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HomeMy WebLinkAbout14-3787 Supreme Court of Pennsylvania Court#of Comm Pleas For ` Prothonotary Use Only: >1nCovef�het . CUMBE "AND County Docket No: ,* -3 87 The information collected on this form is used solely for court administration pui poses. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S ❑x Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: WELLS FARGO BANK, Lead Defendant's Name: CHAD D. WESTBROOK A/K/A C NATIONAL ASSOCIATION,AS TRUSTEE FOR PARK CHAD WESTBROOK T PLACE SECURITIES, INC. ASSET-BACKED PASS- I THROUGH CERTIFICATES SERIES 2005-WCH I Dollar Amount Requested: ❑ within arbitration limits 0 Are money damages requested? ❑ Yes 0 No (Check one) ❑D outside arbitration limits N Is this a Class Action Suit? ❑ Yes KNo Is this an MDJ Appeal? ❑Yes Z No A Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen,Esq., Id.No.317124,Phelan Hallinan, LLP ❑ Check here if,you have no attorney (are a Self-Represented (Pro Se) Litigant) Nature of the Case: Place an"X"to the lett 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 include mass tort) ❑Employment Dispute: ❑Slander/Libel/Defamation Discrimination S C1 Other: ❑Employment Dispute:Other ❑Zoning Board F ❑Other: C T I MASS TORT ❑Other: O ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES B ❑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 ❑Mortgage Foreclosure:Commercial ❑Quo Warranto PROFESSIONAL LIABILITY ❑Partition ❑Replevin ❑ Dental ❑Quiet Title ❑Other: ❑Legal ❑Other: ❑Medical ❑Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 Lw JL11,I27 €MI!' 04 (,-U nLANG COUNTY PENNSYL` AVIA PHELAN HALLINAN,LLP Michael Dingerdissen,Esq.,Id.No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,NATIONAL ASSOCIATION, AS TRUSTEE FOR PARK PLACE SECURITIES, COURT OF COMMON PLEAS INC. ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005-WCH1 CIVIL DIVISION C/O OCWEN LOAN SERVICING, LLC 1661 WORTHINGTON ROAD, SUITE 100 TERM WEST PALM BEACH, FL 33409 NO. 14-3`7$q LVA LT�r� Plaintiff V. CUMBERLAND COUNTY CHAD D. WESTBROOK A/K/A CHAD WESTBROOK 1118 PETERSBURG ROAD BOILING SPRINGS, PA 17007-9509 KELLY D. WESTBROOK F/K/A KELLY D. SHANKLE A/K/A KELLY WESTBROOK 707 HANOVER MANOR APARTMENT 204 CARLISLE, PA 17013-2030 Defendants C-S � -$163.75 PD A`iT`� CIVIL ACTION - LAW C-�1433'7o2(n COMPLAINT IN MORTGAGE FORECLOSURE 0*30'17(90 File#: 931867 1. Plaintiff is WELLS FARGO BANK,NATIONAL ASSOCIATION, AS TRUSTEE FOR PARK PLACE SECURITIES, INC. ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005-WCHI C/O OCWEN LOAN SERVICING, LLC 1661 WORTHINGTON ROAD, SUITE 100 WEST PALM BEACH, FL 33409 2. The name(s) and last known address(es) of the Defendant(s) are: CHAD D. WESTBROOK A/K/A CHAD WESTBROOK 1118 PETERSBURG ROAD BOILING SPRINGS, PA 17007-9509 KELLY D. WESTBROOK F/K/A KELLY D. SHANKLE A/K/A KELLY WESTBROOK 707 HANOVER MANOR APARTMENT 204 CARLISLE, PA 17013-2030 who is/are the m6rtgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/08/2004 CHAD D. WESTBROOK and KELLY D. WESTBROOK made, executed and delivered a mortgage upon the premises hereinafter described to ARGENT MORTGAGE COMPANY, LLC , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1888, Page 4471. By Assignment of Mortgage recorded 07/16/2010 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201019203.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File#: 931867 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 03/31/2014: Principal Balance $124,753.64 Interest $25,782.39 09/01/2011 to 03/31/2014 Late Charges $260.45 Property Inspections $241.50 Appraisal/Brokers Price Opinion $2,125.00 Prior Servicer Fees(Property Inspections) $60.00 Escrow Deficit $6,223.47 Subtotal $159,446.45 Suspense Credit $534.66 TOTAL $158,911.79 7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,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) on the date(s) set forth thereon, and the temporary stay as File#: 931867 provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File#: 931867 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of$158,911.79,together with interest,costs,fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELANLINANjLP By: %�u ichael Dingerdissen,Esq.,Id.No.317124 