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HomeMy WebLinkAbout13-2956 Supreme Court of Pennsylvania Court of Common Pleas ForProtlonotant UseOnit =: Civil Cover Sheet Docket No: Cumberland County I � The information collected on this form is used solely for court administration purposes. This form does not sup glement or replace thefiling and service o )leadin .s or other a ers as required by law or rules o court. S Commencement of Action: E x Complaint ❑ Writ of Summons ❑ Petition C ❑ Transfer from Another Jurisdiction ❑ Declaration of Takin Lead Plaintiff's Name: FEDERAL NATIONAL Lead Defendant's Name: KELLY LYNN NOON, IN HER T MORTGAGE ASSOCIATION CAPACITY AS EXECUTRIX OF THE ESTATE OF I CLARENCE LAMAR CHUBB, DECEASED AND IN HER 0 CAPACITY AS DEVISEE N Are money damages requested? : ❑ Yes X No Dollar Amount Requested: within arbitration limits A Check one outside arbitration limits Is this a Class Action Suit? 0 Yes ❑X No Is this an MDJA eal? o Yes ❑X No Name of Plaintiff/Appellant's Attorney: Martha Von Rosenstiel, Esq. o Check he if you are a Self-Represen (Pro Se Litigant Nature of the C:ase Place an "X" to the left of the ONE case category that most accurately describes-your PRLl1 ARY CASE. if you are making more than one type of claim- check the one that you consider most important. TORT (do not include Class Tort) CONTRACT (do not Include Adgments) 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 S ❑ Product Liability (does not inchida ❑ Employment Dispute: mass tor7) El Slander /Libel' Defamation Employment D iscri m ination C ❑Other.: ❑Employment Dispute: Other ❑Zoning Board ❑Other: . I ❑ Other: O TORT Asbestos N ❑ Tobacco Toxic Tort - DES _ Toxic Tort - Implant REAL PROPERTY MISCELLANsEOUS Toxic Waste ❑ Ejectment ❑ Conunon Lacy /Statutory Arbitration ❑ Other: El Fauinent Domain/Crntdelrukation ❑Declaratory Judgment ❑ Ground Rent. Mandamus El Landlord/Tenant. Dispute 8 Non- Domestic Relations W Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL. LIABLITY ❑ Mortgage. Foreclosure: Conunercial ❑ Quo Warranto Dental ❑ Partition ❑ Replevin ❑ Legal © Quiet Title ❑ Other. Medical ❑ Other: ❑ Other Professional: Updated 1/1,2.011 MARTHA E. VON ROSENSTIEL, P.C. 32103CFC -AB Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328 -2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS OF ASSOCIATION CUMBERLAND COUNTY _ r 3900 Wisconsin Avenue NW Washington, DC 20016 -2892 cry r Plaintiff --J /� Sip n 1/ /( --J , V. NO. 17 - D S cn po ,�- C.) , KELLY LYNN HOON, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CLARENCE c l? LAMAR CHUBB, DECEASED AND IN HER Cl) = r CAPACITY AS DEVISEE' Cn 632 Davis Drive New Cumberland, PA 17070 Defendant CIVIL ACTION - MORTGAGE FORECLOSURE NOTICE ADVISO You have been sued in court. If you wish to defend against the claims Le han demandado a usted en la corte. Si usted quiere defenderse de set forth in the following pages, you must take action within twenty estas demandas expuestas en las paginas siguientes, usted tiene (20) days after this complaint and notice are served, by entering a veinte (20) dias de plazo al partir de ]a fecha de la demanda y la written appearance personally or by attorney and filing in writing with notificacion. Hace falta a sentar una comparencia escrita o en the court your defenses or objections to the claims set forth against you. persona o con un abogado y entregar a la corte en forma escrita sus You are warned that if you fail to do so the case may proceed without defensas o sus objeciones a ]as demandas en contra de su persona. you and a judgment may be entered against you by the court without Sea a visado que si usted no se defiende, la corte toma ra medidas y further notice for any money claimed in the complaint or for any other puede continuar la demanda en contra suya sin previo aviso o claim or relief requested by the plaintiff. You may lose money or notificacion. Ademas, la corte puede decidir a favor del demandante property or other rights important to you y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT LLEVE ESTA DEMANDA A UN ABOGADO ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN TELEPHONE THE OFFICE SET FORTH BELOW. THIS PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO . OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT ESTA OFICINA LE PUEDE PROVEER INFORMACION HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A WITH INFORMATION ABOUT AGENCIES THAT MAY UN ABOGADO, LE PODEMOS DAR INFORMACION OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A REDUCED FEE OR NO FEE PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717- 249- 3166ly� 800 - 990 -9108 a rn� Q' ae # 5�9� THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. MARTHA E. VON ROSENSTIEL, P.C. 32103CFC -AB Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328 -2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS OF ASSOCIATION CUMBERLAND COUNTY 3900 Wisconsin Avenue, NW Washington, DC 20016 -2892 Plaintiff V. NO. KELLY LYNN HOON, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CLARENCE LAMAR CHUBB, DECEASED AND IN HER CAPACITY AS DEVISEE 632 Davis Drive New Cumberland, PA 17070 Defendant CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Federal National Mortgage Association, a corporation organized and existing under state law, with offices for the conduct of business at 3900 Wisconsin Avenue, NW, Washington, DC 20016 -2892. 