Loading...
HomeMy WebLinkAbout00-04969 - < ;j..-,. Ulllj;i't- HOMESIDE LENDING, INC, SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY Plaintiff . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. OC> - .tt9b? e,it ( <... I~ CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE JEFFREY A. GOSS AND MELISSA A. GOSS Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOT ICE 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 the 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA ,DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO, PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300, Cumberland County Bar As.sociation 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 , HOMES IDE LENDING, INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vs. JEFFREY A. GOSS AND MELISSA A. GOSS CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 91601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid, If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff -, ,.{ ,-,~, --~.' 1!f!f;>; I " i:: I,., .- ,-; .'~ - - '~ , ".: HOMES IDE LENDING, INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, fO. '19(. <j 0..MT.u.- vs. JEFFREY A, GOSS AND MELISSA A. GOSS CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE Defendants COM P L A I N T 1. Plaintiff, HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY, is a corporation, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256, 2. Defendant, JEFFREY A, GOSS, is an adult individual whose last known address is 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. Defendant, MELISSA A, GOSS, is an adult individual whose last known address is 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about December 20, 1996, the said Defendants executed and delivered a Mortgage Note in the sum of $87,400,00 payable to BARNETT MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. Homeside Lending, Inc. is Successor by merger to Barnett Mortgage Company. Said Mortgage is incorporated herein by reference and attached hereto and marked Exhibit "B". -= " -- d 5, The land subject to the Mortgage is: 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "e" attached hereto, 6, The said Defendants are the real owners of the land subject to the Mortgage, 7, The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on February 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 84,336.29 (b) Interest at $17.61 per day from 1/1/00 to 8/1/00 (based on contract rate of 7.625%) 3,733.32 (c) Accumulated Late Charges 152.06 (d) Late charges at $30.44 per month for 7 months 213.08 (e) Escrow Deficit 86,43 (f) 5% Attorney's Commission' 4,216.81 $ 92,737.99 *Together with interest at the per diem rate noted in (b) above after August 1, 2000 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale, If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff, 8. No judgment has been entered upon said Mortgage in any jurisdiction. j', ,--,~ '-'J~ ,- - ~ '- \. .-.- --".; ~i.: 9, Notice of intention to forec~ose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10, Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11, The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983, WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.625% ($17.61 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. PUR~CELL' K HAL By~ L...-:Geo . Hal Attorney for Plaintiff I.D. #15700 1719 N, Front Street Harrisburg, Pa, 17102 (717) 234-4178 I; I "' II, I ,d.~IUi~".ailill_ j "~ fi,j;! ~".'- E'Xhltit '\A" ~' ,.~.< I : kll~ul~~ji.iliil......l_~ ".- ..1 ",-," "" III"~IJIIL,,,I._._I'-'_....... . ~ ."..i...J.I,".'...........,,,'"""'" "ii jlllldlj~~Wl.jI.iJ,ui~;i -- ,-, -.- ,- ^"" ;,jB~'i; EXfHbif 8" " i Iti Ilil.illlll,>>j ~ullililllliillii.&l~I,l U~i , . ' :'.,. '; ~"t"._' ,... tnEA llECOIU)INIl rET~h 1 0 6,.p:lNl' rT- 'MrJ~1'Otl,,,r 1'8....1-1-' (. I IJUBUA.M~,,________ __ I', ,.~ . ~,j '1~1I11'II.JMidlll.l.lJillllt.ui ,ii.. i' c- ~ 6i. ,'~ .'lJ ,~.- ,I II .. i II ~" Iii ~..~~._i~Ii.~ - ,i ~ . as III i I illjllJiillllih...li~iiM.Ji ~ ~',i ;.~'Si~~ , f " .. . '" ,I JI,iii~.WiJHU ~. ,"""- 1,lj~J.It,iJ..lIiIiIlllii.lliilli~~. =~ h' ~-~~.-. .~'-~ - ~ i1;~r : ..~ (5 . ',I Lw,,~~,IlI~liWlij~Uail.~~'~~ I, . . ----------- li"'ljllll$\i~~M~", t!~ I IdllJli~~IW.'llliIul.l , 'I~""",idf (8 EXhibl+ 'Ie . --"~ . ',-., \. . -, -~ ,~ , -JlJi!If;!:' . . VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff Homeside Lending, Inc. Successor by merger to Barnett Mortgage Company that said facts contained herein are made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities. Date: July 11, 2000 ~~.. Leon P. Haller, Esquire . ~ -~~ '"" <. HOMESIDE LENDING, INC, SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY, PLAINTIFF VS. JEFFREY A, GOSS AND MELISSA A. GOSS, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 04969 IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants JEFFREY A. GOSS AND MELISSA A. GOSS for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $17,61 from 1/1/00 to 8/1/00) Accumulated late charges Late charges ($30,44 per month to 8/00) Escrow Deficit 5% Attorney's Commission $84,336,29 $ 3,733,32 $ 152,06 $ 213.80 $ 86,43 $ 4.216.81 TOTAL $92,737.99** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & By Leon P. Hal er #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 I:\HQME\MKF\DOCS\GUMBERLA\GOS.P , .-, ~ .~ ~ ". ---~ &:'. !II HOMES IDE LENDING, INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY, PLAINTIFF VS, JEFFREY A. GOSS AND MELISSA A. GOSS, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 04969 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on FEBRUARY 21, 2001 I served the Ten Day Notice required by Pa. R.C.P, 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice, By Leon P. Haller P I.D. #15700 Attorney for plaintiff Purcell, Krug & Haller 1719 North Front St, Harrisburg, PA 17102 . , "<'I "'f~~"- ., , ",; .. HOMES IDE LENDING, INC, SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 -4969 Vs, JEFFREY A. GOSS AND MELISSA A, GOSS CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Defendants DATE OF THIS NOTICE: February 21, 2001 TO: JEFFREY A, GOSS 162 EAST PARK STREET ELI ZABETHTOWN , PA 17022 MELISSA A. GOSS 808 FISHING CREEK ROAD NEW CUMBERLAND, PA 17070 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 (10) 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717-249-3166 By 'URCELL,~UG & ~ Leon P. Haller ~ Attorney for Plaintiff 1. D, #15700 1719 N. Front Street Harrisburg, PA 17102 717-234-4178 ,.