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Home My WebLink About01-4532GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF FIRST NATIONWIDE MORTGAGE CORP. F/KJA LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff VS. HARRY D. GIPE EVELYN R. GIPE Mortgagor(s) and Real Owner(s) Defendant(s) 400 Mountain Road Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION- LAW ACTION OF MORTGAGE FORECLOSURE Term -- ,,~ / No. Ot (~IVIL ACTION: MORTGAGE laORECLQSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in thc following pages, you must lake action within twenty (20) days at~r the Complaint aed notic~ are served, by entering a ~vtitten appearance personally or by attorney and filing in writing with the court your defenses or objections to the chln~ 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 farther notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT F[AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FITND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Lthe~y Avenue Carlisle, PA 17013 LEGAL SERVICES I~qC 8 lrvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMEI~XE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCPdTA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBYECCION CONTRA LAS QUEJAS EN E~TA 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 REQUEKIRA QHE USTED CUMPLA CON TODAS LAS PROV1S1ONES DE ESTA DI~MANDA. POR RAZON DE ESA DECISION. ES POSSIBLE QUE USTED PUEDA PERDER DINERO. PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO. LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFEP~ENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Lthe~y Avenue Carlisle, PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHiP LP, PO Box 948 I, Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481. 2. The name(s) and address(es) of the Defendant(s) is/are HARRY D. GIPE, 400 Mountain Road, Newville, PA 17241 and EVELYN R. GIPE, 400 Mountain Road, Newville, PA 17241, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On June 03, 1992 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to UNITED SAVINGS ASSN OF TEXAS FSB, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1071 Page 73. The mortgage has not been assigned unless said assignment to the Plaintiffis hereafter mentioned. The aforementioned mortgage was assigned to: FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP by Assignment of Mortgage dated April 14, 1993 as Book 441 Page 798; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November 01, 2000, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 10/01/2000 through 07/31/2001 at 8.5000% Per Diem interest rate at $16.96 Attorney's Fee at 5.0% of Principal Balance Late Charges from 11/01/2000 to 07/31/2001 Monthly late charge amount at $36.05 Costs of suit and Title Search Escrow Debit Monthly Escrow amount $0.00 $71,829.66 $5,155.84 $3,591.48 $324.44 $560.00 $81,461.42 +$210.51 $81,671.93 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. .WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $81,671.93, together with !nterest at the rate of $16.96, per day and other expenses incurred by the Plaintiffwhich are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By:. ATTORNEY FOR PLAINTIFF VERIFICA_____TION I, Dennis Kieft , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsific~on to authorities. Date: 7 Denni~ieft, Vice President F~£CORD[D'OFFICE OF TIlE nine[y-two (1992) in thc year of our Lord one Ihousarid nine hundred The above description being in accordance with the survey attached hereto and made Exhibit '~A". EXHIBIT A EO. 8ox 948~ Gaithersburg, MD 20898-9481 Harry D Glpe 400 Mountain Rd Newville PA 17241-9646 Return Receipt Requested Dear Mortgagor: RE: Loan No. 6833005871 Act 91 Notice Take Action to Save Your Home-From- Foreclosure This is an official notice that the mort a e on our home is in default and the lender intends to foreclose. S ecific information about the nature of the default is rovided in the attached a es. .The HOMEOWNER'S MORTG hel_~s~e vo ~ ~ ~-~'I'ANCE PRO._GRAM HEMAP ma be . ~~~ ~H_E..MA~P~ ma be able to · ~ =~ xa~ns ~ow the ro ram works. To see if HEMAp can hel ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with ou when ou meet with the counselin a enc. The name address and hone number of the Consumer Credit Counselin A encies servin