2. Defendant is Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased Mortgagor and Real Owner of premises 4601 Chestnut Avenue, Camp Hill, PA 17011, hereinafter described, and in her capacity as Devisee whose last known address is listed in the caption. 3. On October 29, 2012, Clarence Lamar Chubb departed this life, leaving a Last Will and Testament, in which he specifically devised the mortgaged premises to Kelly Lynn Hoon. 4. Letters Testamentary were granted to Kelly Lynn Hoon, as Executor of the Estate of Clarence Lamar Chubb, Deceased. 5. Plaintiff does not hold the Defendant personally liable on this cause of action and hereby releases her from any personal liability, as this action is being brought to foreclose their interest in the aforesaid real estate only. 6. Plaintiff brings this action in mortgage foreclosure against defendant, to foreclose a certain indenture of mortgage made, executed and delivered by the now deceased mortgagor and real owner to Countrywide Home Loans, Inc. on May 16, 2007, which mortgage was recorded on March 27, 2007 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1986, Page 1751, secured on premises 4601 Chestnut Avenue, Camp Hill, PA 17011 a true and correct description of which is attached hereto as Exhibit 1. 7. The mortgage has since been assigned to Federal National Mortgage Association by written assignment dated February 7, 2013 and recorded on February 19, 2013 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Instrument No. 201305477. 8. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 9. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made in conformity with the terms of the mortgage, from December 2012 and each month thereafter, up to and including the present time. 10. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 11. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $ 124,241.26 Interest from II/l/2012 to 4/25/2013 at $21.70 per diem $ 3,797.44 Accrued Escrow deficit $ 412.40 Attorney's Fee $ 1,650.00 Property Inspections $ 30.00 Total $ 130,131.10 12. The defendant involved in this action is not a mortgagor and therefore is not eligible for assistance under Act 91 of 1983. 13. As there are no successor record owners, notice under Act 6 of 1974 is not required. WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $130,131.10, plus per diem interest at $21.70 from April 26, 2013 to the date of judgment plus costs thereon. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY t _4 / Martha E. Von Rose ti , Esquire Heather Riloff, Esquire Attorneys for Plaintiff VERIFICATION Julia Rust hereby states that he /she is the F oreclosure Specialist of Seterus, Inc., Servicing Agent for Federal National Mortgage Association, plaintiff herein; that he /she is duly authorized to make this Verification on behalf of Federal National Mortgage Association and verifies that the statements made in the foregoing Complaint in Federal National Mortgage Association v. Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased and in her capacity as Devisee relating to the property located at 4601 Chestnut Avenue, Camp Hill, PA 17011 are true and correct to the best of his /her information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. B -Julia Rust Ti le: Foreclosu "r Seterus, Inc. as servicer for Federal National Mortgage Association Dated: 14 rs EXHIBIT I LEGAL DESCRIPTION All that certain piece or parcel of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: Beginning at point at the Northwest corner of Clearview Drive and Chestnut Avenue on the Plan of Lots of Clearview Farms; thence south 51 degrees 26 minutes West along the northerly line of Chestnut Avenue a distance of 108.41 feet to a point; thence North 38 degrees 16 minutes West a distance of 57.24 feet to a point; thence North 3 degrees 5 minutes West a distance of 57.6 feet to a point on the southerly side of Clearview Drive; thence a North 86 degrees 55 minutes East along the southerly side of Clearview Drive a distance of 19 feet to a Opoint; thence continuing along Clearview Drive in an arc curving to the right having a radius of 145 feet for a distance of 112.97 feet to a point, the place of beginning. PARCEL IDENTIFICATION NO: 10 -21- 0279 -134, CONTROL #: 10007863 FORM 1 FEDERAL NATIONAL MORTGAGE IN THE COURT OF COMMON PLEAS OF ASSOCIATION CUMBERLAND COUNTY, 3900 Wisconsin Avenue, NW