Attorney for Plaintiff VERIFICATION I,Lori Ann Dasch hereby state that I am Contract Management Coordinator of OCWEN LOAN SERVICING,LLC,mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to OCWEN LOAN SERVICING,LLC for the mortgage loan which is the subject of this action. Plaintiff lacks sufficient information to make this verification because Plaintiff is not the entity which maintains the business records for the mortgage. OCWEN LOAN SERVICING,LLC is in possession and control of all documents and records supporting the statements in the foregoing complaint and therefore the servicer,rather than the Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account,and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: 06/13/2014 6 ame:Lori Ann Dasch Title:Contract Management Coordinator OCWEN LOAN SERVICING,LLC as servicer for WELLS FARGO BANK,NATIONAL ASSOCIATION,AS TRUSTEE FOR PARK PLACE SECURITIES,INC.ASSET-BACKED PASS- THROUGH CERTIFICATES SERIES 2005-WCHI File#: 931867 Name: WESTBROOK File#: 931867 LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract of land situate in south Middleton township, Cumberland county, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the centerline of township road no. 518, locally known as the petersburg road at corner of land now or formerly of Donald L. Kirkpatrick; thence by the land of Donald L. Kirkpatrick south 69 degrees 28 minutes 40 seconds west through an iron pin 297.56 feet to an iron pin; thence by land now or formerly of Edward E. Stambaugh and Ronald Wallace north 19 degrees 41 minutes 40 seconds west 146.89 feet to an iron pin; thence by land now or formerly of Ulysses G. Robinson north 68 degrees 53 minutes 40 seconds east, 290.94 feet to a spike in the center of township road no. 518; thence by the centerline of said township road south 22 degrees 15 minutes east 149.90 feet to a spike in the center of said road, the place of beginning. Parcel Number 40-12-0344-062 PROPERTY ADDRESS: 1118 PETERSBURG ROAD, BOILING SPRINGS, PA 17007- 9509 PARCEL #40-12-0344-062 File#: 931867 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK,NATIONAL OF CUMBERLAND COUNTY,PENNSYLVANIA ASSOCIATION,AS TRUSTEE FOR PARK PLACE SECURITIES, INC. ASSET-BACKED ' _3%7 (IT � PASS-THROUGH CERTIFICATES SERIES 2005- �- WCH l c Plaintiff(s) mco c_._ _ �—3 VS. ua r— CHAD t a t CHAD D. WESTBROOK A/K/A CHAD WESTBROOK ` KELLY D. WESTBROOK F/K/A KELLY D. SHANKLE A/K/A KELLY WESTBROOK 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 aloe 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)2439400 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 canbe 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 arrangenents 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 woksheet 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©nference 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 Michael Dingerdissen,Esq., Id.No.317124 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: CUSTOMAPPLICANT 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? 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 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 nd 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 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: AUTHORIZATION 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#l: 931867 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ; J `r Sheriffyj ciforit o Jody S Smith Chief Deputy t JUL 1 I Ali r Richard W Stewart Solicitor OFFICE OF THE 5 ERIFF CUMBERLAND C U A Ir { ENNS`{LDAN1A ► Wells Fargo Bank, N.A. vs. Chad D. Westbrook (et al.) Case Number 2014-3787 SHERIFF'S RETURN OF SERVICE 07/02/2014 02:11 PM - Deputy William Cline, 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 D. Westbrook at 1118 Petersburg Road, South Middleton Township, Boiling .rings, PA 17007. LIAM CL NE, DEPUTY 07/09/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Chad D. Westbrook, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 1118 Petersburg Road, South Middleton Township, Boiling Springs, PA 17007. Deputies were advised by the defendant's ex-wife that the defendant no longer resides at this address, she did not provide a forwarding address and the Boiling Springs Postmaster states that mail is still delivered to this address. SHERIFF COST: $55.78. SO ANSWERS, July 09, 2014 (c) : ;ountySute Sherif`:, Teleosoff, Inc. wei0 RON R ANDERSON, SHERIFF PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR PARK PLACE SECURITIES, INC. ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005-WCH1 Plaintiff vs. PROTHONOT 2014 JUL 2 1 All CLINBERLAND C PENNSYLVANOUNT',IA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CHAD D. WESTBROOK A/K/A CHAD : No. 14 -3787 -CIVIL TERM WESTBROOK KELLY D. WESTBROOK F/K/A KELLY D. : SHANKLE A/K/A KELLY WESTBROOK Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: -7 /alg, Svc Dept. File# 931867 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r. Sheriff s rrrntc OFT �r PRO TH o o TAR `r Jody S Smith Chief Deputy 1 r 2I4 AUG 22 PM 3: 09 - Richard 9Richard W Stewart - CUMBERLAND COUNTY Solicitor PENNSYLVANIA ©FF ICE OF Trt''i $PERIFF Wells Fargo Bank, N.A. vs. Chad D. Westbrook (et al.) Case Number 2014-3787 SHERIFF'S RETURN OF SERVICE 08/15/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Chad D. Westbrook, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 707 Hanover Manor, Apt. 204, Carlisle Borough, Carlisle, PA 17013. Deputies were advised by the current resident at this address that he has lived here for over a year and has never heard of the defendant. SHERIFF COST: $39.78 August 19, 2014 (c) CountySuite Sheriff, Teleosof, Inc. SO ANSWERS, RONNIC( R ANDERSON, SHERIFF PHELAN HALLINAN, LLP Kenya Bates, Esq., Id. No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 kenya.bates@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR PARK PLACE SECURITIES, INC. ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005-WCH1 Plaintiff vs. PR , TNO i i i9 20! II SEP -4 gi IC: I 0 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CHAD D. WESTBROOK A/K/A CHAD : No. 14 -3787 -CIVIL TERM WESTBROOK KELLY D. WESTBROOK F/K/A KELLY D. : SHANKLE A/K/A KELLY WESTBROOK Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: Date: 7/2i/e/ /nru, Svc Dept. File# 931867 PHELAN HALLINAN, LLP enya Bites, Esq., Id. No.203664 Attorney for Plaintiff q37,0/ /,/_6 CIP/r?o39 P13/vim Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1H-pROTHO:i0T�i:\ 20!kSEP 1 2 PM 3: 4A CUMBERLAND COLINTy PENNSYLVANIA Wells Fargo BankN.A. vs. Chad D, Westbrook (et al.) Case Number 2O14'3787 SHERIFF'S RETURN OF SERVICE 0805/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Chad D. Westbrook, buwas unable to Iocate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Served" at 1118 Pebersburg Road, South Middleton Township, Boiling SphnQs, PA 17007. On 7/2/2014 Deputies were advised by ex-wife Kelly D. Westbrook that the defendant has moved and she was unable to provide a good forwarding address for him and per the Boiling Springs Postmaster mail was still being delivered at that time to the address provided. On 8/15/14 Service was attempted at 707 Hanover Manor, Apt. 204, Carlisle, PA 17013 and deputies were advised by the current tenant that he (the currentenant) has Iived at this address for over a year and does not know the defendant. SHERIFF COST: $28.00 SO ANSWERS, September 05, 2014 RoN R ANDERSON, SHERIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 . J Li OCT -7 Ari PENNS YLVAMA Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 14 -3787 -CIVIL TERM WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR PARK PLACE SECURITIES, INC. ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005- WCH1 Plaintiff vs. CHAD D. WESTBROOK A/K/A CHAD WESTBROOK KELLY D. WESTBROOK F/K/A KELLY D. SHANKLE A/K/A KELLY WESTBROOK Defendants MOTION FOR SERVICE PURSUANT TO. SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint and the notice of Sheriff's Sale upon the above -captioned Defendant, CHAD D. WESTBROOK A/KJA CHAD WESTBROOK, by first class mail to CHAD D. WESTBROOK A/K/A CHAD WESTBROOK at PO BOX 525, BOILING SPRINGS, PA 17007-0535; at PO BOX 1, BOILING SPRINGS, PA 17007-0001; and the mortgaged premises, 1118 PETERSBURG ROAD, BOILING SPRINGS, PA 17007-9509; posting of the mortgaged premises, 1118 PETERSBURG ROAD, BOILING SPRINGS, PA 17007-9509; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers the following: 1 Attempts to serve Defendant, CHAD D. WESTBROOK A/K/A CHAD WESTBROOK, personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 1118 PETERSBURG ROAD, BOLT ING SPRINGS, PA 17007-9509. As indicated by the Return of Service, no service was made as the Defendant does not reside at said address. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit 2. The Sheriff of CUMBERLAND County attempted to serve the Defendant at 1118 PETERSBURG ROAD, CARLISLE, PA 17013. As indicated by the Return of Service, service was attempted at 1118 PETERSBURG ROAD, CARLISLE, PA 17013, and no service was made as the Defendant had moved, and does not reside at said address. Plaintiff , by and through its attorney, confirmed with the United States Postal Service that said address of 1118 PETERSUBRG ROAD, CARLISLE, PA 17013 does not exist. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "B". 3. The Sheriff of CUMBERLAND County attempted to serve the Defendant at 707 HANOVER MNR, APT 204, CARLISLE, PA 17013-2030. As indicated by the Return of Service, no service was made as the Defendant does not reside at said address. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit "D". 5. Plaintiff contacted the Prothontary's Office and as of September 23, 2014, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on September 23, PH # 931867 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs September 23, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit "E". 7. Plaintiff has reviewed its internal records and has not been contacted by the Defendant to bring loan current. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint and notice of Sheriff's Sale by first class mail; posting; and by publication. Date: 04 Respectfully submitted, PHELAN HALLINAN, LLP 17 By: Phel allinan, LLP Jo han 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 PH # 931867 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR PARK PLACE SECURITIES, INC. ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005- WCH I Plaintiff VS. CHAD D. WESTBROOK A/K/A CHAD WESTBROOK KELLY D. WESTBROOK F/K/A KELLY D. SHANKLE A/K/A KELLY WESTBROOK Defendants Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 14 -3787 -CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT I. FACTUAL BACKGROUND Attempts to serve Defendant, CHAD D. WESTBROOK A/K/A CHAD WESTBROOK, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 1118 PETERSBURG ROAD, BOILING SPRINGS, PA 17007-9509; at 1118 PETERSBURG ROAD, CARLISLE, PA 17013; and at 707 HANOVER MNR, APT 204, CARLISLE, PA 17013-2030. As indicated by the Return of Service, no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof. PH # 931.867 Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendant to bring loan current, Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. ld. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the Return of Service, the Sheriff has been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully P11# 931867 requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Additionally, 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 hand bills 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 the 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 the 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 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. Therefore, Plaintiff respectfully requests that the Court allow for service of the Notice of Sale upon Defendant in accordance with Pa. R. C. P. Rule 430 by first class mail and posting. III. CONCLUSION PH # 931867 As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint and Notice of Sheriff's Sale by first class mail, posting, and publication. Date: Respectfully submitted, PHELAN HALLINAN, LLP /O/(,#4/ By: Jonat):' obb, Esq., Id. No.312174 Atto ey for Plaintiff PH # 931867 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, NATIONAL Court of Common Pleas ASSOCIATION, AS TRUSTEE FOR PARK PLACE SECURITIES, INC. ASSET-BACKED • Civil Division PASS-THROUGH CERTIFICATES SERIES 2005- • WCH1 CUMBERLAND County Plaintiff No. 14 -3787 -CIVIL TERM vs. CHAD D. WESTBROOK A/K/A CHAD WESTBROOK KELLY D. WESTBROOK F/K/A KELLY D. SHANKLE