-' '" ''"'-''f., ."f( :li . '. HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY, PLAINTIFF VS. JEFFREY A, GOSS AND MELISSA A, GOSS, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 04969 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You following captioned are hereby notified that judgment has been entered matter: on~ /4,~J against you in the the above- $92,737.99 and for the sale and foreclosure of your property located at: 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PA 17055 Dated: J, (4-01 c~ ,~ -- PROTH NOTARY , r Attorney for Plaintiff: Leon p, Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234 -41 78 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R,C,P. No, 236: Jeffrey A, Goss 162 East Park Street Elizabethtown, PA 17022 Melissa A. Goss 808 Fishing Creek Road New Cumberland, PA 17070 1:\HOME\MKF\DOCS\CUMBERLA\GOS8.N ""'^,' o-_~IMI~~~lilm.~~~~"'M::r."ilirM,"~!@iliW;;;li~;i~~"""-~I-""""""---""';~ ?tJ \ ~ \ \; 1:'" ft- . ~~.~-~--~lIP"ii ~"'~~ "':.--- s ~ I'- -. ' t -.. C> <::><:' ~ ""'I f'-' . ~ @0~ -..J ~ ",-1"'-.,-., ~' ~ ~ 'cJ t ~ ~ r '-.N \ "- i-- ~ --.... .......... ~ --- \>",' ,.. ,~,- &. ... .;c;, 0 0 0 C --"1 ?-;. - ___1 -0 C' ~..... mr~ )~,'" -:'n Z::r, :;:;J ,- t1~:~ - " .J;:'" ;::1 --"..L_ ::::~ (~) r.:::O "i; \J -r, ~O 0 "T! -~,~ 0 j>2 ~ Om ~ _-l j:"" 55 w -< ~ ~. ~-~ " , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2000 04969 HOMESIDE LENDING, INC, SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY, PLAINTIFF TOTAL AMOUNT / OF JUDGMENT $ 92,737.99 v Interest at $17.61 per diem to sale date $ 5,441.49 Late charges at $30,44 per month to sale date $ 304.40 Escrow Deficit $ 2,000.00 TOTAL $100,483.88* VS, JEFFREY A. GOSS AND MELISSA A, GOSS, DEFENDANT(S) *SALE DATE: WEDS.,JUNE 6, 2001 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Leon p, Haller PA I,D, #15700 se, Issue Writ of Execution in the above Date: March 12, 2001 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS, COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PA 17055. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ,.',-,- , ~. . <. ~. ~.' .;j,- " , ALL THAT CERTAIN house and lot of ground situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, known as Lot No. 1 in Plan No. 1 of Bungalow sites as laid out by Charles Eberly, which plan of lots is recorded in the office for the recording of deeds in and for the County of Cumberland aforesaid, in Plan Book NO._2, Page 71, and more particularly bounded and described as follows, to wit: BEGINNING at a stake on the bank of the Conodoguinet Creek at Farm Corner; thence along the line of a public street as shown on plan of Emander Realty Company, South 59 degrees and 15 minutes West, three hundred seventeen (317) feet, more or less, to a point; thence along the northern side of a fifty (SO) foot wide public street, South 37 degrees 30 minutes East, one hundred and two (102) feet, more or less, to an iron pin; thence along the western line of a thirty (30) foot wide public street, North 52 degrees 30 minutes East, three hundred and fifteen (315) feet to a point on the bank of the Conodoguinet Creek; thence up said Creek, North 37 degrees and 30 minutes West, sixty-five and six- tenths (65,6) feet, more or less, t.o the place of BEGINNING, EXCEPTING, however, and not intending to be included in this conveyance, a tract twenty (20) feet square, more or less, situate at the southeast corner of the land above-described, and being the same tract of real estate which Frank A. Childs and Lulu M, Childs, his wife, by deed dated July 31, 1935, and recorded in Cumberland County, Pennsylvania, Deed Records, Vol, 11-0, Page 122, conveyed to C.D. Bonsall and wife. HAVING THEREON ERECTED A DWELLING KNOWN AS 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PA, BEING THE SAME PREMISES WHICH Jeffrey A, Goss and Melissa A, Goss by deed dated 12/23/99 and recorded 12/27/99 in Deed Book 213 Page 984 granted and conveyed unto Jeffrey A. Goss, TO BE SOLD AS THE PROEPRTY OF JEFFREY A. GOSS ON JUDGMENT NO, 2000 04969. PARCEL: 10-20-1844-078 .1l!J~~iliiMa _!ilitd.le~~i!!l!!t!f'Wo!d~~$,1;;l -, ""~~"', ~" ium - <;,2 v,. ~ - "'" ~-'" ... i I \ \ G, ~ \,,)J ~ (,,\ ~ ~ c1' <::;- <:', 0, ~ E>- (j.. C>J c:><.' -t> ~ ~~ ~ }---~ -S\ W ~ ~-f::- , CJ' ';;J~6.~ -ot-t't cJ ~, '...'x-.-,,,__,^__,, ,~",,_ ",-,_..",,,~,=",,.,,,,,,,,,,, "". _, ,. M,~."" _ _, ,>-., '... ..~ . ,_~ ,J ,'_, ,,,~ , ~ ! , ~ (') 0 ,--, C 'j -.;t"'- -n "" :J:: -rJCtJ Tl'" nl_q:; ;;"" 'l=J Z" i-" Z-- --",iT"; (J)2:; r-'" ---:JC] -<L_ -::,~~~(S ~D -0 -,'- -r, ~O -'- ~5= -,0 .-0 ~ -j.-~__In )>c: ~ ~ t=" -,...; .t.- ~ !!! "~.~ - -.-<~ IN MORTGAGE FORECLOSURE .'Wlliilml.'! I I . I I i I I I I " I I I I I I I , i , i I I I i I , I I :1 i , <, < HOMESID8 LENDING, INC, SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY, PLAINTIFF VS, JEFFREY A. GOSS AND MELISSA A. GOSS, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2000 04969 AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 Th~ Plaintiff in the above action, by its attorneys, Purcell, Krug & Baller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): Jeffrey A. Goss a/k/a J~ff Goss 162 East, Park Street Elizabethtown, PA 17022 2, Name and address of Defendant (s) in the Judgm~nt, if different from that listed in (1) above: Melissa A, Goss 808 Fishing Creek Road New Cumberland, PA 17070 3, Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Keystone Financial Leasing Corporation 717 Constitution Drive Suite 204 Exton, PA 19341 Krista Olmstead 31 South West Street Carlisle, PA 17013 Krista Olmstead 637 South College Street Carlisle, PA 17013 Andrew W. Barbin, Esquire Attorney for Krista Olmstead 123 State Street Harrisburg, PA 17101-1025 =" ~. ~~ , , -.,,-' + Richard E, Phelan 735 S. Hanover Street Carlisle, PA 17013 Linda L, Phelan 735 S, Hanover Street Carlisle, PA 17013 Steve Nicholas, Esquire Attorney for Phelans 4409 N, Front Street Harrisburg, PA 17110-1709 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : 5, Name and address of every other person who has any record lien on the property: UNKNOWN 6, interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the UNKNOWN 7. Name and address of Plaintiff has knowledge who has may be affected by the sale: every other person of whom the any interest in the property which TENANTS IF ANY '" Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated,) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are mad subject to the penalties of 18 PA C.S. Section 4904 relatin 0 unsworn falsification to authorities. Leon P. Haller PA I,D, #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12, 2001 *"-t. ~ '.......'....rl_~l~.tm~~.'ri.,"'~5ilir--'it."-iliu',8"O. -~" ,~- ~. . "~ .-, " ,-,p' ~ _illi~ o c;: "" ~~ Z~ (f) C,c; -<",.- r::;C :;:::: eO 20 )>c;: ~ c, o ~ ~~ - o "n .,-' T 'i,,,," .,L::-' ~,(\9 '~--,~~ () :l:::~ r-, ~;...' '6~~ ~ ::0 -< " ::,; ~ "" .l'"" _._..~. ~ - ...~~." " ~- " , HOMES IDE LENDING, INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY, PLAINTIFF VS, JEFFREY A. GOSS AND MELISSA A, GOSS, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 04969 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 6, 201 TIME: 10:00 O'clock A.M, LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land, (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 5018 ERBS BRIDGE ROAD MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 04969 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: JEFFREY A. GOSS - Real OWner -~ ^ ,- ";f-' . _ - =, r d. .,~,~-'~j",;;">..;, "c",.!' -lilllL"ih~_;] , A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed, I Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein, THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away, A lawyer can advise you more specifically of these rights, If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc, 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1, You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the perSon or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you, 2, After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause, This ._..I.''''~'~ . " , petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3, A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County, The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ~.- .', ~- !{.~-~ , :i I' I; II I~ I~ ;\ i~ \1 i~ " 11 I~ ~~ -~ - J" . ~ ., -~l , ALL THAT CERTAIN house and lot of ground situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, known as Lot No.1 in Plan No.1 of Bungalow sites, as laid out by Charles Eberly, which plan of lots is recorded in the office for the recording of deeds in and for the County of Cumberland aforesaid, in Plan Book No, 2, Page 71, and more particularly bounded and described as follows, to wit: BEGINNING at a stake on, the bank of the Conodoguinet Creek at Farm Corner; thence along the line of a public street as shown on plan of Emander Realty Company, South 59 degrees and 15 minutes West, three hundred sev~nteen (317) feet, more or less, to a point; thence along the northern side of a fifty (50) foot wide public street, South 37 degrees 30 minutes East, one hundred and two (102) feet, more or less, to an iron pin; thence along the western line of a thirty (30) foot ,wide public street, North 52 degrees 30 minutes East, three hundred and fifteen (315) feet to a point on the bank of the Conodoguinet Creek; thence up said Creek, North 37 degrees and 30 minutes West, sixty-five and six- tenths (65,6) feet, more or less, to the place of BEGINNING, EXCEPTING, however, ,and not intending to be included in this conveyance, a tract twenty (20) feet square, more or less, situate at the southeast corner of the land above-described, and being the same tract of real estate which Frank A, Childs and Lulu M, C~ilds, his wife, by deed dated July 31, 1935, and recorded ln Cumberland County, Pennsylvania, Deed Records, Vol, 11-0, Page 122, conveyed to C,D. Bonsall and wife. HAVING THEREON ERECTED A DWELLING KNOWN AS 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PA. BEING THE SAME PREMISES WHICH Jeffrey A, Goss and Melissa A, Goss by deed dated 12/23/99 and recorded 12/27/99 in Deed Book 213 Page 984 granted and conveyed unto Jeffrey A. Goss. TO BE SOLD AS THE PROEPRTY OF JEFFREY A, GOSS ON JUDGMENT NO, 2000 04969, PARCEL: 10-20-1844-078 .l!illill~I!limLW!IJl~~~'1!/!'ii~~~~~_!li~~~"'J~.Jli"~'-";""~~,,"~01W~~illii~ ,..- ~ ~ ~~ ~ ,,- -~ , ._~' O' , c ~- .~ \ (') 0 0 C 'n < ;J!: "'U cri ~,;a rn rr j ;-;:J z"-u 21:;-' ~, ;j~9 ~~,2_ ~l._f .:::iC, ~:J ";-"--1", ~() ::!';: ~~~~ 15 c' '5>c N :'...;;rn ,-' Z -, :<1 &:" ? J:" _0 -< 'O=~'~ . Ob --'101 ~ itd I I I I I I I I i I I I I i I I I i i i I I O._~ \ " 1 Homeside Lending, Inc, Succesor by Merger to Barnett Mortgage Company -vs- Jeffrey A. Goss and Melissa Goss In the Court of Common Pleas of Cumberland County, Pennsylvania No, 2000-4969Civil R, Thomas Kline, Sheriff, who being duly sworn according to law says this writ, is returned Stayed, Sheriffs Costs: Docketing Poundage Law Library County Levy Surcharge Postpone Sale Out of County 30,00 2,29 ,50 1.00 15,00 30,00 20,00 18,00 $ 116,79 Paid by Atty 3/22/01 ~~~ Sworn and Subscribed To Before Me This il"t~Dayof ~ 2001A.D, ~t2~~- Prot 0 otary R. Thomas Kline, Sheriff By~;L",___j/L~ Real Estate Deputy I,~() ~ 3/ ~ 'f i~ ,=~ '~~~'~ ~" ~__ 0' ",-< '. ~ :Zj , HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY, PLAINTIFF VS, JEFFREY A. GOSS AND MELISSA A. GOSS, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2000 04969 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 5018 ERBS BRIDGE ROAD, MECHANICS BURG , PA 17055: 1, Name and address of the Owner(s) or Reputed Owner(s): Jeffrey A, Goss a/k/a Jeff Goss 162 East Park Street Elizabethtown, PA 17022 2 , Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: Melissa A. Goss 808 Fishing Creek Road New Cumberland, PA 17070 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Keystone Financial Leasing Corporation 717 Constitution Drive Suite 204 Exton, PA 19341 Krista Olmstead 31 South West Street Carlisle, PA 17013 Krista Olmstead 637 South College Stzeet Carlisle, PA 17013 Andrew W. Barbin, Esquire Attorney for Krista Olmstead 123 State Street Harrisburg, PA 17101-1025 -~~~>~ '. - .~ '-#1 , , Richard E, Phelan 735 S. Hanover Street Carlisle, PA 17013 Linda L. Phelan 735 S. Hanover Street Carlisle, PA 17013 Steve Nicholas, Esquire Attorney for Phelans 4409 N, Front Street Harrisburg, PA 17110-1709 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : 5, Name and address of every other person who has any record lien on the property: UNKNOWN 6, interest sale: Name and address of in the property and UNKNOWN every other person who has any record whose interest may be affected by the 7. Name and address of Plaintiff has knowledge who has may be affected by the sale: every other person of whom the any interest in the property which TENANTS IF ANY '" Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are ma~,.subject to the penalties of 18 PA C.S, Section 4904 relating,~6 unsworn falsification to authorities, ..//-:/ -"' / _~-r '-~._-------- ..,;~:::~;;~-;) Leon P. Hall~r PA I,D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12, 2001 ""'""'..."~. . . ~'~'l\r{i , HOMESIDE LENDING, INC, SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY, PLAINTIFF VS, JEFFREY A, GOSS AND MELISSA A. GOSS, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2000 04969 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 6, 201 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 5018 ERBS BRIDGE ROAD MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 04969 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: JEFFREY A. GOSS - Real Owner ,ill- .~ - , - ~ ' " - ~ 010; , A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away, A lawyer can advise you more specifically of these rights, If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc, 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you, You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you, 2, After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This ,~.. " - ~ ' -~ J - "" .'. -.-~, , petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 -~ .-. , ~- ~ C'1;" , , t ALL THAT CERTAIN house and lot of ground situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, known, as Lot No. 1 in Plan No, 1 of Bungalow sites as laid out by Charles Eberly, which plan of lots is recorded in the office for the recording of deeds in and for the County of CUmberland aforesaid, in Plan Book No.2, Page 71, and more particularly bounded and described as follows, to wit: BEGINNING at a stake on the bank of the Conodoguinet Creek at Farm Corner; thence along the line of a public street as shown on plan of Emander Realty Company, South 59 degrees and 15 minutes West, three hundred seventeen (317) feet, more or less, to a point; thence along the northern,side of a fifty (50) foot wide public street, South 37 degrees 30 minutes East, one hundred and two (102) feet, more or less, to an iron pin; thence along the western line of a thirty (30) foot ,wide public street, North 52 degrees 30 minutes East, three hundred and fifteen (315) feet to a point on the bank of the Conodoguinet Creek; thence up said Creek, North 37 degrees and 30 minutes West, sixty-five and six- tenths (65,6) feet, more or less, to the place of BEGINNING, EXCEPTING, however, and not intending to be included in this conveyance, a tract twenty (20) feet square, more or less, situate at the southeast corner of the land above-described, and being the same tract of real estate which Frank A, Childs and Lulu M, C~ilds, his wife, by deed dated July 31, 1935, and recorded 1n Cumberland County, Pennsylvania, Deed Records, Vol, 11-0, Page 122, conveyed to C,D, Bonsall and wife, HAVING THEREON ERECTED A DWELLING KNOWN AS 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PA. BEING THE SAME PREMISES WHICH Jeffrey A, Goss and Melissa A. Goss by deed dated 12/23/99 and recorded 12/27/99 in Deed Book 213 Page 984 granted and conveyed unto Jeffrey A, Goss. TO BE SOLD AS THE PROEPRTY OF JEFFREY A. GOSS ON JUDGMENT NO, 2000 04969, PARCEL: 10-20-1844-078 -~ n , .. . , . . , . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANiA).: COUNTY OF CUMBERLAND) . ,,' h. NO. 00-4969 CIVIL 19 CIVIL ACTION. LAW TO THE SHERIFF OF CUMBERLAND COUNTY: Successor \,'ro satisfy the debt, interest and costs due Homeside Lending, Inc., by merger to Bai1'i;:tt Mortgage Company PLAINTIFF(S) from ,.Jeffrey A. Goss a/k/a Jeff Goss, 162 E. Park St., Elizabethtown PA 1702iand Melissa A. Goss, 808 Fishing Creek Road, New Cumberland PA 17070~ (1) You are directed to levy upon the property of the defendant(s) and to sell at 5018 Erbs Bridge Road, Mechanicsburg PA 17055. legal description.) DEFENDANT(S) Real estate located (See attached (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 notffy the garnisnee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 ofthe defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnlshee. you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated, ' Due Prolhy $.50 $1.00 Amount Due $92,737.99 1~~7~1/diem to 6/6/01 $5,441.49 L.L. Atty's Comm Atty Paid Plaintiff Paid % OtherCo~s Escrow Defici $2,OOO.00t Late charges @ $30.44/month to sale date $303.40 $393.55 Date: March 14, 2001 CURTIS R. LONG P otho tary, Civil Division / ! by: Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. 1719 N Front St Address: Attorney for: Telephone: Supreme Court ID No. Harrisburg PA Plaintiff 17102 (717) 234 4178 15700 ~,'~~'~-,,,, -.-,,,,,,,,"" ,'" 0 'W" "~mtirSi!i'- ~o<WiI~~%i.J,f;fujl;,!~J!f'<. -.rr.n~""<' ~ ~~, " ,,- '" ..~ -. ,'-' i .'Ii, "'.~'1!l"" '~ "I ''i!i ~ ;,n' 11 0A-C1. / (, I :Joo I interest in thf reai Dumberland County, fY)~and more Illi, " -~ -,~~, ~ ~_Ja ~--~ :.. ... ,. OJf7 'ON 31\1S 31\11S3 lV3M >> I c:;:::t fi GV\I , the snenn ieVleo upon the detenot , :tf ~p d..ur. ',mbered as: SOl 1'tJ,o But(p- Rd on Exhibit "A" filed with this writ and by this reference incorporated herein. lJate: ~/{p,2DO( By: 1!~ ~ -PepufLj~~ 'J " , VINHlJ,SNN3d ?i~:::1~n:\"'8 .. 101 Hd Ll Z SPfU B~hi~~j ~.~~ ~~,lrU,~~@ ~. ~-- "" ,,~ .. ,i ;t" :': . t~;.. \ '/, '" .- -~ - -;,"" SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-04969 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS GOSS JEFFREY A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT GOSS MELISSA A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE REINSTATED WITH NOTICE , NOT FOUND , as to the within named DEFENDANT , GOSS MELISSA A DEFENDANT NO LONGER RESIDES AT ADDRESS STATED DID NOT LEAVE A FORWARDING WITH THE P,O, Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 6.20 5,00 10,00 ,00 39.20 so~~ / ;7ir:~;line - Sheriff of Cumberland County PURCELL, KRUG & HALLER 12/14/2000 Sworn and subscribed to before me this Jrf3::: day of ~_j, .2b7ro A, D. ~ ~ 0 71u.e'R,., ~ Pr t onotary I ,''"" ~., ~~.,~ ...... - '.iff' ~ 1llBliIIlI~ -Wp'lJL' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-04969 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ' HOMES IDE LENDING INC VS GOSS JEFFREY A ET AL R, Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GOSS MELISSA A but was unable to locate Her in his bailiwick, He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE -RE On December 14th, 2000 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County DEPUTIZE YORK CO ,00 9.00 45.35 .00 ,00 54.35 12/14/2000 PURCELL, KRUG ~,. So answe : ~ R, Thomas Kline Sheriff of Cumberland County & HALLER Sworn and subscribed to before me this IYT!::- da.yof ~ .20v-0 A. D, ~~ r2 n,J/j,.