PENNSYLVANIA Washington, DC 20016 -2892 NO. vs. Plaintiff n S� ad 1 3'aq C.D KELLY LYNN HOON, IN HER CAPACITY AS C=3 EXECUTRIX OF THE ESTATE OF CLARENCE LAMAR CHUBB, DECEASED AND IN HER CAPACITY AS DEVISEE c`n C 632 Davis Drive New Cumberland, PA 17070 Defendant =C:) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE c r, 73 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 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 the 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 file 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 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 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: May 20, 2013 0/ — Date Signature of Counsel for Plain iff i 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 ^ _ Please provide the following information to the best of your knowledge: Borrower name (s): Property Address: City: 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? C Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? INFORMATI FINANCIAL 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 and 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: Asset 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: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. loan Payment Cable TV Child Support /Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes F] 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 R 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? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, authorize the above named to use /refer this information to my lender / servicer for the sole purpose ofi evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income , V Past 2 bank statements V Proof.of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 FEDERAL NATIONAL MORTGAGE IN THE COURT OF COMMON PLEAS OF ASSOCIATION CUMBERLAND COUNTY, PENNSYLVANIA 3900 Wisconsin Avenue, NW Washington, DC 20016 -2892 Plaintiff vs. NO. KELLY LYNN HOON, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CLARENCE LAMAR CHUBB, DECEASED AND IN HER CAPACITY AS DEVISEE 632 Davis Drive New Cumberland, PA 17070 Defendant REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 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 statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 FEDERAL NATIONAL MORTGAGE IN THE COURT OF COMMON PLEAS OF ASSOCIATION CUMBERLAND COUNTY, 3900 Wisconsin Avenue, NW PENNSYLVANIA Washington, DC 20016 -2892 Plaintiff VS. NO. KELLY LYNN HOON, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CLARENCE LAMAR CHUBB, DECEASED AND IN HER CAPACITY AS DEVISEE 632 Davis Drive New Cumberland, PA 17070 Defendant CASE MANAGEMENT ORDER AND NOW, this day of 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of 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 at M. in 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 with 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. S. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BYTHE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson =1,L Et)-01:i-IG,� ff z; j � ' � ' ;t' Sheri . .': ��xtrxXro o9�irrir�ir�,�7rr�y. Jody S Smith Chief Deputy 2013 JIN _7 W 10: 1—of w Richard W Stewart " * °% " ! H I ` Solicitor OFFMC F HE SKERiF: � 14 P�i4 S Y L A 1 A�# Federal National Mortgage Association vs. Case Number Kelly Lynn Hoon, In Her Capacity as Executrix of the Estate of Clarence Lamar 2013-2956 SHERIFF'S RETURN OF SERVICE 05/29/2013 10:40 AM - Deputy Ryan Burgett, 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: Kelly Lynn Hoon, In Her Capacity as Executrix of the Estate of Clarence Lamar at 4601 Chestnut Avenue, Hampden Township, Camp Hill, PA 17011. RYAN BURGETT, DEPUTY SHERIFF COST: $49.76 SO ANSWERS, K'V-Z x May 30, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. #32103CFJ-DN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION .• Plaintiff .• • V. NO. 13-2956 KELLY LYNN HOON, IN HER CAPACITY AS r rryn EXECUTRIX OF THE ESTATE OF CLARENCE LAMAR : Z r" -on-- CHUBB, DECEASED AND IN HER CAPACITY AS ul CD , DEVISEE -< al ---.3 C----8 -[p Ca°1-1 Defendant(s) 3,*c•-, Zc) r I =,� PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: (XX) Enter judgment in favor of Plaintiff and against: Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased and in her capacity as Devisee for want of an answer. (X) Assess Damages as Follows Debt $ 130,131.10 Interest from 7/3/2013 to July 02, 2013 At $ per diem $ 1,475.60 Total $ 131,606.70 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of this Praecipe. A copy of the Notice is attached. R.C.P. 237.1 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. B'Cl' ,\._ - . Martha E. Von Ros-1, 'el, Esquire Heather Riloff, Esq Attorneys for Plaintiff 5 L This day of V ,1 , 2013 judgment is entered in favor of the Plaintiff and against Defendant(s), Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased and in her capacity as Devisee by d: ,ult fo ant qf ai answer an• ages assessed at the op sum of$131,606.70 as per the above certificatiI` a P d fitj Pro _ . ary, Cumberland County C #Se4q/9 ,2#aZ 9 Z gf er AM('e ` ,e7.