A/K/A KELLY WESTBROOK Defendants CERTIFICATION OF SERVICE The undersigned Attorney hereby certifies that copies of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. CHAD D. WESTBROOK A/K/A CHAD WESTBROOK 1118 PETERSBURG ROAD BOILING SPRINGS, PA 17007-9509 CHAD D. WESTBROOK A/K/A CHAD WESTBROOK PO BOX 525 BOILING SPRINGS, PA 17007-0535 CHAD D. WESTBROOK A/K/A CHAD WESTBROOK PO BOX 1 BOLING SPRINGS, PA 17007-0001 KELLY D. WESTBROOK F/K/A KELLY D. SHANKLE A/K/A KELLY WESTBROOK 1118 PETERSBURG ROAD BOILING SPRINGS, PA 17007-9509 PH # 931867 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: /04// V Respectfully submitted, PHELAN HALLINAN, LLP By: Jonathan bb, Esq., Id. No.312174 Attorney for Plaintiff PH # 931867 Exhibit "A" Exhibit "B" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY oFc;nF -.F c r1..:..RIFF Wells Fargo Bank, N.A. vs. Chad D. Westbrook (et al.) Case Number 2014-3787 SHERIFF'S RETURN OF SERVICE 09/05/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Chad D. Westbrook, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Served" at 1118 Petersburg Road, South Middleton Township, Boiling Springs, PA 17007. On 7/2/2014 Deputies were advised by ex-wife Kelly D. Westbrook that the defendant has moved and she was unable to provide a good forwarding address for him and per the Boiling Springs Postmaster mail was still being delivered at that time to the address provided. On 8/15/14 Service was attempted at 707 Hanover Manor, Apt. 204, Carlisle, PA 17013 and deputies were advised by the current tenant that he (the current tenant) has lived at this address for over a year and does not know the defendant. SHERIFF COST: $28.00 SO ANSWERS, September 05, 2014 ici CountfSudo Shentl Solcasott Inc Exhibit "C" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 01 of Caaiitotr Lnp� OF eF T -F ¶ F'IP Wells Fargo Bank, N.A. vs. Chad D. Westbrook (et al.) Case Number 2014-3787 SHERIFF'S RETURN OF SERVICE 08/15/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Chad D. Westbrook, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 707 Hanover Manor, Apt. 204, Carlisle Borough, Carlisle, PA 17013. Deputies were advised by the current resident at this address that he has lived here for over a year and has never heard of the defendant. SHERIFF COST: $39.78 SO ANSWERS, August 19, 2014 .c) CountvSmto Sheriff Toleosoft In;, Exhibit "D" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 931867 Attorney Firm: Phelan Hallinan, LLP Subject: Chad D. Westbrook & Kelly D. Westbrook Property Address: 1118 Petersburg Road, Boiling Springs, PA 17007 Possible Mailing Address: (Chad D. Westbrook) 1118 Petersburg Road, Carlisle, PA 17013 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Chad D. Westbrook - xxx-xx-0685 Kelly D. Westbrook - xxx-xx-3659 B. EMPLOYMENT SEARCH Chad D. Westbrook & Kelly D. Westbrook - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Chad D. Westbrook reside(s) at: 1118 Petersburg Road, Carlisle, PA 17013 & Kelly D. Westbrook reside(s) at: 1118 Petersburg Road, Boiling Springs, PA 17007. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Chad D. Westbrook & Kelly D. Westbrook. B. On 07-18-14 our office made several telephone calls to a possible phone number of the subject(s) (717) 254-6089 and received the following information: no answer. On 07-18-14 our office made a telephone call to a possible phone number of the subject(s) (717) 258-1206 and received the following information: not in service. On 07-18-14 our office made several telephone calls to a possible phone number of the subject(s) (717) 249-3273 and received the following information: answering machine. On 07-18-14 our office made several telephone calls to a possible phone number of the subject(s) (717) 241-2929 and received the following information: no answer. III. INQUIRY OF NEIGHBORS On 07-18-14 our office made several phone calls in an attempt to contact Jeanne M. Kirkpatrick (717) 258-6429,1122 Petersburg Road, Boiling Springs, PA 17007: answering machine. On 07-18-14 our office made several phone calls in an attempt to contact Jason Folk (717) 422-5800,1115 Petersburg Road, Boiling Springs, PA 17007: answering machine. On 07-18-14 our office made several