~ ~ ' Prothonota y COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN i, "INSTRUCTIO"$ " " 'P,LEA~l::tyIl'EONLY LINE 1 TO 12 ',' .DONOT DETACH ANY COpiES 1. PLAINTlFFlSJ Hnmeside Lenclin 3. DEFENDANT/SI Inc. et. a.1_. 2. COURT NUMBER 20-4969 Civil 4. lYPE OF WRIT OR COMPLAINT Retnsatated /Nottce & 1 T/?V G, t a~. 5. NAME OF INDIVIDUAL GOMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROP SERVE .. AT { ]VIe'i,ssa A. Goss PERSONAL 6. ADDRESS (STREET OR FIFO WITH BOX NUMBER, APT NO., CITY, BORC, lVVP., STATE AND ZIP CODE 808 Fishtng Creek Road, New Cumber1_and, PA 17070 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE )Q DEPUTIZ!f' 11m ~qISP1TFf#~ a 1 ST CLASS MAIL NOW" 1; I?R/OO ,20_I,SHERIFFOFX@HKX:.9~.WA,.dohereb York COUNTY to ex ~ker to law, This deputation being made at the request and risk of the plaintiff, ~ SHERIF 'OF Y. PERSONAL SERVICE ONLY lJ POSTED 0 OTHEA 'ize the sheriff of er~of according " UNTY cumber -'.and OUT OF COUNTY CUMBERLAND 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCE FEE PAID BY ATTY NOTE. ONLY APPLICABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found In possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removai of any property before sheriff's sale thereof. 9, TY~Ep~D~~: AR&5':EY I ORIGINATOR and SIGNATURE 171S)N. FRClNTST.",HARRISBURG, PA 17102-2392 10. TELEPHONE NUMBER 11. DATE FILED (717) 234-4178 11/22/00 12. SEND NOTICE OF SERVICE COPY NAME AND ADDRESS BELOW: (ThiS area must be completed if notlce IS to be mailed). CUMBERLAND COlMTY SHERIFF SPACE BELOW FOR USE OF TH," SHER,IFF . DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ 14. DATE ReCEIVED 15. Expiration/Hearing Date or complaint as indicated above. J. LUCWIG 12/1/00 12/22/00 21.A POSTED ( POE( ) SHERIFF'S OFF ( ) OTHER ( SEE REMARKS 16. HOW SERVED: PERSONAL < 22. REMARKS 1~,zlcO heck No. o/3}J5 , 42. day of 44, Signature of Oep.Sheriff 45. Signature of York County Sheriff NILLIAM M. HOSE 46. Signature of Foreign County SheriN SIGNATURE ~..e..:ttx;:::;;;' ~" , 4?:iE f { 6V 48. OAT 51. DATE RECEIVED 1. WHITE ~ Issuing Authority 2. PINK. Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office " REOflYElJ'" OFTICE OF SHEIOfF YORK, PA 'OOOEe 1 PM 1 28 ", L'>~_M ~i , HOMESIDE LENDING, INC, SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTX, PENNSYLVANIA NO. dO-1..j q~4 (}jvi/ ...-- I e. orll vs, JEFFREY A. GOSS AND MELISSA A. GOSS CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE Defendants ~ THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT, ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOT ICE 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 the 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 'r:fJ<E THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Ave" Carlisle, PA 17013 717-249-3166 " Legal Services, Inc. a Irvine Row, Carlisle, PA 17013 717-243-9400 A V ISO LE BAN DEMANDADO A USTED EN LA CORTE, SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO, -PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMl\NDA, RECUERDE: SI US TED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION, ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CVMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA, POR RAZON' DE ESA DECISION, ES POSSIBLE QUE US TED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO CONOCE A UN AJ30GADO, LLlIME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300, Cumberland County Bar Association 2 Liberty Ave" Carlisle, PA 17013 717-249-3166 Legal Services', Inc. a Irvine Row, Carlisle, PA 17_013 717-243-9400 T~ copy FROM RECORD III T Mtlmutty whereof, I heftl UlIto Sit my nan.1 _tile. ~k1 C<<.n at . Carlisle. Pi. , ~J; . "~J~;mfEJ . ~ ~ _~"'_. O~ ~' ~" ~ ~ HOMESIDE LENDING, 'INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ,vs. JEFFREY A. GOSS AND MELISSA A. GOSS CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE Defendants ~ THE FOLLOWING NOTICE IS' BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U,S,C. 91601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid ,debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30} day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the plaintiff and mail same to, Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the "name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102-2392 (717}234-4178 Attorney ID #15700 Attorney for Plaintiff ;#- " !.~tm ~^ , ,. .,., HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, PENNSYLVANIA NO. vs. JEFFREY A. GOSS AND MELISSA A. GOSS CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE Defendants ~ COM P L A I N T 1. Plaintiff, HOMES IDE LENDING, INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY, is a corporation, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, JEFFREY A. GOSS, is an adult individual whose last known address is 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. Defendant, MELISSA A. GOSS, is an adult .-,. individual whose last known address is 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. 3. On,or about December 20, 1996, the said Defendants executed and delivered a Mortgage Note in the sum of $87,400.00 payable to BARNETT MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution 0f the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. Homeside Lending, Inc. is Successor by merger to Barnett Mortgage Company. Said Mortgage is incorporated herein by reference and attached hereto and marked Exhibit "B". " . ~ ~-c"~ '0 =-" -~. 'l~I,If'.~ 5, The land subject to the Mortgage is: 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly ,..