• °� MARTHA E. VON ROSENSTIEL, P.C. #32103CTD -MB Martha E. Von Rosenstiel, Esquire No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue. Suite 7 Secane, PA 19018 (610)328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS ASSOCIATION CUMBERLAND COUNTY 3900 Wisconsin Avenue,NW Washington, DC 20016-2892 Plaintiff v. Case No: 13-2956 KELLY LYNN HOON, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CLARENCE LAMAR CHUBB, DECEASED AND IN HER CAPACITY AS DEVISEE 632 Davis Drive New Cumberland, PA 17070 Defendant TO: Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased and in her capacity as Devisee 4601 Chestnut Avenue Camp Hill, PA 17011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von it enstiel, Esquire Heather Riloff, . .'re Attorneys for P .intiff Dated:6/19/13 #32103CFJ-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane,PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE : COURT OF COMMON PLEAS ASSOCIATION : CUMBERLAND COUNTY Plaintiff • • vs. : No: 13-2956 KELLY LYNN HOON, IN HER CAPACITY AS : EXECUTRIX OF THE ESTATE OF CLARENCE LAMAR CHUBB, DECEASED AND IN HER CAPACITY AS DEVISEE Defendant(S) NON MILITARY AFFIDAVIT Martha E. Von Rosenstiel,P.C. by the undersigned hereby certifies that: 1. I am the attorney for the plaintiff herein. 2. The individual involved in this action is the owner of the premises described in the mortgage underlying this action. 3. The procedures of the Law Office of Martha E.Von Rosenstiel, P.C. are designed to discover facts concerning the military status of the mortgagor(s) and/or real owner(s). 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense, has confirmed that the defendant(s) is/are not in the military. 6. On information and belief,named mortgagor(s) and real owner(s) is/are not incompetent nor a service member in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY:411lb'' Lam/ � ,. 1 Martha E. Von squire Heather Riloff, Esq Rosin, Attorneys for Plaintiff Dated: July 02, 2013 04talt OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased and in her capacity as Devisee 4601 Chestnut Avenue Camp Hill, PA 17011 FEDERAL NATIONAL MORTGAGE : COURT OF COMMON PLEAS ASSOCIATION : CUMBERLAND COUNTY PLAINTIFF VS. • KELLY LYNN NOON, IN HER CAPACITY : NO: 13-2956 AS EXECUTRIX OF THE ESTATE OF : CLARENCE LAMAR CHUBB, DECEASED : AND IN HER CAPACITY AS DEVISEE DEFENDANT(S) Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $131,606.70 on July 02, 2013. David D. Buell Prothono y X Judgment by Default Money Judgment 7/C/ij Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Martha E. Von Rosenstiel, P.C. at this telephone number:610-328-2887. 32103 C WE-DN Commonwealth of Pennsylvania COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSOCIATION COURT OF COMMON PLEAS v. DOCKET NO. 13-2956 KELLY LYNN HOON, IN HER CAPACITY AS EXECUTRIX ATTORNEY I.D. #52634 OF THE ESTATE OF CLARENCE LAMAR CHUBB, ATTORNEY I.D. #309906 DECEASED AND IN HER CAPACITY AS DEVISEE C3 Praecipe for Writ of Execution 'F- ;=:1 -{CD TO THE PROTHONOTARY: <cD -.' H Issue Writ of Execution in the above matter: 5;:g;. cuz AMOUNT DUE $ 131,606.70 INTEREST from 7/3/2013 to 12/4/2013 At 6 % $ 3,352.65 TOTAL* $ 134,959.35 *Plus costs to be endorsed Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: • Martha E. Von Re s4! sti , Esquire Heather Riloff, E•1 ire Attorneys for Plaintiff PREM: 4601 Chestnut Avenue, Camp Hill, PA 17011 4 .2e. so pd i'M j" 03 , 7$ !6 • s° k .2. 2C we C� ie. s' c#- svw 0-021 a e /2g 017— 1155.0c� ' 1 #32103-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE : COURT OF COMMON PLEAS ASSOCIATION : CUMBERLAND COUNTY Plaintiff • • VS. : NO: 13-2956 KELLY LYNN HOON, IN HER CAPACITY : AS EXECUTRIX OF THE ESTATE OF CLARENCE LAMAR CHUBB, DECEASED : AND IN HER CAPACITY AS DEVISEE Defendant(s) LEGAL DESCRIPTION All that certain piece or parcel of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: Beginning at point at the Northwest corner of Clearview Drive and Chestnut Avenue on the Plan of Lots of Clearview Farms; thence south 51 degrees 26 minutes West along the northerly line of Chestnut Avenue a distance of 108.41 feet to a point; thence North 38 degrees 16 minutes West a distance of 57.24 feet to a point; thence North 3 degrees 5 minutes West a distance of 57.6 feet to a point on the southerly side of Clearview Drive; thence a North 86 degrees 55 minutes East along the southerly side of Clearview Drive a distance of 19 feet to a Opoint; thence continuing along Clearview Drive in an arc curving to the right having a radius of 145 feet for a distance of 112.97 feet to a point, the place of beginning. IMPROVEMENTS: Residential dwelling Tax Parcel # 10-21-0279-134 TITLE TO SAID