phone calls in an attempt to contact Ulysses G. Robinson (717) 258-6302,1114 Petersburg Road, Boiling Springs, PA 17007: spoke with an unidentified female who could not confirm that the subjects reside(s) at 1118 Petersburg Road, Boiling Springs, PA 17007. On 07-18-14 our office made a phone call in an attempt to contact Arthur J. Bittinger (717) 243-6900,131 Petersburg Road, Carlisle, PA 17013: not in service. On 07-18-14 our office made several phone calls in an attempt to contact James M. Frey (717) 254-6242,121 Petersburg Road, Carlisle, PA 17013: answering machine. On 07-18-14 our office made several phone calls in an attempt to contact Marlin E. Lear (717) 249-2263,117 Petersburg Road, Carlisle, PA 17013: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 07-18-14 we reviewed the National Address database and found the following information: Chad D. Westbrook -1118 Petersburg Road, Carlisle, PA 17013 & Kelly D. Westbrook -1118 Petersburg Road, Boiling Springs, PA 17007. B. , ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Chad D. Westbrook) 1118 Petersburg Road, Carlisle, PA 17013. V. OTHER INQUIRIES A. DEATH RECORDS As of 07-18-14 Vital Records and all public databases have no death record on file for Chad D. Westbrook & Kelly D. Westbrook. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Chad D. Westbrook -1975 Kelly D. Westbrook - not available B. A.K.A. Kelly D. Shankle * 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 e •penaltie -f ., : ,' a .5 'ec: 490 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. Exhibit "E" Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX. #: 215-568-7616 Noeleen R. Urmson Ext. 1469 Representing Lenders in Service Department Pennsylvania September 23, 2014 CHAD D. WESTBROOK A/K/A CHAD WESTBROOK 1118 PETERSBURG ROAD BOILING SPRINGS, PA 17007-9509 CHAD D. WESTBROOK A/K/A CHAD WESTBROOK PO BOX 525 BOILING SPRINGS, PA 17007-0535 CHAD D. WESTBROOK A/K/A CHAD WESTBROOK POBOX I BOILING SPRINGS, PA 17007-0001 KELLY D. WESTBROOK F/K/A KELLY D. SHANKLE A/K/A KELLY WESTBROOK 1118 PETERSBURG ROAD BOILING SPRINGS, PA 17007-9509 RE: WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR PARK PLACE SECURITIES, INC. ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005-WCH1 v. CHAD D. WESTBROOK A/K/A CHAD WESTBROOK and KELLY D. WESTBROOK F/K/A KELLY D. SI-IANKLE A/K/A KELLY WESTBROOK Premises Address: 1118 PETERSBURG ROAD, BOILING SPRINGS, PA 17007-9509 CUMBERLAND County, No. 14 -3787 -CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, service of the complaint by first class mail and posting of the mortgaged premises. Please respond to me within one week, by 1Ju I-.- . PH # 931867 Should you have any further questions or concerns, please do not hesitate to contact me.. Otherwise, please be guided accordingly. Very truly yours, Jon , Id, N0,312174 Attorney for Plaintiff PH # 931867 Namc and Address Of Sender Total Number of Pieces Listed by Sender Phelan Hallinan, LLP 1617 WK Boulevard, Suite 1400 One Penn Center Plaza Philadel.hia, PA 19103 NR SD Name of Addressee Stree and Post Office Address KELLY D. WESTBROOK F/K/A KELLY D. SHANKLE A/K/A KELLY WESTBROOK 1118 PETERSBURG ROAD BOILING SPRINGS, PA 17007-9509 Chad D. Westbrook a/k/a Chad Westbrook 1118 PETERSBURG ROAD BOILING SPRINGS PA 17007-9509 CHAD D. WESTBROOK A/K/A CHAD WESTBROOK PO BOX 525 BOILING SPRINGS, PA 17007-0535 CHAD D. WESTBROOK A/K/A CHAD WESTBROOK PO BOX 1 BOILING SPRINGS, PA 17007.0001 Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) Form 3877 ;Facsimile c.=r .arae sx requited nn all do tic and international registered mail. The m: for the tcconstruction of nonnegotiable documents under Express Mad document' reconstruction piece subject to a limit of S5110.090 per occurrence. -Me maximum indemnity payable on Express rite maximum indemnity payable is 525,000 fou regtsrercd moil, cent with optional iuturance. Se . } S9i3 xttd S92i tnr limitations of cover c r r .^r PH # 931867 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NATIONAL. ASSOCIATION, AS TRUSTEE FOR PARK PLACE SECURITIES, INC. ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005- : WCH1 Plaintiff vs. CHAD D. WESTBROOK A/K/A CHAD WESTBROOK KELLY D. WESTBROOK F/K/A KELLY D. SHANKLE A/K/A KELLY WESTBROOK Defendants AND NOW, this 9' ORDER Court of Cnmmon Pleas Civil Division CUMBERLAND County No. 14 -3787 -CIVIL TERM day of a 14e , 2014, upon consideration of Plaintiff's motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendants, CHAD D. WESTBROOK A/K/A CHAD WESTBROOK, by: 1. Posting of the premises: 1118 PETERSBURG ROAD, BOILING SPRINGS, PA 17007-9509 by the Sheriff or a non-party competent adult; and 2. First class mail to CHAD D. WESTBROOK A/K/A CHAD WESTBROOK at PO BOX 525, BOILING SPRINGS, PA 17007-0535; at PO BOX 1, BOILING SPRINGS, PA 17007-0001; and the mortgaged premises located at 1118 PETERSBURG ROAD, BOILING SPRINGS, PA 17007-9509. Service by mail is complete upon the date of mailing. PH # 931867/NRU It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. /BY T COURT: *Prior to fulfilling the requirements of service of Notice of Sale as set forth attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the successful, Plaintiff may proceed with service of the Notice of Sale in confor Cc: CHAD D. WESTBROOK A/K/A CHAD WESTBROOK 1118 PETERSBURG ROAD, BOILING SPRINGS, PA 17007-9509 CHAD D. WESTBROOK A/K/A CHAD WESTBROOK PO BOX 525 BOILING SPRINGS, PA 17007-0001 CHAD D. WESTBROOK A/K/A CHAD WESTBROOK PO BOX 1 BOILING SPRINGS, PA 17007-0001 this Order, Plaintiff must first nt this attempted service is not y with this Order. KELLY D. WESTBROOK F/K/A KELLY D. SHANKLE A/K/A KELLY WESTBROOK 1118 PETERSBURG ROAD BOILING SPRINGS, PA 17007-9509 1144yJ.LO Co y (712a_,•tEct to/9n f PH # 931867/NRU PHELAN HALLINAN, LLP Kenya Bates, Esq., Id. No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 kenya.bates @phelanhallinan.com 215-563-7000 WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR PARK PLACE SECURITIES, INC. ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005-WCH1 Plaintiff vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CHAD D. WESTBROOK A/K/A CHAD : No. 14 -3787 -CIVIL TERM WESTBROOK KELLY D. WESTBROOK F/K/A KELLY D. : SHANKLE A/K/A KELLY WESTBROOK Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: Date: 44/4 /sdk, Svc Dept. File# 931867 PHELN HALLINAN, LLP Kenya Bates, E q., Id. No.203664 Attorney for Plaintiff aniti pc/ a CL -4 Pico -�# 3iastsia Phelan Hallinan, LLP PETER WAPNER, Esq., Id. No.318263 peter.wapner@phelanhallinan.com 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 'ATTORNEYS FOR PLAINTIFF WELLS FARGO BANK, NATIONAL ASSOCIATION, . AS TRUSTEE FOR PARK PLACE SECURITIES, INC. . ASSET-BACKED PASS-THROUGH CERTIFICATES . SERIES 2005-WCH1 Plaintiff vs. CHAD D. WESTBROOK A/K/A CHAD WESTBROOK KELLY D. WESTBROOK F/K/A KELLY D. SHANKLE A/K/A KELLY WESTBROOK Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 14 -3787 -CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, CHAD D. WESTBROOK A/K/A CHAD WESTBROOK at 1118 PEI'tRSBURG ROAD, BOILING SPRINGS, PA 17007-9509, PO BOX 1, BOILING SPRINGS, PA 17007-0001 , and PO BOX 525, BOILING SPRINGS, PA 17007-0535 on October 30, 2014, in accordance with the Order of Court dated October 9, 2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan, LLP DATE: PH # 931867 OA -yr - PETER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff Phelan Hallinan, LLP AFFIDAVIT OF SERVICE BY POSTING WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR PARK PLACE : SECURITIES, INC. ASSET-BACKED PASS- THROUGH CERTIFICATES SERIES 2005-WCH1 : Plaintiff V. CHAD D. WESTBROOK A/K/A CHAD WESTBROOK KELLY D. WESTBROOK F/K/A KELLY D. SHANKLE A/K/A KELLY WESTBROOK Defendant Service Instructions: PLEASE POST BY: 11/21/2014 Serve CHAD D. WESTBROOK A/K/A CHAD WESTBROOK at 1118 PETERSBURG ROAD, BOILING SPRINGS, PA 17007-9509 by posting the property in accordance with the court Order. Served Court of Common Pleas Civil Division CUMBERLAND County No. 14 -3787 -CIVIL TERM Posted and made known to CHAD!P. WESTBROOK A/K/A CHAD WESTBROOK, Defendant on the C) 414 OVe wt Le g• day o 20 I o'clock, M., at 1118 PETERSBURG ROAD, BOILING SPRINGS, PA 17007-9509, in the manner described below: )46. Property Posted Other: e Property was not pos beca se acomp dnt a ult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: PH # 931867 NAME: PRINTED TITLE: