�.s f. «.t »tt r 3r ,t.Y ..." ' r .. � �N, n. -- d,wF= s. Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff . • Civil Division v. . • CUMBERLAND County DAVID S. CHUBB . •: No.: 13-1840-CIVIL Defendant . 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 individual on the date indicated below. FOREST N. MYERS,ESQUIRE 137 PARK PLACE WEST SHIPPENSBURG, PA 17257 Phelan Hallinan, LLP DATE: //7 f/Y By: _ John D. Kr , Esquire ATTORN Y FOR PLAINTIFF 812311 ^r {c A ' rr' ! l .. , -1 ;L C -I t l ) it f..4t%11 }=t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff • Civil Division • v. • CUMBERLAND County DAVID S. CHUBB • No.: 13-1840-CIVIL • Defendant RULE AND NOW, this / day of C.....41 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to 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 T FE COURT J. 1.ES PZ2.1(EL 444.1 ": ftlyettz 812311 1 f John D.Krohn,Esq.,Id.No.312244 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215) 563-3459 FOREST N. MYERS, ESQUIRE 137 PARK PLACE WEST SHIPPENSBURG, PA 17257 812311 812311 jAjj 21 rHONO TA /0. PEA S YLVq IA t` Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County DAVID S. CHUBB No.: 13-1840-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 14, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. FOREST N. MYERS, ESQUIRE 137 PARK PLACE WEST SHIPPENSBURG, PA 17257 Phelan Hallinan, LLP DATE: i l/Z I/y By: Q41-- John D. I •ohn, Esq., Id.No.312244 Attorney for Plaintiff 812311 Cf 2'12 FEB -6 IN 1Q: 24 c um7 RL ,: rtNNSYLVA�I 'iTY Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County DAVID S. CHUBB • • No.: 13-1840-CIVIL Defendant • MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on January 8, 2014. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 26, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 812311 3. A Rule was issued by the Honorable Kevin A. Hess on January 14, 2014 directing the Defendant to show cause by February 3, 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 B. 4. The Rule to Show Cause was timely served upon all parties on January 17, 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 C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 3, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phel.. alli an, LLP t/( DATE: 2f J v By: aJ Jonat r . Etkowicz,Esq., Id.No.208786 Atto ey for Plaintiff 812311 • Exhibit "A" 812311 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 December 26th,2013 FOREST N. MYERS,ESQUIRE 137 PARK PLACE WEST SHIPPENSBURG,PA 17257 RE: WELLS FARGO BANK,N.A. v.DAVID S. CHUBB Premises Address: 223 WOOLEY HOLLOW COURT UNIT 1.09A/K/A 223 WOOLEY HOLLOW COURT MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 13-1840-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 1/2/2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours2t.No.312244 John D. Krohn, Attorney for Plaintiff Enclosure 812311 KTI CI A....Aol_ ..ter• ' ` AANita 03JbiSOd'S . 9 .,,1-s' C IA g 431 Pit try ., 1 N PO It LL HE a I d o E f li c e W o a ,1 l § i. ! . . � —• .ryFv� 14.1a - 0 no a5' W...3 Via ° V tj t° a x < 2 .. m0. - C70. Z 00 t--.4 1 . 0 N JO c am, .a t—" :: 1 u. :'. +�3 . s' a- E ..*x+ki• " '.� R . '',.!'"'L i E t 4,=,,.s. k 0p 0.iA n r , .; , i "�'; , r sY � . r 4. 3.t x r . 3 i. � f { a IY. ..s.' ::'':i y » :ps. n ,Jts..t4....."4,•••,,-..:-...,.. .; .. F .. o� 2 s..Br r... r :, ?;m ..«, ..«�:ff3..s.t SY. ..<,: . f _ .. w �,m ... » .. •' • Exhibit "B" • 812311 NI PEliNSYLVAN1;\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County DAVID S. CHUBB No.: 13-1840-CIVIL Defendant RULE AND NOW,this /, day 2014, a Rule is entered upon the Defendant to show cause why an Order should not be ealred granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT ..14. I J. 812311 John D.Krohn,Esq.,Id.No.312244 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 FOREST N. MYERS, ESQUIRE 137 PARK PLACE WEST SHIPPENSBURG,PA 17257 812311 812311 Exhibit "C" ANN21 PENNSYLV A NIA Phelan Hallinan, LLP John D. Krohn,Esq.,Id.No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. Court of Common F � I Plaintiff Civil Division vs,. CUMBERLAND County DAVID S. CHUBB �1 No.: 13-1840-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 14,2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. FOREST N. MYERS,ESQUIRE 137 PARK PLACE WEST SHIPPENSBURG,PA 17257 Phelan Hallinan, LLP DATE: ` — By: John D. '` oln,Esq.,Id.No.312244 Attorney for Plaintiff 812311 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • DAVID S. CHUBB • No.: 13-1840-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. FOREST N. MYERS,ESQUIRE 137 PARK PLACE WEST SHIPPENSBURG, PA 17257 Phel. al '•an, LLP DATE: t By: Jona IF M. Etkowicz,Esq., Id. No.208786 Atto -y for Plaintiff 812311 ‘ 1 I:2:1,'PHELAN HALLINAN, LLP , r ; . Attorney for Plaintiff ` ' ,' ��;; One Penn Center Plaza '~ ;` t�'�'t) ,� 1617 JFK Boulevard, Suite 1400 p � YLO UN'T Philadelphia, PA 19103 john.krohn @phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A. • • CUMBERLAND COUNTY Plaintiff • COURT OF COMMON PLEAS v. • CIVIL DIVISION DAVID S. CHUBB • NO. 13-1840-CIVIL Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff,by its counsel, Phelan Hallinan, LLP,petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, DAVID S. CHUBB,by certified mail and regular mail to DAVID S. CHUBB at 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071 and posting 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for March 12, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. ' 3. Attempts to serve Defendant, DAVID S. CHUBB, with the Notice of Sale at the mortgaged premises, 223 WOOLEY HOLLOW COURT UNIT 109, AIK/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service made as the property is vacant. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of January 28, 2014, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on January 31, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs January 31, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, DAVID S. CHUBB, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to DAVID S. CHUBB at 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071 and posting 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071 and by publication. Phelan Hallinan LLP DATE: 2/It '4 By: John D. ohn, Esquire Bar ID No: 312244 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 john.krohn@phelanhallinan.com 215-563-7000 • WELLS FARGO BANK,N.A. • CUMBERLAND COUNTY Plaintiff • COURT OF COMMON PLEAS • v. CIVIL DIVISION • DAVID S. CHUBB • NO. 13-1840-CIVIL • Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph(A) or (B),the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment,the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, DAVID S. CHUBB, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and(3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A",the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to DAVID S. CHUBB at 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071 and posting 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hallinan, LLP DATE: *thy By: John D. Kr , Esq., Id.No.312244 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 john.krohn@phelanhallinan.com 215-563-7000 • WELLS FARGO BANK,N.A. • CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS • v. CIVIL DIVISION DAVID S. CHUBB NO. 13-1840-CIVIL Defendant CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. DAVID S. CHUBB 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071 Phelan Hallinan, LLP DATE: 2////!N By: John D. Kr , Esq., Id.No.312244 Attorney for Plaintiff • EXHIBIT “A99 812311 • AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#812311 DEFENDANT SERVICE TEAM/lab DAVID S.CHUBB COURT NO.:13-1840-CIVIL SERVE DAVID S.CHUBB AT: TYPE OF ACTION 223 WOOLEY HOLLOW COURT UNIT 109 XX Notice of Sheriff's Sale A/K/A 223 WOOLEY HOLLOW COURT SALE DATE: March 12,2014 MECHANICSBURG,PA 17055-6071 SERVED Served and made known to DAVID S.CHUBB,Defendant on the day of ,20_,at ,o'clock_.M.,at ,in the manner described below: Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is, . _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which 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. Description: Age Height Weight Race Sex Other I, 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 unworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: VED o On the I` day of�� ,20�,at�.