PREMISES IS VESTED IN Clarence L. Chubb, by Deed from Clarence L. Chubb and Margie L. Chubb, his wife, dated 09/23/2004,recorded 10/27/2004 in Book 265, Page 4673. #32103CAM - DN MARTHA„E. VON ROSENSTIEL, P.C. Marna E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE : COURT OF COMMON PLEAS ASSOCIATION : CUMBERLAND COUNTY _ Plaintiff : =' • rn C ("11 • NO: 13-2956 cri KELLY LYNN HOON, IN HER CAPACITY : r" AS EXECUTRIX OF THE ESTATE OF CLARENCE LAMAR CHUBB, DECEASED ;- AND IN HER CAPACITY AS DEVISEE Defendant(s) AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 Martha E. Von Rosenstiel,P.C. by the undersigned attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 4601 Chestnut Avenue, Camp Hill, PA 17011: 1. Name and address of owners(s) or reputed owner(s) Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased and in her capacity as Devisee 632 Davis Drive New Cumberland, PA 17070 2. Name and address of defendant(s) in the judgment: Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased and in her capacity as Devisee 632 Davis Drive New Cumberland, PA 17070 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: NONE 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Department of Revenue Inheritance Tax division, P.O. Box 280601 Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Cumberland County Adult Probation 4 East Liberty Avenue Carlisle, PA 17013 Oc—upant 4601 Chestnut Avenue Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BYE— ', Martha E. Von os i stiel, Esquire Heather Riloff, : i i i e Attorneys for Plainti Dated: July 01, 2013 #321 03-C W E-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff r°) FEDERAL NATIONAL MORTGAGE : COURT OF COMMON PLEAS im ASSOCIATION : CUMBERLAND COUNTY ma) rnr- Plaintiff • L • • t� VS. • r— r1 KELLY LYNN HOON, IN HER CAPACITY AS : No: 13-2956 >c-' EXECUTRIX OF THE ESTATE OF CLARENCE ==c-D -- LAMAR CHUBB, DECEASED AND IN HER CAPACITY AS DEVISEE Defendant(s) CERTIFICATE TO THE SHERIFF I hereby certify that I am the attorney of record for the plaintiff in this action again real property and further certify that this property is: FHA—Tenant Occupied or Vacant Commercial As a result of a Complaint in Assumpsit XX That the plaintiff has complied in all respects with Section 403 of the Mortgage Assistance Act including, but not limited to: (a) Service of the Notice on the Defendants (b) Expiration of the 30 days since Service of the Notice (c) Defendants' failure to request or appear at meeting with mortgagee or Consumer Credit Counseling Agency (d) Defendants' Failure to file application with the Homeowners Emergency Assistance Program I further agree to indemnify and hold harmless the Sheriff for any false statement given herein. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: • Martha E. Von Rosenstiel quir: Heather Riloff, Esquire Attorneys for Plaintiff MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff Federal National Mortgage Association : COURT OF COMMON PLEAS 3900 Wisconsin Avenue,NW : CUMBERLANDCOUNTY ? —j Washington DC 20016-2892 r;2103 ( rri Plaintiff • 2.3 � r 1 vs. • r cJr C • 4 CI Kelly Lynn Hoon, in her capacity as Executrix of No: 13-2956 r > the Estate of Clarence Lamar Chubb, Deceased and: in her capacity as Devisee = -- = r 632 Davis Drive • =€ C73 New Cumberland, PA 17070 Defendants AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA: SS • COUNTY OF DELAWARE Martha E. Von Rosenstiel, P.C. by the undersigned for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the last known addresses of the defendants are: 1. Name and address of owners(s) or reputed owner(s) and/or defendant(s) in the judgment: Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased and in her capacity as Devisee 632 Davis Drive New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL,P.C. BY: • p '� artha E. Von Rosensti:i squirt Heather Riloff, Esquire Attorneys for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 2013-2956 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff(s) From KELLY LYNN HOON, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CLARENCE LAMAR CHUBB,DECEASED AND IN HER CAPACITY AS DEVISEE (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: $131,606.70 L.L.: $.50 Interest from 7/3/2013 to 12/4/2013 at 6%-3,352.65 Atty's Comm: Due Prothy: $2.25 Atty Paid: $198.51 Other Costs: Plaintiff Paid: Date: 7/5/2013 David D.Buell,Prothonotary (Seal) : / ice .. _ L/ l/ _ Deputy REQUESTING PARTY: Name: HEATHER RILOFF,ESQ. Address: MARTHA E. VON ROSENSTIEL,P.C. 649 SOUTH AVENUE,SUITE 7 SECANT,PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No.36996(e A 32103CAM-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE : COURT OF COMMON PLEAS ASSOCIATION : CUMBERLAND COUNTY --s Plaintiff • vs. • c. : No: 13-2956 <° ` ' -� mac-) :; KELLY LYNN HOON, IN HER : = CAPACITY AS EXECUTRIX OF THE: 9. ESTATE OF CLARENCE LAMAR CHUBB, DECEASED AND IN