~ described in Exhibit "C" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay th~ installment due on February 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principalbalance $ (b) Interest at $17.61 per day from 1/1/00 to 8/1/00 (based on contract rate of 7.625%) 84,336.29 3,733.32 (c) Accumulated Late Charges 152.06 (d) Late 'charges at $30.44 per month for 7 months 213.08 (e) Escrow Deficit 86.43 (f) 5% Attorney's Commission 4,216.81 $ 92,737.99 *Together with interest at the per diem rate noted in (b) above after August 1, 2000 and other charges and costs to date of Sherif.f's Sale. The attorney's fees set forth above,are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale, If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8.No judgment has been entered upon said Mortgage in any jurisdiction. -- ~..>~ ~" , .-. ,-"" "''''- 9, Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No, 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers a~d Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.625% ($17.61 per diem), together with other charges and costs including escrow advances incidental ,thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. PURCELL, K& -~....- ,.---- By" ,/'/ '-'''LeoK . Hal Attorney for Plaintiff I.D. #15700 0 1719 N. Front street Harrisburg, Pa. 17102 (717) 234-4178 ~".'-" ~; " EYhl[il "A" ,',.~ ~ I, ,.,b;jljJlijllljlnllilliJjj.lillllii~l~lIll:;i, jllllll.li!ll~"UIll~~il....~~JltlillliillMiRliIIi~lIIiIllIriliIl";""'''''''' -,_. -~*..,." '~ 1 h ~" ,I Lc..<.""",,,,"" - "'=--~ - "~ '~li1"Ii.~l.OlI""_~I~ "' ~-.................ibi.;;li.6.;_dJ ~Id~~" - '4iBI '" " eXhbd "e , -I~ili-" f', ! "-'-"' 1<;;,"'" "" . ,-..~=- ~" ~- ::'ii'! II Ib' ~ ; ".' ,f . ,'~ "l , . . . tnEA AECOAClINO rH~kri 10 6/ttfl."t' rT 'M~if11'1'1"''''ir 1"81''''''1', _ ____-'_~_L. _.[1U,~u~.M____..__. ______ .. ,,~ 'I' .. ~, ~;~ -'''it! 4_ ,,""""" ~-'~.""".. "!!t:'1 i~, . . ,,,,~, '~'~'ilil.~"; , ~,- ." . ., l' . .. .",,.11 "I~l-t~. .,-,-""" n . ., lJ<L,_ Ij" (5 fit "'::>'-' lll."n=",",<,~ -..... , " :WY_'_I! . fil~ Il J~~'~-~-" .~- , at L\J'.]"h:j. ~' d__J/t \y"" i' L Ill) --., .. . . . .. VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the f ~. orego~ng COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, Mortgage Company that said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~ Date: July 11, 2000 ~'/. .' ...----"~ , ---~-- ,:-.. ...~./.. .- ..------- /" Leon P. Haller, Esquire '. i > r.u:\ e :~" \liG'1-" . F "~'O l,~, :,Z, ': Ill: 0 '~' :'-," ,iI-x,'" oW 0' o Ci\Jl Q ~!z ",~ 1~ ~;~ ; ',: 00. .. . ~o . '1u 'I - ,>0 -..I Z '::- '8J ,~ ':;;,. ',1""'" ,;j ,:I) .""" ' ~,,, ;Z o ~:I) ~ ~ ~ f:-~'~'" ~~ ~iJ (/;) -J < Z o ~ >- ..... Z o W <;'",) ~ ~ ~ r!!i! ~ 1lfl!!l!I _ "~._<'~"""'~~'j!_l. _""_ I!.LE "' _~'7,,,'_"_' ," ,"'_, ,~, T_~JlI;!",*,'!i!"',",fi":'''l''''''"'''-;~"11~~~j)\lt:ilI!-'iI\lr!il@1~",.,..F' ,.fIl!lJ ~.'''I!f ~ .~ .. '"' ., HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BARNETTMORTGAOECO~ANY Plaintiff 'oS, JEFFREY A. ClOSS AND MELISSA A. GOSS Defendants ,~ ,-, ...' ;~ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 00-4969 CIVIL TERM : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE CO~LAINT TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: November 21, 2000 PURCELL, KRUG & HALLER BY Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Attorney for Plaintiff Attorney ID# 15700 ~"^: , ". i ,1 I , ! i I I i j :1 I -I ~ , , I 1 I I ~ !j ! " I I ! .,,"- '" SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-04969 P i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS GOSS JEFFREY A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT GOSS MELISSA A - 5018 ERBS BRIDGE RD, MECHANICSBURG, PA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE REINSTATED , NOT FOUND , as to the within named DEFENDANT , GOSS MELISSA A DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, BELIEVED TO BE IN LANCASTER CO. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 6.20 5.00 10.00 .00 39.20 ~ R. Thomas Kline, Sheriff of Cumberland County PURCELL, KRUG & HALLER 11/16/2000 Sworn and subscribed to before me this 2J~ day of ~ ..J,.~ A.D. ~, C ')n~,j,,-, ....e~- P 0 honotary 'v ""'~'r r - I:~;i ' SHERIFF'S RETURN - NOT FOUND ~ASE NO: 2000-04969 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS GOSS JEFFREY A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT GOSS MELISSA A -783 Hamilton Ct. Carlisle. PA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE REINSTATED , NOT FOUND , as to the within named DEFENDANT , GOSS MELISSA A DEFENDANT IS NOT KNOWN AT ABOVE ADDRESS. Sheriff's Costs: Docketing Service Not Found Return Surcharge .00 3.10 5.00 .00 .00 8.10 ~ . Thomas Kline Sheriff of Cumberland County PURCELL, KRUG & HALLER 11/16/2000 Sworn and subscribed to before me this .<:l ~ day of~ .1cnrV A. D. ~' . ()~ Pro h notary , ~ -. jjlUbl '-'-' -'~. j.i(i SHERIFF'S RETURN - OUT OF COUNTY ~ASE NO: 2000-04969 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS GOSS JEFFREY A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GOSS MELISSA A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT - MORT FORE (RE on November 16th, 2000 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Dep. Lancaster Co .00 9.00 53.20 .00 .00 62.20 11/16/2000 PURCELL, KRUG ~~ R. Thomas Kline Sheriff of Cumberland County & HALLER Sworn and subscribed to before me this ;2QM..d. day of~",,,, t...-. ~&1n? A.D. Qy''-- Q !vwP,.) ~ Prothonotary J!C*"",_"".<ill,~~,,,,*,~" ~ -" ~~~~"\fi ~ ,,-'~ -,~-~ "'--, ~"' ''''",~'''b~,""-,''"J_'';_~'''_;'_,,,,~,,;,.,,,,,J.\,",;''''''''''"_~'' ~ r 4Ll :,..~""-, SHERIFF'S OFFICE . 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17808-3480 . (717) 299-8200 , .. ,Oi'.E .....j::i;"M .... '"" "",1\'';'. M~~M-,:-ny,-" ,-,,;'-'::;->':~i?"'f':-~' ;DO;NQr:!~Ti~\!l1~EiltI$elijHe.i 2. COURT NUMBER 20-4969 Civil Inc. , et. a1. . SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN .'1. PLAINTIFF/S/ Homeside Lending, 3. DEFENDANT /S/ Jeffr S;E { AT 4. TYPE OF WRIT OR COMPLAINT' Reinstated Notice & Complaint in Mort/Fore 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED. Melissa A. Goss 6, ADDRESS (Street or RFD, Apartment No" City, Boro, Twp., State and ZIP Code) lh? Po P~rk ~r, ~1;7~h~thtown P! 7. INDICATE UNUSUAL SERVICE: Xl DEPUTIZE 0 OTHER ' Now,ll/17Lnn 20 ,I,SHERIFFOF T"ancas her County to execute thi to law. This deputation being made at the request and risk of the plaintiff, 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE, ".:~-i.'-"_::'O~' - SHERIFF OF COUNTY PURCELL KRUG & HALLER .1719 N FRONT ST HARRISBURG PA 17102-2392 X''''.. \.c.:~':1~=.~:..and ) --_/ ;;;: H CIl n t:l ~ I Q o CIl CIl NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after.notifying person of levy or attachment, without liabilityon the pad of such deputy or the sheriff to any plaintiff herein for any loss, 'destruction or removal of any such property before sheriff's sale thereof. g, SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE 717 234-4178 10/4/00 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be eompleted if notlee is to be mailed) 13. I acknowledge receipt of the writ I or compl~intas indicated above, r ANNETTE WALTON 717-295-3609 15. Expiration/Hearing date 11/3/00 16.1 here CERTIFY and RETURN that I 0 have personally served, 0 have legal evidence of service as shown in "Remarks",O have executed as shown in "Re rks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above oran the individual, company, cor- por ion, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. I hereby certify and return a NOT FOUND because I am unable to tocate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. ONoService See Remarks Below (No. 30) 21. Date of Service 22. Time 20. Address of where served (complete only if different than shown above) (Stieet orRFD,Apartment No., City, Bora, Twp. State and Zip Code) /. AM PM EST EDST S.TA< N,~{JP 0- '32 .go .' H /VO L~k H i-IN"lf'P"&, f)&-Jlt/sJ3IIiVD CU/1M.5 3,.Vtr L-NCS SC7H$Z<.J~ IN ,A/PJ &Ht3f:;72.hf1./p ?/1,;" p~ bPPtcc- :5~ H~L IS 'Pez.!1A5f<.r;p W t-/M:~ e,t. ')5D3p /, -- t? Dep.lnt. 23. ATTEMPTS 24. Advance Costs Rll1457 100.00 30. REMARKS: 37. 33, Date 11-6 -or 36 0 . -U c9 l--r: 34. day of 1. WHITE - Issuing Authority 2. PINK - Attomey 3. CANARY - Sheriff's Office 4. BLUE - Sheriffs Office ~.'o:... .f:# ~, .. HOMES IDE LENDING, INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY Plaintiff vs. JEFFREY A. GOSS AND MELISSA A. GOSS Defendants ~~= , " ". "~.- : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-4969 CIVIL TERM : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: September 29, 2000 PURCELL, KRUG & HALLER BY Leon P. Haller 1719 North Front Street Harrisburg, P A 17102 Attorney for Plaintiff Attorney ID# 15700 ~~~J'_,- ...... ". J.t; , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-04969 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS GOSS JEFFREY A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GOSS JEFFREY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On Auqust 15th , 2000 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge Dep. Lancaster Co 18.00 9.00 10.00 48.20 .00 85.20 08/15/2000 PURCELL, KRUG S~~ R. homas Kline Sheriff of Cumberland County & HALLER Sworn and subscribed to before me this JStB- day of ()..~AD (2, "JJ.t<{j."-i~ Prothonotary . = SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-04969 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS GOSS JEFFREY A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT GOSS MELISSA A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , GOSS MELISSA A DEFENDANT COULD NOT BE LOCATED AT ADDRESS STATED PRIOR TO EXP. DATE, LEFT NO FWDG WITH THE P.O. Sheriff's Costs: Docketing Service Not Found Return Surcharge 6.00 12.40 5.00 10.00 .00 33.40 ~ ~? .. ~~~ R. 'Thomas Kline Sheriff of Cumberland County PURCELL, KRUG & HALLER 08/15/2000 Sworn and subscribed to before me this /'i~ day of ;lrnro A . D . ~~n~'~ SHERIFF'S OFFICE .. 50 NORTH DUKE STREET, P.O< BOX 83480. LANCASTER, PENNSYLVANIA 17808-3480 . (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN .:t. PLAINTlFF/SI Homeside Lending, 3 DEFENDANT/SI Jeffn',," ron~~ At. ,,1 SERVE {5' NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., 1"0 BE SERVED, Melissa A. Goss . 6, ADDRESS (St,"e' or RFD< Apartment No" City, Bora, Twp" State and ZIP Code) AT l(i? R P"rk <::,. l"li7<lo<?t1:Jt0l\'n. P^ 17022 7, INDICATE UNUSUAL SERVICE;)O DEPUTIZE 0 OTHER Now, 1 1 /1 7 Inn 20 _ . I, SHERIFF OF OUNTY, r~Clnca'" t-er County to execute thi to law, This deputation being made at the request and risk of the plaintiff, 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: --,-'\., , - .. Inc. I et. PURCELL KRUG & HALLER 1719 N FRONT ST HARRISBURG PA 17102-2392 aid PLEASE TYPE DO NOT DETACH ANY COPIES. 2, COURT NUMBER 20-4969 Civil 4. TYPE OF WRIT OR COMPLAINT: Reinstated Notice & Complaint in Mort/Fore "",..' .",fumberland) ------------------, '" H CIl n Cl ~ . '" o CIl '" NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B, WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching allY property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintilf herein for any loss, destruction or removal of any such property before sheriffs sale thereat 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10, TELEPHONE NUMBER 11, DATE 717 234-4178 10/4/00 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if nobce is to be mailed) SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ' NAME of Authorized Lese Deputy or Clerk 14. Date Received 15, Expiration/Hearing date or complaint as indicated above. r ANNETTE WALTON 717-295-3609 10/20/00 11/3/00 I 16. I here CERTIFY and RETURN thatl (J have personally served, 0 have legal evidence of service as shown in "Remarks", 0 have executed as shown in ~Ae rks", the writ or complaint described on the individual. company, corporation, etc., at the address shown above oron the individual, company, cor- por ion, etc., at the address Inserted below by handing a TRUE and ATTESTED COpy thereof. 17. I hereby certify and return a NOT FOUND because \ am unable to locate the individual, company, corporation, etc" named abo\le. (See remarks beloW) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19 o No Service See Remarks Below (No, SO) ,21, Date of Service 22. 20, Address of where served (complete ol'\ly if ditferentthan shown above) (Street or RFO, ApartmentNo..City,Boro, Twp. State and Zip Code) 23. ATTEMPTS 24, Advance Costs Rll1457 100.00 30. REMARKS: j..,o ~O;<.l~ 1FT ,U/./e "".0 , -, A/~J CL;H$e;;Z.Ut./j) FA. , $,T.A.: 34. day of 37. Time AM PM EST EDST /:- ~ 33. Date II &. -01/ 36 D '7 -t:)O . i. WHITE - Issuing Authority 2. PINK - Attomey 3. CANARY - Sheriff's Office 4. SLUE - Sheriffs Office =-"",7 ~,-~ , , .... i,.""'- , v'='_~ -"', 't .\" ~ 't" """ -:: ..'~- ~-\- :~ >. .-...... ,...... '-, ~-'" 'c ~ : ~-=~~-~"; -~ ~'T.-l~ ..J]i;)nc;;,I SHE' U\r'jr; T_I) Q. I~.... . , ',.(..; i:'EPf. Cj PA ,-~- ~ _.-::..-'~ '. '- '~<~~~:.~:'~< " ';co'"' , ,:!:.'~: -, ~-' -~'...:>~; --- c, ;-~~~~~~=- . ~ .~-~..."'~. ~~ c ',,' . ....------- . , HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, PENNSYLVANIA vs. NO. 06 - "Iqfe.~ C.u{ <-r~ JEFFREY A. GOSS AND MELISSA A. GOSS CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. .,._". ~,~,...'~" 'n",- 't'4::''''E'd' You have been sued .in court. If you wish to defend against the claims set forth in the following pagesl yoP must take action within twenty (20) days after the Complaint and notice are serVed, by entering a written appearance -p.ersonally 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 170~3 717-249-3166 Legal Services, Inc. S Irvine Row, Carlisle, PA 17013 717-243-9400 AVISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, .ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. 'PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO .DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DE~DA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PDEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. PORRAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. CUmberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3~66 -- TRUE COpy FROM RECORD ' 111 Testimony whereof, Ill6re ill1:0 S$t my hand . ~d tOO ~ said Court at Carlisle. Fa. ,~ ", aYfi~r~~-';~ lI0n0tary Legal Services, Inc. S Irvine Row, Carlisle, PA 17013 717-243-9400 " ' , " ." , , -, HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vs. JEFFREY A. GOSS AND MELISSA A. GOSS CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 91601: .-,e,,?-,,~e.i," '.~-'.<' ,,,,",,.l~ i'''i~..t;. ,',,- ;,_';0,.,;......,..,. ,,,:.<,_,,,- The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any ipformation .obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of. this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different, from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff ,; ""~ "'r' .':,' HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vs. JEFFREY A. GOSS AND MELISSA A. GOSS CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE Defendants COM P L A I N T 1. Plaintiff, HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO l -_:L",.....,.."'}--'. .,-'j3~Ei!!_J'IORTGAGE COMPANY, is a corporati9n",,~with anaddr~ss (),t" 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, JEFFREY A. GOSS, is an adult individual whose . last known address is 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. Defendant, MELISSA A. GOSS, is an adult individual whose last known address is 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about December 20, 1996, the said Defendants executed and delivered a Mortgage Note in the sum of $87,400.00 payable to BARNETT MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution ef the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to. original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. HomesideLending, Inc. is Successor by merger to Barnett Mortgage Company. Said Mortgage is incorporated herein by reference and attached hereto and marked Exhibit "B". ., -",C ,~~'..;...,>, - """-'-, 5. The land subject to the Mortgage is: 5018 ERBS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on February 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: ~",<--:f,,-",__, (a) Unpaid principal balance " ,.+" J; 84,336.29 (b) Interest at $17.61 per day from 1/1/00 to 8/1/00 (based on contract rate of 7.625%) (c) Accumulated Late Charges 3,733.32 152.06 (d) Late charges at $30.44 per month for 7 months 213.08 (e) Escrow Deficit 86.43 (f) 5% Attorney's Commission 4,216.81 $ 92,737.99 *Together with interest at the per diem rate noted in (b) above after August 1, 2000 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above,are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. ,.1 -'~" b.~~~, ----, 9 . Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United Sta.tes of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administra.t;:i,Wl under Title "II o:t;."thel)[i3-tional Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.625% ($17.61 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. PURC~E~" K&HAL. //. ._ By ~ " ~o~ . Hal . Attorney for Plaintiff I.D. #15700 : 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 -'''' ,~ I I.LJu 1iI~..iJ.I.i8';,jjIWi~J , EYfliii1 'I ~ " ",I! ,; :"'", ., '\" r J j,II,..,IIIII~~11 ,~II, '""_= -,--'.~ '" -1~-..iiliiW_djl>lli"_,_,i1i.i__Ili~.lllii i.~~"",~\oliI.lOloillilllllJ~; ~, ....,- , II d,IIU~ I ili. 1111. L;'-o ;" -~ ~II 1,1.11 I, j~ 11~ '- .."'-'III... ~1...Ji~i~_I~"i~ij~j""i Ii: iili'l' ,~-"- ~~L.,~.... - '~"- " . ,,11111,11 1'''1.1.,.,- J.. , >;'>, iI. eXhd)j'f - " "~I' ; , , J I IIIJiidl"'IIJ,j II" i ~, , , tF1ER AeCORClINCI rET~kri 10 . eMlUrrr.Mr:iAl.I'1.....'1r ,'W.Hh ., ___LJ___ _OU!~Ij~_M_.___ ___-._ J.,..\ .. , , I~I~J, II ,I, l,jA ~, .",'1 . u" il;i; .. ,.- d"ll, 1111,111111 ~ d^ " 'J~ .. . I I 1,1, J' ~',' - .'- -,,'" L,";I!!, ." II '1111,I,jlIIIIIJ""" " '!lO' '" .. .. I 1IIIJL,i.il I 1"lllllil ~ ~ " ""----' (5 .. II illlj i 1>11 1 ~ I _,," ,."il:, . fil~ ""i 111,111.lllh ~ < .. at ['>0 ilti I I 't' III ':'" , ,~ -~ - iwmLl_.,.; VERIFICATION facts contained in the I, Leon P. Haller, Esquire, hereby swear and affirm that the foregoing COMPLAINT for Mortgage 'Foreclosure are true "and correct to the best of my knowledge, <,'l_S.'.';,,,,. Pla'i'h~ f'E""~1:de'L€mding, information, and belief based upon information provided by " [;)..-_1,"' Inc. Successor by m~e'I'to~Ba:tnet t .^,.._~,",.c' ~".. }, Mortgage Company that said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 490~ relating to unsworn falsification to authorities. Date: July 11, 2000 ~/--- , ..,,--- \---,. -,---- "Leon p. Haller, Esquire Qv~\t"~' "~'~' f'.\~\' ~,,\C\\\,f ". ,,,,~,\ ..'_w(\,' ~\\\. \ ,\ <~.\: f\ ')0 \'~ 1',,:,< ,~j'~'i'\ ~ -~ .;. "WI ~ ~ @2l . ~' "O~.~~ .,\! HOMESIDE LENDING, INC., SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ',VS. NO. 2000 - 04969 JEFFREY A. GOSS AND MEL!SSA A. GOSS, DEFENDANTS CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Kindly satisfy the judgment in the above captioned action. PURCELL, KRUG & HALLER By: Leon P. Hal ID #15700 Attorney f r Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: June 14. 2001 _~__1i1JW ~'1-~OOIti~;~li"""ii'~;;l;,<tm;;i,'~$Hll!lI'.~mllllliiW-''iIi!irl =~~~ ~.,~~~ -~, " ~_.~~ Lj (0"'"' ~'.' (') C' ..-.." J C '_J '--il <?" L- -orf \,V_ mri' Z:c' Zr.:' We u::; -<.~- \<,C. :t:? )>0 :1.: Ze- d )>c \.C ._,) Z :::> 'r;; =<! ~ \0 =< "' ".-