�clock .M.,I,,��' 17e1C-4Y,a competent adult hereby state tl;ac I3rendant NOFPUND 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 unswom falsification to authorities. BY�e! ' `^ ""•�_ PRINTED NAME: `^�'�O ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 !� EXHIBIT "B " AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 812311 Attorney Firm: Phelan Hallinan,LLP Subject: David S. Chubb Current Address: 223 Wooley Hollow Court,Mechanicsburg,PA 17055 Property Address: 223 Wooley Hollow Court Unit 109, A/K/A 223 Wooley Hollow Court Mechanicsburg,PA 17055 Mailing Address: 223 Wooley Hollow Court,Mechanicsburg,PA 17055 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct David S. Chubb-xxx-xx-3764 B. EMPLOYMENT SEARCI 1 David S. Chubb- A review of the credit reporting agencies provided no employment information. C, INQUIRY OF CREDITORS Our inquiry of creditors indicated that David S. Chubb reside(s) at: 223 Wooley Hollow Court 109,Mechanicsburg,PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that David S. . Chubb reside(s) at:223 Wooley Hollow Court,Mechanicsburg,PA 17055. On 01-0244 our office made a telephone call to the subject's phone number (717) 766-7272 and received the following information: spoke with.David S. Chubb who confirmed that he reside(s) at:223 Wooley Hollow Court,Mechanicsburg, PA 17055. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-02-14 we reviewed the National Address database and found the following information:David S.Chubb-223 Wooley Hollow Court 109,Mechanicsburg,PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. IV. OTHER INQUIRIES A. DEATH RECORDS As of 01-02-14 Vital Records and all public databases have no death record on file for David S. Chubb. V. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH David S. Chubb-1971 *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I 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 unsworn falsification to authorities. }fie It --� The above information is obtained from available public records and we are only liable 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 E-mail lily.hainey @phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania January 31,2014 DAVID S. CHUBB 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT MECHANICSBURG, PA 17055-6071 RE: WELLS FARGO BANK,N.A. v. DAVID S. CHUBB Premises Address: 223 WOOLEY HOLLOW COURT UNIT 109,A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG,PA 17055-6071 CUMBERLAND County,No. 13-1840-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by 2/7/2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan,LLP 812311 * 'III x xp. . 0 a M ri n . AVVv2 ;105 ;1 a g o M n co 0i w B y ,., r n G• co 0 5 . `n Oro � � `r° Q- b . N � � r - ow * to › C . , — v b C 0 G . °o o i " '71 o td on -4 �? "" � 4 3 d °o 0., o ...3 a fo X X gi x A b x -; 7"- -'x.Q n tao V '1 -?8 N N a,_.a g �. 0 ;fig- ^.a N .o 0 a M M� q o N 2 a.,M w ..d t:Si n d k°oa m p N o p ° tea' . o a 0 IO 0 - -' 5 p'y w . w ~ at K a p, .<,:s,, 7 =a N 1� 3 .f.o. t.�aw 5 ii 3'..-•t 1 &9 b o1 (iI O C 0 i a P• u,a N N d .f ' _ ;i U.S.POSTAGE)•PITNEY BOWES _,....i._. ".: 04 .11P-7.1.=,,,,,- 111MIIIINNIN Ammur =g �� ZIP 19103 001.790 V 1.790 02 1YI 7R• +- ' ' • 0001381191 JAN 31 2014 oo .-- t,-) W -- f 0 ?.01 FED 12 411110: 55 PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq., Id. No.2030 �PENM COW UY 1617 JFK Boulevard, Suite 1400 " S Yj V NIA One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION DAVID S. CHUBB Defendant(s) No.: 13-1840-CIVIL 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". Adam H.Davis,Esq.,Id.No.203034 �J /� '�� Attorney for Plaintiff Date: (.' IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#812311 ilGOZ LG NVCGBGGO£LO00 #, /�/� +UG 017E"9OQ £OL1G dIZ ZO --- . � NIB III - '��/a�i�• ` � p �9 a .. ?.6`f3 UM08 A3Nild<< lod S, w E - E ° " ° ° In t() tf! U'+ G G U C .Z fP, H3' 6Ft EA (A brj a O u EO � -o m � C H = o x E x ' c u) E•o y F s ° ` w C E C O a ° Q ate• °o E N N a$ vggg) M CO po � UP) W c a+ a+ n in paox � � [..rQr`CtiaQZe-i ►� � � � y ..`J. ° in � "" QW '� 0.'' ,-1 m � o � r cp L � � Om o y rsb pfi � UPax, zC .lc"/3 � � cad °�) '� � PQ U w N C ° f" .n. N a y� �j W W W z ci a C C" N : g �y Ca c " cn x e y L7•r O Z Q ►'(. ai w U O F O o A .._ ..s CJ ..+ "' l0 X � Z@ � p PW q a ° o een r O O W ° O M Cy v p tC C O N V] V] •'� 60 Q Q P Q ^ Z H N � / m t l Pq V) - I m S g g U ti U U Q a .�. ti r- a W N a q y A w °a 00 cq G U x 9 M V o N L z ¢ 05 a s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. • • CIVIL DIVISION Plaintiff • • NO. 13-1840-CIVIL c) c;• v. • • DAVID S. CHUBB • CO H7 • { Defendant -,. ORDER x L ' AND NOW, this 114 day of rar✓A7 , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant DAVID S. CHUBB by: (V REGULAR MAIL TO DAVID S. CHUBB at 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO DAVID S. CHUBB at 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071 / Service by mail is complete upon the date of mailing POSTING 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY T ,E COURT: J. PH# 812311 .CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 D VID S. CHUBB 223 WOOLEY HOLLOW COURT UNIT 109,A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG,PA 17055-6071 °Tees Pi- --LiEcl alacpy _tryi 2M 14 FE3 12 P11 4: C7 IN THE COURT OF COMMON PLEAS CUMBERLAND CUMBERLAND COUNTY,PENNSYLVANIA PENNSYLVANIA D CCU�� WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff • Civil Division vs. • CUMBERLAND County DAVID S. CHUBB • • No.: 13-1840-CIVIL Defendant • ORDER AND NOW, this /2` day of /Cow, , 2014, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $144,072.02 Interest Through January 7, 2014 $12,486.24 Late Charges $102.00 Legal fees $2,475.00 Cost of Suit and Title $686.75 Property Inspections $90.00 Mortgage Insurance Premium/Private Mortgage Insurance $132.70 Non Sufficient Funds Charge $100.00 Escrow Deficit $2,118.47 TOTAL $162,263.18 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. )94 kalJ`j B E U • aA J. ties fi2.4tik, ��!/ 812311 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. DAVID S. CHUBB Plaintiff Defendant ikI)R -8 P-110: 09 COUtg`f PENSSYI.SPOP\ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-1840-CIV11 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 S. CHUBB on 3/7/2014 in accordance with the Order of Court dated 2/19/2014. The property was posted on 3/12/2014. 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: 7/77/GI Phe a an, LLP By: Joh chael Kolesnik, Esq., Id. No.308877 At rney for Plaintiff Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CIVIL DIVISION Plaintiff v. DAVID S. CHUBB Defendant ORDER AND NOW, this 19 � day of NO. 13-1840-CIVIL 0 ,. r▪ r7 MI- i• -um C> --Ic, Co -77 56--. Qrn /r ✓a., , 2014, aid consideration of Plaintiff s Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant DAVID S. CHUBB by: (7 REGULAR MAIL TO DAVID S. CHUBB at 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055 -6071 Service by mail is complete upon the date. of mailing CERTIFIED MAIL TO DAVID S. CHUBB at 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055 -6071 Service by mail is complete upon the date of mailing POSTING 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055 -6071 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). PH # 812311 CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 DAVID S. CHUBB 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT, MECFAN1CS13UKU, PA 17055 -6071 Name and PHELAN HALLINAN, LLP Address M ONE PENN CENTER PLAZA, SUITE 1400 of Sender PHILADELPHIA, PA 19103 -1814 Line Article Number Name of Addressee, Street, and Post Office Address Postage DAVID S. CHUBB 223 WOOLEY HOLLOW COURT UNIT 109 A/K/A 223 WOOLEY HOLLOW COURT MECHANICSBURG, PA 17055 -6071 2 ass* 3 4 5 6 7 8 Total Number of Pieces Listed by Sender RE: CHUBB PHS# 812311 CUMBERLAND Total Number of Pieces Received at Post Office LAS/NOS- CERTIFICATE OF MAILING- CODE 1020 Postmaster, Per (Name of Receiving Employee) PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT DAVID S. CHUBB SERVE DAVID S. CHUBB AT: 223 WOOLEY HOLLOW COURT UNIT 109 AIWA 223 WOOLEY HOLLOW COURT MECHANICSBURG, PA 17055 -6071 * **'PLEASE POST THE PROPERTY'*: AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 812311 SERVICE TEAM/ sal COURT NO.: 13-IMO-CIVIL SERVED TYPE OF ACTION RE Notice of Sheriff's Sale SALE DATE: 06/04/2014 Served and made known to DAVID S. CHUBB, Defendant on the io?f"day of 4t4-- , 20 f �, at $+ 10 , o'clock j. M. at 223 WOOLEY HOLLOW COURT UNrf' 109 A/.K`/A.223 WOOLEY HOLLOW COURT,. MECHANICSBURG, PA 17055 -6071, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager /Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. v an officer of said Defendant's company. XX Other:. .::. POSTED D THE PROPERTY... ..." Description: Age Height Weight Race Sex Other Ronald MO11 a competent adult, hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this stat ntt , made subject to the penalties of 18 Pa. CS. Sec. 4904 relating to unswom falsification to authorities. DATE: 3(/ )4 if NAME:. PRINTED NAME Ronald Moll TITLE:... Process Server NOT SERVED On the day of 20 at _. o'clock _ M., I, a competent adult hereby state that Defendant TJi I5.6ecaase: _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 Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R Davey, Esq., Id. No. 87077 Lauren R Tabors, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Mario J. Hanyon, Esq., Id. No. 203993 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 '7 I iu II i 1 II II 7178 2417 6099 0159 7542 LAS / 812311 RESTRICTED DELIVERY DAVID S. CHUBB 223 WOOLEY HOLLOW COURT UNIT 109 A/K /A 223 WOOLEY HOLLOW COURT MECHANICSBURG, PA 17055 -6071 - -fold here (regular) -- fold here (6x9) - -fold here (regular) I I USPS.com® - USPS TrackingTM Page 1 of 2 English Register / Sign In Search USPS.com or Track Packages Ship a Package Send Mail Manage Your Mail Shop Business Solutions Customer Service USPS Mobile CUSPS.COM. Quick Tools USPS Tracking Tracking Number: 71782417609901597542 Expected Delivery Day: Monday, March 10, 2014 Product & Tracking information Postal Product: First-Class Mail° March 15, 2014 , 12:32 pm March 14, 2014 , 11:38 pm March 14, 2014 , 11:41 am March 14, 2014 March 13, 2014, 8:12 pm March 11, 2014 , 4:21 am March 10, 2014 , 10:09 am March 10, 2014 , 9:59 am March 10, 2014 , 5:10 am March 9, 2014 March 8, 2014 , 11:13 pm March 7, 2014 March 7, 2014 , 7:53 pm March 7, 2014 , 6:38 pm March 6, 2014 Features: Certified Mail Return Receipt Electronic STATUS OF ITEM Delivered Processed through USPS Sort Facility Processed through USPS Sort Facility Depart USPS Sort Facility Processed through USPS Sort Facility Forwarded Out for Delivery Sorting Complete Arrival at Unit Depart USPS Sort Facility Processed through USPS Sort Facility Depart USPS Sort Facility Processed at USPS Origin Sort Facility Accepted at USPS Origin Sort Facility Electronic Shipping Into Received Track Another Package LOCATION MECHANICSBURG, PA 17055 HARRISBURG, PA 17107 LANCASTER, PA 17604 LANCASTER, PA 17604 LANCASTER, PA 17604 MECHANICSBURG, PA MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 HARRISBURG, PA 17107 HARRISBURG, PA 17107 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19103 Customer Service Have questions? 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Page 2 of 2 ON ABOUT.USPS.COM About USPS Home • Newsroom • USPS Service Alerts Forms & Publications • Careers • OTHER USPS SITES Business Customer Gateway • Postal Inspectors • Inspector General • Postal Explorer • https:// tools. usps.com /go /TrackConfirmAction. action ?tLabels = 71782417609901597542 3/31/2014 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r 'LCD -OFF ICE ©tormb r r` �ll_ `'i;✓ l�HONO ir'�.R • oFFiCE 20111 AUG 13 Phi 12:14 CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. vs. David S Chubb Case Number 2013-1840 SHERIFF'S RETURN OF SERVICE 01/09/2014 03:30 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 S. Chubb, 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 223 Wooley Hollow Court, Mechanicsburg, PA 17055, the property is Vacant, defendant left forwarding address at the Mechanicsburg Post Office of: 107 E. Allen Street, Apt 8, Mechanicsburg, PA 17055. cab. 01/09/2014 03:32 PM - Deputy Dennis Fry, 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 223 Wooley Hollow Court, Unit 109, a/k/a 223 Wooley Hollow Court, Mechanicsburg, PA 17055, Cumberland County. 01/30/2014 Deputy J. Demartyle, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Leanne Chubb, Ex -Wife, who accepted as "Adult Person in Charge" for David S. Chubb at 107 E. Allen Street, Apt 8, Mechanicsburg, PA 17055. 03/05/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/4/2014 06/04/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 10:00 am on June 4, 2014. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of, Wells Fargo Bank, N.A., being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $896.75 SO ANSWERS, July 28, 2014 RONN'S' R ANDERSON, SHERIFF mss'pd ego. „co t 9;3 �4 All 30,93 (:i) f ountyS::. Sheriff. f•eleosoft, r C7 On December 11, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 223 Wooley Hollow Court, Unit 109 a/k/a 223 Wooley Hollow Court, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference r, C.) rr� incorporated herein. Date: December 11, 2013 By: Real Estate Coordinator LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-1840 Civil Term Wells Fargo Bank, N.A. vs. David S. Chubb Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13 -1840 -CIVIL, WELLS FARGO BANK, N.A. vs. DAVID S. CHUBB, owner(s) of property situate in UP- PERALLEN TOWNSHIP, -CUMBER- LAND County, Pennsylvania, being 223 WOOLEY HOLLOW COURT UNIT 109, a/k/a 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071. Parcel No. 42-11-0276-172. -U109. Improvements thereon: RESIDEN- TIALDWELLING. Judgment Amount: $147,835.00. 22 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 24, January 31, and February 7, 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. SWO isa Marie Coyne, Editor TO AND SUBSCRIBED before me this qday of February, 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 _The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriotNews 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. 2013-1840 Civil Term Wells Fargo Bank, N.A. Vs David S. Chubb Atty: Joseph Schalk • By virtue of a Writ of Execution No. 13 -1840 -CIVIL WELLS FARGO BANK, N.A. v. DAVID S. CHUBB situate in owner(s) of property UPPER ALLEN TOWNSHIP, - CUMBERLAND County, Pennsylvania, being 223 WOOLEY HOLLOW COURT UNIT 109, ASA 223 WOOLEY HOLLOW COURT, MECHANICSBURG, PA 17055-6071. Parcel No. 42-11-0276-172.-U109 (Acreage or street address) thereon: Improvements RESIDENTIAL DWELLING Judgment Amount: $147,835.00 This ad ran on the date(s) shown below: 01/19/14 01/26/14 C 02/02/14 Sworn, to ndlsubscribed before me t day of February, 2014 A.D. Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn War(ei, Notary Public Washington Twp., Dauphin County My Commission EEIres Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank N A is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 5th day of December, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1840, at the suit of Wells Fargo Bank N A against David S Chubb is duly recorded as Instrument Number 201418342. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /7 day of , A.D. &c �y 244):A i Recorder of Deeds o 41 ee s, Cumberland County, Carlisle, PA y Commis ' on Expires the First Monday of Jan. 2018 ,_i