HER CAPACITY AS DEVISEE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 4601 Chestnut Avenue Camp Hill, PA 17011 will be sold by the Sheriff of Cumberland County on Date of Sale: December 04, 2013 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 13-2956 in the Court of Common Pleas of Cumberland County by Federal National Mortgage Association, Plaintiff against Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased and in her capacity as Devisee, Defendant(s). Judgment was entered on July 02, 2013 in the amount of$131,606.70. The property was seized and taken in execution as the property of Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased and in her capacity as Devisee. The property to be sold at Sheriff's Sale is described as follows: All tl.. . vrtain piece or parcel of land situate in the Township of Hampden, County of Cumr, land and State of Pennsylvania, more particularly bounded and described as follows: Beginning at point at the Northwest corner of Clearview Drive and Chestnut Avenue on the Plan of Lots of Clearview Farms; thence south 51 degrees 26 minutes West along the northerly line of Chestnut Avenue a distance of 108.41 feet to a point; thence North 38 degrees 16 minutes West a distance of 57.24 feet to a point; thence North 3 degrees 5 minutes West a distance of 57.6 feet to a point on the southerly side of Clearview Drive; thence a North 86 degrees 55 minutes East along the southerly side of Clearview Drive a distance of 19 feet to a Opoint; thence continuing along Clearview Drive in an arc curving to the right having a radius of 145 feet for a distance of 112.97 feet to a point, the place of beginning. Tax ID #10-21-0279-134 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 13-2956. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. Ronny R. Anderson, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire /No. 52634 Heather Riloff, Esquire /No. 309906 Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 n AARTHA E. VON ROSENSTIEL,P.C. #32103CAM -DN ` Martha E. Von Rosenstiel,Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 , 649 South Avenue, Suite 7 Secane,PA 19018 (610) 328-2887 C7 Attorneys for Plaintiff G FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS ASSOCIATION CUMBERLAND COUNTY rn°n rn �c " Plaintiff Z� vs. NO: 13-2956 KELLY LYNN HOON, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CLARENCE : E LAMAR CHUBB,DECEASED AND IN HER CAPACITY AS DEVISEE Defendant(s) AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 Martha E. Von Rosenstiel,P.C.by the undersigned for the Plaintiff in the above action, hereby verifies that on , true and correct copies of the Notice of Sheriff's Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. I verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Rosen i s quire Heather Riloff, EsquiAttorneys for PlaintifOF1 Name MARTHA E.VON ROSENSTIEL, P.C. ❑ Registered ❑ Return Receipt tor celuneu of nlaauly and Registered Mail: additional copies of t� T9y,� Attorney At Law for Merchandise 13 With postal Insurance Address 649 South Avenue, Unit 7 ❑ Insured ❑without Postal ge ® Sender Secane, PA. 19018 ❑COD ❑ Int'l Recorded Del. Insurance z � PITNEY BOWES �® ❑Certified❑Ex press Mail 2 1P 0001731915-1 ni e Act a. r (AILED ROM ZIP CODE 1901 8 Article Name of Addresses, Street,and Handling Value Insured Due R.R. S.D. S.H. Line Number Post Office Address Postage Fee Charge (If Value Sender Fee Fee Fee g If COD Remarks O Regis.) i Cumberland County Tax Claim 1 #32103 1 Courthouse Square Carlisle,PA. 17013 Cumberland Register of Wills 2 County Courthouse Carlisle,PA. 17013 Attorney General of the U.S. C/O Assistant Attorney General 3 Tax Division U.S.Department of Justice 7 P.O.Box 227 Q Washington,DC.20044 PA Department of Revenue Inheritance Tax Division, a 4 P.O.Box 280601 0 Harrisburg,PA 17128 Family Court/Domestic Relations 5 1 Courthouse Square Carlisle,PA. 17013 PA.Department of Revenue Bureau of Compliance 6 Attn:Sheriff Sale Section P.O.Box 218230 Harrisburg,PA.17128-1230 Department of Public Welfare 7 P.O.Box 2675 Harrisburg,PA. 17105 Occupants/Tenants 8 4601 Chestnut Avenue Camp Hill,PA 17011 PA.Department of Revenue 9 Bureau of Individual Taxes P.O.Box 280603 Harrisburg,PA. 17128 Cumberland County Adult Probation 10 4 East Liberty Avenue Carlisle,PA 17013 11 Total Number of Pieces Total Postmaster,Pe Name of Receivi ployee) o c The full declaration f value is required on all domestic and international registered mail. The Listed.by Sender Number of o� a maximum indemnity payable for the reconstruction of nonnegotiable documents under Express ti ® Pieces 4 I�i.l 1 Mail document reconstruction insurance is$50,000 per price subject to a limit of$500,000 per IReceived at a C/a M w occurrence.. The maximum indemnity payable on Express Mail merchandise insurance is$500. Post The maximum indemnity payable is$25,000 for registered mail,sent with optional postal Aso,, 54 insurance. See Domestic Mail Manual R900,S913,and S921 for limitations coverage on in U,W'I incuroif and rrnn moil Coe InformMinnol kfi.il RAonnol fnr limifofin—of nmmrono nn ininrnafinnol 32103-DU AFFIDAVIT OF SERVICE C-� ?CZ5" C�- C:: ­l Z t'Aj PLAINTIFF: rn r Le) ,-.r. � Federal National Mortgage Association rq rri r-1 COURT OF COMMON PLEAS X Cumt;Lfland COUNTY DEFENDANT -0. Kelly Lynn Hoon,In her capacity as Executrix of the Estate COURT NO. 113o2956 zz C of Clarence Lamar Chubb,Deceased and In her capacity as <Q -7" Devises C-) C'-)—I SERVE UPON: fV Kelly Lynn Hoon,In her capacity as Executrix of the Estate TYPE OF ACTION of Clarence Lamar Chubb,Deceased and In her capacity as Devisee XX WRIT OF EXECUTION and Notice of Sheriffs Sale 4601 Chestnut Avenue Camp Hill,PA 17011 SPECIAL INSTRUCTIONS:please serve defendant personally Sheriffs Sale Date.121412013 or adult In charge of premises SERVED Served and made known to Defendant, an the l� day of 20 o'clock, H., at 44.011 k-"EMJjT-NZjM- CftApjjj C p;Commonwealth of PeAneylvania, in the manner -described below: Defendant personally served. Manager/Clerk of place of lodging In which Adult familgeember whom pyendant: resides. Defendant resides. Relationship is 0*jCjjl%jF_j Agent or person In charge of Defendants office Adult: In charge of Defendant's residence who or usual place of business. refused Other to give nametrelationship, Description: Age 5&. Height Weight WS Race Low S'x�Olher I AV gra6*4 —,a competent adult,being duly swam according to law,depose and state that I personally handed a true and correct copy of the WRIT OF EXECZM�otic Is 0 issued In the captioned case on the date and at the address indicated above, KIMBERLY GCURTY Swam to and subsfn'bed I ID#2295304 before this day NOTARY PUBLIC of '11AW 20 I'l L STATE OF NEW JERSEY P. 118 Notary: By:' -018 My Commission Expires MarCh 7? P NOT S On the't" day 20�_.at o'clock M.,Defendant NOT FOUND because: Moved Unknown No Answer Vacant Time of Attempt: Result: Date of Attempt: Sworn to and subscribed before me this_day of 200_, Notary: ATTORNEY Martha E.Van Rosenstlet,P.C. 649 South Avenue,Unit 6 Secane,PA 19018 610.328-2857 • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson °�� s_.. -i , P;C„„`` S h e r i f f € T H E PROTHONOTARY ”,‘,t1p of ;Arita r, A r� f. Jody S Smith ;r, , .,t i 3 to 11 PM 5: 3? Chief Deputy "° Richard W Stewart . „ r CUMBERLAND COUNTY Solicitor OFFICE.OF TRE$* RIFF PENNSYLVANIA Federal National Mortgage Association vs. Case Number Kelly Lynn Hoon, In Her Capacity as Executrix of the Estate of Clarence Lamar 2013-2956 SHERIFF'S RETURN OF SERVICE 09/27/2013 02:26 PM-Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 43601 Chestnut Avenue, Hampden -Township, Camp Hill, PA 17011, Cumberland County. 09/30/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $510.86 SO ANSWERS, • December 09, 2013 RON R ANDERSON, SHERIFF • a pi • (d 55 LL /e' aif ow/9/ fre-/ ..)9933'2- (c)CountySuife Sheriff,Teleosofl,Inc. nr` , #32103CAM - DN MARTHA E. VON ROSENSTIEL, P.C. MarthaE. Von Rosenstiel, Esquire/No. 52634 SHERIFFS Heather Riloff, Esquire/No. 309906 Co�� 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE : COURT OF COMMON PLEAS r ASSOCIATION : CUMBERLAND COUNTY .. Plaintiff : G fri • r- VS. : -.<> � cow cp : NO: 13-2956 -� KELLY LYNN HOON, IN HER CAPACITY : = ti ; AS EXECUTRIX OF THE ESTATE OF : " z+ ' CLARENCE LAMAR CHUBB, DECEASED C AND IN HER CAPACITY AS DEVISEE Defendant(s) AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 Martha E. Von Rosenstiel,P.C. by the undersigned attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 4601 Chestnut Avenue, Camp Hill, PA 17011: 1. Name and address of owners(s) or reputed owner(s) Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased and in her capacity as Devisee 632 Davis Drive New Cumberland, PA 17070 2. Name and address of defendant(s) in the judgment: Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased and in her capacity as Devisee 632 Davis Drive New Cumberland, PA 17070 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: NONE 5. Name and address of every other person who has any record lien on the property: x NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7.Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Department of Revenue Inheritance Tax division, P.O. Box 280601 Harrisburg,PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 . Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Cumberland County Adult Probation 4 East Liberty Avenue Carlisle, PA 17013 4 • Occupant 4601 Chestnut Avenue Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY l ... _ 10 Martha E. Von 'os,',stiel, Esquire Heather Riloff, k e i i e Attorneys for Plainti Dated: July 01, 2013 32103CAM-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire I No. 52634 Heather Riloff, Esquire /No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE : COURT OF COMMON PLEAS ASSOCIATION : CUMBERLAND COUNTY Plaintiff • • vs. : No: 13-2956 KELLY LYNN HOON, IN HER CAPACITY AS EXECUTRIX OF THE: ESTATE OF CLARENCE LAMAR CHUBB, DECEASED AND IN HER CAPACITY AS DEVISEE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 4601 Chestnut Avenue Camp Hill, PA 17011 will be sold by the Sheriff of Cumberland County on Date of Sale: December 04, 2013 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 13-2956 in the Court of Common Pleas of Cumberland County by Federal National Mortgage Association, Plaintiff against Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased and in her capacity as Devisee, Defendant(s). Judgment was entered on July 02, 2013 in the amount of$131,606.70. The property was seized and taken in execution as the property of Kelly Lynn Hoon, in her capacity as Executrix of the Estate of Clarence Lamar Chubb, Deceased and in her capacity as Devisee. The property to be sold at Sheriff's Sale is described as follows: t All that certain piece or parcel of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: Beginning at point at the Northwest corner of Clearview Drive and Chestnut Avenue on the Plan of Lots of Clearview Farms; thence south 51 degrees 26 minutes West along the northerly line of Chestnut Avenue a distance of 108.41 feet to a point; thence North 38 degrees 16 minutes West a distance of 57.24 feet to a point; thence North 3 degrees 5 minutes West a distance of 57.6 feet to a point on the southerly side of Clearview Drive; thence a North 86 degrees 55 minutes East along the southerly side of Clearview Drive a distance of 19 feet to a Opoint; thence continuing along Clearview Drive in an arc curving to the right having a radius of 145 feet for a distance of 112.97 feet to a point, the place of beginning. Tax ID #10-21-0279-134 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 13-2956. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. Ronny R. Anderson, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire /No. 52634 Heather Riloff, Esquire /No. 309906 Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 a #32103-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire I No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018. (610) 328-2887 • Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE : COURT OF COMMON PLEAS ASSOCIATION : CUMBERLAND COUNTY Plaintiff • • • VS. : NO: 13-2956 KELLY LYNN HOON, IN HER CAPACITY : AS EXECUTRIX OF THE ESTATE OF . CLARENCE LAMAR CHUBB, DECEASED : AND IN HER CAPACITY AS DEVISEE Defendant(s) LEGAL DESCRIPTION All that certain piece or parcel of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: Beginning at point at the Northwest corner of Clearview Drive and Chestnut Avenue on the Plan of Lots of Clearview Farms; thence south 51 degrees 26 minutes West along the northerly line of Chestnut Avenue a distance of 108.41 feet to a point; thence North 38 degrees 16 minutes West a distance of 57.24 feet to a point; thence North 3 degrees 5 minutes West a distance of 57.6 feet to a point on the southerly side of Clearview Drive; thence a North 86 degrees 55 minutes East along the southerly side of Clearview Drive a distance of 19 feet to a Opoint; thence continuing along Clearview Drive in an arc curving to the right having a radius of 145 feet for a distance of 112.97 feet to a point, the place of beginning. IMPROVEMENTS: Residential dwelling Tax Parcel# 10-21-0279-134 TITLE TO SAID PREMISES IS VESTED IN Clarence L. Chubb,by Deed from Clarence L.Chubb and Margie L. Chubb,his wife,dated 09/23/2004,recorded 10/27/2004 in Book 265,Page 4673. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 2013-2956 Civil • COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: . To satisfy the debt,interest and costs due FEDERAL NATIONAL MORTGAGE ASSOCIATION •� Plaintiff(s) From KELLY LYNN HOON,IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF CLARENCE LAMAR CHUBB,DECEASED AND IN HER CAPACITY AS DEVISEE (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: $131,606.70 L.L.: $.50 Interest from 7/3/2013 to 12/4/2013 at 6%-3,352.65 Atty's Comm: Due Prothy:$2.25 Atty Paid: $198.51 Other Costs: Plaintiff Paid: Date:7/5/2013 '•�� � David D. Buell,Prothonotary (Seal) : /L ',. e ,I,i//_ Deputy REQUESTING PARTY: Name: HEATHER RILOFF,ESQ. Address: MARTHA E.VON ROSENSTIEL,P.C. 649 SOUTH AVENUE,SUITE 7 SECANE,PA 19018 TRUE COPY FROM RECORD Attorney for:PLAINTIFF M Testimony whereof,I here unto set my hand and the seal of said Cou t Carlisle, j3 Telephone: 610-328-2887 This S daY of_�6Prothorrota 7 Supreme Court ID No.3t�q�G(a end yo'n c 1_ On August 26, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 4601 Chestnut Ave, Camp Hill, as Exhibit "A" filed with this writ and by this Reference incorporated herein. . Date: August 26, 2013 By: Real Estate Coordinator 81 :1 d 8- in [101 y .1.