our Count are listed at the end of this Notice. If ou have an uestions ou ma call the Penns lvania Housin ~_e_e~at 1-800-342-2397. Persons with im aired hearin ~ This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attOrney in your area. The local bar association may be able to held you find a lawyer. La notificacion en adjunto es de suma importancia, Dues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion lmmedlatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo pot el programs llamado "Homeowner's Emergency Mortgage Assistance Program,, el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. DF350-002/C30 5280 Corporate Drive, Frederick, MD 21703 r/l~ g $'/,51 ,~':/..-.-.-3 oom7 w--(o m RO. 8ox 9491 Gaithersbufg. MD 208B1-9481 Evelyn R Glpe 400 Mountain Rd Newville PA 1724~-9646 Dear Mortgagor: May 30, 2001 ~ Certified MaiA-' Return Receipt Requested RE: Loan No. 6833005871 Act 91 Notice Take Action to Save Your Home From Foreclosure This is an official notice that the mort a e on our home is in ~efa~lt_ and the lender 7eftaeunldt~~c~l~e~_S~ific information about the nature of ~ ~auu~u ~s_A~_provioed in th~ attach~ The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP ma be able to hel to save our home. Th---~s notice ex lains how the ro ram works. To see if HEMAP can hel ou must MEET WIT___~_H A CONSUMER CREDI. _ _ .... T ~P.UNSEL!NGA~c~-~I~HI~ 30 DAYS OF THE DATE OF TH~ ~OTICE~ake this no___~ice W~when o_~_meet with the counsel~ The n~me address and hone number of the Consumer Credit Counselin_~ A en~servin_~g_y_qur Count are lasted at the end of this Notice. If ou have an estionso_~call the Penn_q~y_lvania H__ousin~ Finance A enc toll-free at 1-800-342-2397. p~sons~ with~ hearin can call 717 780-1869~. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notiflcacion en adjunto es de suma importancia, Dues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion im~edlatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes set elegible para un prestamo pot el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hiDoteca. DF356,-001/C30 5280 Corporate Drive, Frederick, MD 21703 L May 30, 2001 Loan No. 6833005871 Page 2 Homeowner's Name: Harry D Gipe Property Address: 400 Mountain Rd Newvllle PA 17241 Loan Account No.: 6833005871 -. Original Lender: United Savings Assn of Texas FSB Current Lender/Servicer: First Nationwide Mortgage PA Act 91 HOMEOWNER'S EMBRQENCYMORT~AGE ASSISTANCE PRO~RA~ YOU MAY BE ELZGZmT.U FOR FZNANCIAT. FORECLOSURE AND ~5P YOU-MAK~ FUTU~ ~OR~t~AGE PAYMENTS ' zF YOU ¢oMuLy WZTH THE ~50._V:~?~. O~ THE HoMEOWME~S, ~RQnCy MURT~AOE ASSISTANCE.ACT OF 1983 ASSISTANCE. ~'r~ ACT ), XOUMAY BE ELIGIBLE FOR EMEROENCY zF YOuR DEFAU~ HAS aEn~ CAUSED~E~C~CU~ST~ EE%O~'YOUR C0~ IF YOU HAVE A REASONABLE PROSPECT OF BEIN~ ABLE TO PAY YOUR MORTGA~' PAYMENTS, AND * IF YOU MEET OTHER ELIOIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. ~EMPORARY STAY OF FO~CLOSU~ - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. T_H_IS MEETING MUST OCCUR ~W~I.T~._I.N.__T~_E __I~_XT 30 DAYS. IF YOU DO NOT APPLY ~ ~w TO BRING YOUR MORTGAGE UP TO DATE. ' .......... DF353-001/C30 May 30, 2001 Loan No. 6833005871 Page 3 CONSUMER CREDIT COUNSE?.I~ A~CIE8 If you meet with one of the consumer credit coUnseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting~ T e names addresses and tele hone numbers of the desi hated consumer credit counselin a encles for count in which the ro err is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender ~ of your intentions. ~PPLICATIONS FOR MORTQAQE ASSISTANc~ - Your mortqaae i~ i the 99sogs set forth later in this Notice 'see g-~ ¥ _n default for , ~ow~n fp~ es ~ sDeclIlc information about the nature of your default). tried ~ ~u h and are unable t~ resolve this problem with the lender, you have the right to apply for financial- assistance from the ~Om~Wner,s Emergency Mortgage ASsistance Program. To do so, you must fill out, sign and file completed Home6wners, Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies Iisted at the end of this Notice. Only consumer credit counseling ag~-ncies have ap~o~icatio~s for the program and they Will assist you inisu~bm~tti~g a c6mDle~e application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. You MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TME OTMER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAy PROCEED A~AINST YOUR HOME I~4EDIATELY AND YOUR APPLICATION FOR MORT~AQE ASSISTANCE WILL BE DENIED. A~NCY ACTION= Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligi- bility criteria established by the Act. The Pennsylvania Housing DF353-001/C30 May 30, 2001 Loan No. 6833005871 Page 4 PA Act 91 Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above'. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. ~?E: IF YOU ARE CURRF~.r-y PROTEC'rmu BY ~hZ FILINO OF A PETITION (Zf you have -'--- ----~5~DERED AS ~. ~T ~ COLLECT ~E DEB~. ._ f _ ~---~ ~cy yOU cmn still apply for ~eraencv HOW TO CURE YOUR MORTQAGE DEFAULT (Brina it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 400 Mountain Rd Newville PA 17241 IS SERIOUSLY I~ DEFAULT because: YOU HAIF. NOT MADE YO~R~MONTH~MORT~AQE PAYM~TS for the following month~ ~nd-the foll6wing-amounts are now7 -ue: 7 Months at $721.10 = 5,047.70 Months at $ = .00 Months at $ = .00 Late Charges 201.88 Bad Check Fees .00 Foreclosure Fees .00 Bankruptcy Fees / .00 other Fees 39.20 Less Suspense Balance .00 TOTAL AMOUNT DUE ~.288.78 AS OF THIS DATE HOW TO CURE THE DEFAULT - You~ay cure the default within THIRTY (30) mmuE~ wn±cn IS $ 5,~2~8.78 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: First Nationwide Mortgage Corporation Dept. 0107 Palatine, IL 60055-0107 DF354-001/C30 ~ey 30, 2001 Loan No. 6833005871 Page 5 PA Act 91 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, ~he lender ine--4s to 9xercise its rights to aocelerate the mort~&ge ~bt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also'intends tO instruct its attor- neys to start legal action to .foreclose upon Your mortgaged DroDez~,. ~F THE MORTQAQE IS FORECLOSED UPC2: - The mortgaged-property will be sold by the Sheriff to pay off the mortgage debt. If the before the lender begins legal proceedings against you, YOu will still be required to pay the reasonable attorney's fees that Were actually incurred, up to $50.00. However, if legal proceedings are Started against you, you will have to pay all'reasonable attorney's fees incurred by the lender even if they exceed $50.00. Any. at~Orney,s~ fees w~i~l ~e a~ded to the amount you owe the lender, which ~af aiso includ~ other reasonable ~I~eER LENDER REMEDIE~ - The lender may also sue you Personally for unpaid principal balance and all other sums due under the mortgage. DF354-001/C30 May 30, 2001 Loan No. 6833005871 Page 6 PA Act 91 RIGHT TO .CURE THE DEFAULT PRIOR THE SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have ~ r~nt th~ sale at any ~ to the right to cure the defaull S~~efore the Sheri-ff,s ~,~ ~uu~ amount then a~n e attorne's fees and cost ~~? s ecified in writing b the lender and b ~aa~, ---J- _ _ erformin l.~nn~. ~ur~n~ your ~ezaul~ ~- ~- postt~on as if you had never defaulted~st°re your mortgage to the same H~OWTO CONTACT THE L~ND__ER~ s Sale of uate that such a Sheriff, ....... ~e ~rtgau~--~r0~ty ¢6ui~ be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale Will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any timeexactly what the required payment or action will be by contacting ~he lender. First Nat~onwide Mortuaue Corporat~o,, ~reder~ck~ MD 2170~ ~FFECT OF THE S~!FF'$ SA~.; - You should realize that the Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ~SSUMPTION OF MORTGAG~ - You, UPON OUR CONSENT may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding Payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR AN~ OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. DF355-001/C30 SHERIFF'S RETURN - REGULAR CASE NO: 2001-04532 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLDGqD FIRST NATIONWIDE MORTGAGE CORP VS GIPE HARRY D ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GIPE EVELYN R the DEFENDANT at 88 SEAVERS RD , at 1837:00 HOURS, on the 2nd day of August , 2001 NEW~;ILLE, PA 17241 EVELYN R. GIPE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /4 ~ day of (~,,~ ~2 ~ ! A.D. P~fo~ honot ary So Answers: R. Thomas Kline 08/02/2001 GOLDBECK MCCAFFERTY & MCKEEVER SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-04532 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS GIPE HARRY D ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, GIPE HARRY D unable to locate Him COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT in his bailiwick. He therefore returns but was the the within named DEFENDANT , GIPE HARRY D , NOT FOUND , as to MOVED, LEFT NO FORWARDING MORTGAGE PROPERTY IS VACANT Sheriff's Costs: Docketing 18.00 Service 9.75 Not Found 5.00 Surcharge 10.00 .00 42.75 Sheriff of Cumberland County GOLDBECK MCCAFFERTY & MCKEEVER 08/03/2001 Sworn and subscribed to before me this /~ day of ~ ~! A.D. Proth6notary /-7 GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPHA. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE ]~LL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF FIRST NATIONWIDE MORTGAGE CORP. F/iUA LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff VS. HARRY D. GIPE EVELYN R. GIPE Mortgagor(s) and Real Owner(s) 400 Mountain Road Newville, PA 17241 Defendant(s) I HEREBY CERTIFY THAT THIS iS A TRUE AND CORRECT COPy OF THE ORtGINAL FILED IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL ACTION: MORTGAGE ~RECLQSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPT1NGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If Y°U wish to defend against the claims set forth in the following pages, you mint teke acfon within twenty (21)) days after the Complaint alld ~i~ are served, by entering a written appearance personally or by atlomey and filing in wifffing with the cour~ your defens~ or objecfiolls to the clalma s~t forth agaimt yot[ You am warned ~at if you fail to do so the case may proc e ed without you and a judgment may be entered against you by the Court without further notice for any money claim in thc Con~laint of for any oth~ claim or relief requested by the Phintiffi You niay lose money or properly or other rights important to you. CUMBERLAND COUNTY BAR ASSOCIATION 2 Libe~ Avenue Carlisle, PA 17013 LEGAL SERVII~ES [NC - 8 lrvine Rgw . Carlisle, PA 17013 717-243~9400 - AVISD LE HAN DEMANDADO A USTED EN LA CORTE. S1 DESEA DEFENDERSE CONTRA LAS QUFJAS PERESENTADAS, ES AB$OLUTAMENTE N~21~SARIO USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA y AVISO. PARA DEFENDERSE ES NI~CESSARIO QUE USTED, O SU - TRUE COPY FROM RECORD HEREBy CERTI · ,m UHIGINAL FiLE~)''''-r 1. Plaintiff is FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP, PO Box 9481, Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481. The name(s) and address(es) of the Defendant(s) is/are HARRY D. GIPE, 400 Mountain Road, Newville, PA 17241 and EVELYN R. GIPE, 400 Mountain Road, Newville, PA 17241, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinal~er described. On June 03, 1992 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to UNITED SAVINGS ASSN OF TEXAS FSB, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1071 Page 73. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP by Assignment of Mortgage dated April 14, 1993 as Book 441 Page 798; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November 01, 2000, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 10/01/2000 through 07/31/2001 at 8.5000% Per Diem interest rate at $16.96 Attorney's Fee at 5.0% of Principal Balance Late Charges from 11/01/2000 to 07/31/2001 Monthly late charge amount at $36.05 Costs of suit and Title Search Escrow Debit Monthly Escrow amount $0.00 $71,829.66 $5,155.84 $3,591.48 $324.44 $560.00 $81,461.42 +$210.51 $81,671.93 7. 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 based on work actually perfonfiedl Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiffhas no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $81,671.93, together with interest at the rate of $16.96, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. GOI D) C r cCA ' aTy & Mcm ev a BY: J4SEPH A. i~3OLDBEcK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Dennis Kieft , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. are made subject to the penalties of 18 Pa. unsworn falsific~on to authorities. Date: ? /~/~? I understand that false statements therein C.S. 4904 relating to Denni~ie f t, Vice President ninety-lwo (1992) DEED EXHIBIT A £0. Box Gai~ersburg. MD 2~-9481 Harry D Glpe 400 Mountain Rd Newville PA 17241-9646 Dear Mortgagor: Return Receipt Requested RE: Loan No. 6833005871 Act 91 Notice Take Action to Save Your Home FromvForeclosure This is an official notice that the mortgage on your home is i~ default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAp) may be able to ~elp to save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Takc this notice wit~ you when you meet with the counseling agency. The name~_addres~one number of the Consumer Credit Counselin~ _A~encie? servin- our Count. y_~e listed at the end of this Notice. !If y~u have any questions, you-~a~c-~ ~e ~--e~nsylvania Housinu Finance AGency %oil-free at 1-800-342-2397. (Persons with impaire~t hearing can call (717)780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling AGency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importanc±a, pues afecta su dereCh~ a continuar viviendo en su casa. Si no comprende el contenido de esta not%fi~ation obtenGa una traduccion immediatamente llamanda esta aGencia (Pennsylvania Housing Finance AGency) sin car~os al numero mencionada arriba. Puedes ser eleGible para un prestamo por el proGrama llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. DF350-002/C30 ,5280 Corporate Drive, Frederick, MD 277fl3 P.O. Box 9481 Gaithersbu~g. MO 20898-9481 Evelyn R Gipe Dear Mortgagor: May 30, 2001 ~ Certified MaiA,' Return Receipt Requested RE: Loan No. 6833005871 Act 91 Notice Take Action to Save Your Home From Foreclosure This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific informatio~ about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able help to save your home. This notice explains how the Program works. To see if HEMAP can helD; You must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS~NOTICE. Tak,~ this notice with you when you meet with the counseling agency. The name, address, and phone number of the Consumer Credit Counselin,~ Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housinw. Finance Agency toll-free at 1-800-342-2397. (Persons' with impaired hearing can call (717)780-1869.) ' -. This Notice Contains important legal information. If you have any questions, representatives at the Consumer Credit Counspling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su _ derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion lmmedlatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos ah numero mencionada arriba. Puedes set elegible para un prestamo Dor el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual Duede salvar su casa de la perdlda del derecho a redirair su hiDoteca. DF356-001/C30 5280 Corporate Drive. Frederick, MD 21703 May 30, 2001 Loan No. 6833005871 Page 2 Homeowner's Name: Harry D Oipe ProDerty Address: 400 Mountain Rd Newvllle PA 17241 Loan Account No.: 6833005871 -~ Original Lender: United Savings Assn of Texas FSB Current Lender/Servicer: First Nationwide Mortgage PA Act 91 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRA~ YOU MAY BE ELIGIBLE FOR ASSISTANCE WHICH CAN SAVE YOUR HO~E FRO.~. _FORECLOSUREAND HELP YOU MAKE FUTUUt MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS· EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY ASBIBTANCE~ ~ IF YOUR DEFAULT'HAS BEEN CAUSED:BY:-~C~RCU~STANCE~ BEYOND~ iF YOU HAVE A REASONABLE YOUR CO ROL, PAYMENTS, AND PROSPECT OF BEIN~ ABLE TO PAY YOUR MORTGAGE * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE P~NSYLV3~I'IA HOUSING FINANCE AG~R~Y. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of ghe ~esignated consumer credit counseling agencies listed at the end df this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30}~ DAYS. IF YOU DO NOT APPLY FOR EMER~ MORTGAGE ASSZ'STAN~ YOU MUST BRING YOUR MORTGAGETO. DA~ . T~s PART OF THIS~¥ICE.CALL~D *HOW TO CURE.YOUR MORTGAGE DEFAULT.~ mA~AAINS HOWTO BRING YOUR MORTGAG~ UP TO DAT~-. ~ DF353-001/C30 May 30, 2001 Loan No. 6833005871 Page 3 CONSUMER CREDIT COUNBELZNG AGENCIER - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meettng~ The names, addresses and telephone numbers of the designated cons%uner credit counseling agencies for county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATIONS FOR MORTQAGE ABSIBTANC~ - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable ~tu resolve this problem with the lender, you have the right to applY for financial assistanc~ from ~he ~°~Wner's Emergency Mortgage ASsistance Program. To do so, you must fill out, sign and file completed Home6wners' Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies Iisted at the end of this Notice. Only consumer credit counseling ag.enc!es have ap~DSic~atio~s for the program and they Will assist you inlsu~bm~tting a c6mDle%e application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO BO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED A~AINST YOUR HOME I~DIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION: Avalla~le_funds for emergency mortgage assistance are very~limlted. They Will be disbursed by the Aggncy under the eligi- bility criteria established by the Act. The Pennsylvania Housing DF353-001/C30 May 30, 2001 Loan No. 6833005871 Page 4 PA Act 91 Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above'. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY, PROTECTED BY %~E FILING OF A PETITION IN BANI~UPTCY, THE FOLLOWING PART OF THIS IS FOR INFORI~TION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A~T~PT TO COLLECT THE DEBT. (If yOU have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAQE DEFAULT (Bring it up to data) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on yours'property located at: 400 Mountain Rd Newville PA 17241 IS SERI0~SLY ~N DEFAULT because: YOU HAV~NOT MADE YOUR=MONTH~ MORTGAGE PAYM~TS for the following month% ~nd-the foll6wlng-amounts are nowp~ 5,047.70 .00 .00 201.88 .00 .00 ,2 .00 39.20 ,00 88.78 AS OF THIS DATE / HOW TO CURE THE DEFAULT - You~ay cure the default within THIRTY (30) DAYS of the date of this notre BY PAYING THE TOTAL AMOUNT PA~T DUE TO THE LENDER WHICH IS $ 5,~88.78 PLUS ANY MORTGAGE PAYMENTS AND LATE 7 Months at $721.10 = Months at $ = Months at $ = Late Charges Bad Check Fees Foreclosure Fees Bankruptcy Fees OtherFees Less SusDens9 Balance TOTAL AN~UNT DUE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or mohey order made Payable and sent to: First Nationwide Mortgage Corporation Dept. 0107 Palatine, IL 60055-0107 ~ DF354-001/C30 May 30, 2001 Loan No. 6833005871 Page 5 PA Act 91 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intm-~ to exer=ise its rights to accelerate the mortgage debl. This mJ~s that The entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also'intends tO instruct its attor- neys to start legal action to foreclose upon Your mortgaged Property. IF THE MORTQAGE .IS FORECLOSED UPC" - The mortgaged property will be sold by the Sheriff to Day off the mortgage debt. If the lender refers Y°~r 'c~e:'t0-~ts attorneys, but you_cure the de~inquency befOre the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that Were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all-reasonable attorney's fees incurred by the lender even if they exceed $50.00. Any at~0rneY,s~ fees Will ~e ~ded to the amount you owe the lender, which ~a~ aiso ~nclud~ other reasonable -~ -~ ~e re sre~ to a attorne '~e~. OTHER LENDER REMEDI~ - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. DF354-001/C30 May 30, 2001 Loan No. 6833005871 Page 6 PA Act 91 RIGHT TO CURE THE DEFAULT PRIOR THE SHERIFF'S SAT.F - If yOU have not cu~e~the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any t4m~ up to one hour before the Sheriff's Sale. You may do so by DaYin~ the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and cost connected with the foreclosure sale and other cost connected with Sheriff's Sale as specified in writing by the lender and by performinq any other requirements under the mortgage. Curing your default in the manner set fOrth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a S eriff s Sale of the mortgage property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale Will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any.time.exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER~ First Nationwide Mortgage Corporation 52S0 Corporate Drive Freder~ck~ MD 21703 Department 252 1-800-888-4333 EFFECT OF THE SHERIFF'S SAL~ - You should realize that the Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property_after the Sheriff's Sale, a lawsuit to remove you and your furnishi~gs and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGA~ - You, UPON OUR CONSENT may sell or transfer your home to a buyer or transferee who will assume the mortgage deb~, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage .are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN ~ONEY TO pAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. ~HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE ~ROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.-- * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. DF355-001/C30 GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff VS. HARRY D. GIPE EVELYN R. GIPE 400 Mountain Road Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK, McCAFFERTY & McKEEVER By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-04532 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORD VS GIPE HARRY D ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, GIPE HARRY D ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT , GIPE HARRY D , NOT FOUND , as to PER EVELYN GIPE, H3~RRY LIVES ON LISBURN RD NEAR WILLIAMS GROVE RD. Sheriff.s Costs: Docketing 18.00 Service 7.80 Not Found 5.00 Surcharge 10.00 .00 40.80 Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 09/21/2001 Sworn and subscribed to before me this .. ~ ~- day of ~o[ A.D. Prbthonot ary ~' GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEy I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF FIRST NATIONWDE MORTGAGE CORP. F/K/A LOMAs MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff VS. HARRY D. G]PE EVELYN R. GIPE Mortgagor(s) and Real Owner(s) 400 Mountain Road Newville, PA 17241 Defendant(s) I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPy OF THE ORIGINAL FILED IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION- LAW ACTION OF MORTGAGE FORECLOSURE Term No. Ot-- ~IVIL ACTION: MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. WILL BE ANY INFORMATION OBTAINED FROM YOU USED FOR THlg PURPOSE OF COLLECTING THE DEBT. are s~rved by en~enng a written appea~,~c¢ personally o{ by attorney and flhng ~n tvnt?g w~th ~he court your defenses or objeeOons to the clainm set forth a in~t o~. you fail to do so the case may ProCeed w,thout you and ajndgment mayl~ entered agams you bY tl~ Com't without further notie~ for any money ¢laimln ~l~laln Yo;~r~y o~.if or rehef requested by the Plaintiff: ~ou may:lose money or propcn,/or other rights impo~ant to you. OFFICE YOU SHOUL]3 TAK-~ THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO SiT FORTH BEllOW TO FIND OUT WHERE YOU CAN GET LEG_AL HELP. NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEI~PHONE ~ CI/MBERLAND COUNTY BAR ASSOCIATION 2 Lil~rty Awnue Carlisle, PA 17013 · LEGAL SERVICES INC ~ 8 l~ine Row Carlisle, PA 17013 717-243-9400 - AVISO LE HAN DEMANDADO A USTED HN LA CORTE. SI DES~A DEFEND~R~E CONTRA LAS QUEJAS PERESENTADAS~ ES ABSOLUTAMi~NTB N~CESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERV1DO CON ESTA DEMANDA y AVISO. PARA D~NDERSE HS NECESSAI~O Qb~ UST~D, O SU ABOGADO. REGISTRE CON LA CORTE EN FOP, MA ESCRITA, EL PUNTO DE VISTA DE USTED y CUALQUIBR OBJECC1ON CONTRA LAS QU~JA$ EN ESTA DI~/ANDA. REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONr~s DE ESTA DEMANDA. TOR RAZON Dp ESA DECISION1 ES POSSIBLE QUE USTED PU~DA PEP, DER DINERO, PROPIEDAD U OTROS DER~CHOS IMPORTANTES. LLEVE ESTA DEMANDA A ~ AROGADO IMMEDIATEAMRNT~. _ S NO CONOCE A UN ABOGADO, LLAME AL 'LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DR ABOGADOS), (215) 238-6300. CLrMBERLAND COUNT~ BAR ASSOCIATION 2 Lib~d Avenue Carlisle, PA 17013 TRUE COPY FROM REcORD" LEGAL SERVICES INC In Testimony whereof, I here umo set my hand and the seal of said Cougt at Carlisle, Pa. Thi day oi , COMPLAINT IN MORTGAGE FORECLOS~ ,,.,r ~ ~ff ORIGINAL FILED The name(s) and address(es) of the Defendant(s) is/arc HARRY D. GIPE, 400 Mountain Road. Newville, PA 17241 and EVELYN R. GIPE, 400 Mountain Road, Newville, PA 17241, who ii/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On June 03, 1992 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to I. YNITED SAVINGS ASSN OF TEXAS FSB, Which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1071 Page 73. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned· The aforementioned mortgage was assigned to: FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP by Assignment of Mortgage dated April 14, 1993 as Book 441 Page 798; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November 01, 2000, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 10/01/2000 through 07/31/2001 at 8.5000% Per Diem interest rate at $16.96 · Attorney's Fee at 5.0% of Principal Balance Late Charges from 11/01/2000 to 07/31/2001 Monthly late charge amount at $36.05 Costs of suit and Title Search Escrow Debit Monthly Escrow amount $0.00 $71,829 66 $5,15'3:84 $3~591.48 $324.44 $560.00 $81,461.42 +$210.51_ $81,671.93 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is - - re_instated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners, Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvarfia, on the date(s) set forth in the hue and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiffhas no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $81,671.93, together with interest at the rate of $16.96, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale &the mortgaged premises. By:. ~ ~ GOLD/!~C~ I~eCAFFERTY & McKEEVER BY: J~SEPH A. D. JOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF I, Dennis Kieft Plaintiff corporation authorized to and do Plaintiff corporation VERIFICATION , as the representative of the within named do hereby verify that I am make this erlflcatlon on behalf of the and the facts set forth in the foregoing of my knowledge, Complaint are true and correct to the best information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsific~on to authorities. Date: 7 /~/~/ ~enni~ieft, Vice President EXHIBIT A £0. Box 9481 Gaithers~rg, MD 20898-9481 Harry D GiDe ~ 400' Mountain Rd Newville FA 17241-9646 Certified Mall' Return Receipt Requested Dear Mortgagor: RE: Loan No. 6833005871 Act, 91 Notice Take Action to Save Your Home :From Foreclosure This is an official notice that the mort a e on our home is in default and the lender intends to foreclose. S ecific information a_~_bout the nature o_~_ the default is rovided in the attached a es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP ma be able to hel to save our home. This. notice ex lains how the ro ram works. To See if HEMAP can hel ou must MEET WITH A CONSUMER cREDiT ' COUNSELING AGENCY WITHIN 30 DAYS this notice.~EFOTHIS NOTICE. Take with the counselin a enc . ~ ~ _a_%~ss and_ hone number of the ConsUmer.~r~d%t gounselin encl's servln our Count are listed at the end of th~s Notice. If ou have an uestlonso__~call the Penns lvania Housin Finance A enc' toll-free at 1-800-342-2397. Persons with im aired ~ can call 717 780-18~. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attOrney in your area. The local bar associatiOn may be able to help you find a lawyer. : La notificacion en adjunto es de suma importancia, Dues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de_esta notification obtenga una traduccion lmmediata/nente llamanda es=a agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un Drestamo Dot el Drograma llamado "Homeowner' s Emergency Mortgage Assistance Program,, el cual puede salvar su casa de la Derdida del derecho a redimir su hipoteca. DF350-002/C30 5280 Corporate Drive, Frederick, MD 21703 £0. ~x Gei~ersburg. MO Evelyn R Glpe 400 Mountain Rd Newville PA 17241-9646 May 30, 2001 ~' Certified MaiA-' Return Receipt Requested Dear Mortgagor: RE: Loan No. 6833005871 Act 91 Notice Take Action:to Save Your Home From Foreclosure - This is an official notice that the mort a e on our home is in default and the lender intends to foreclose. S ecific information about the nature of the default is rop_~ed in the attached a es. The HOMEOWNER'S MORTGAGE ASSISTANCE P'RO~_~ ,~,~,.~, . ~,~-, nmt, u%r ma De able to hel to save our home. This notice ex __lains how the re ram works. The n~e address and hone n~er of the Cons~er Credit Counselin A encies servin Our Count are listed at the end of this Notice. ~~~ons ou ma ~11 the ~p Flnanc~ i- n-~ _ enns -lvan~a Housin ' hearin can call 717 780-~69~0" ~=2 2397. Persgns' ~th ~m aired This Notice contains important legal information. If you have any ~estions, representatives at the Cons~er Credit Counseling Agency may be able to help explain it. You may also w~nt to contact any attorney in your area. The local bar association may be able to help you find a la,er. La notificacion en adJunto es de s~a importancia, pues afecta su derecho a continuar vivlendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion ~ediat~ente ll~anda esta agencia (Pennsylvania Housing Finance Agency) si~ cargos al n~ero mencionada arriba. Puedes set elegible para un prest~o el progr~a ll~ado "Homeo~er's ~ergency Mortgage Assistance Pretty" el cual puede salvar su casa de la perdida del derecho a redimir au hiDoteca. DF356.-001/C30 5280 C0rp0rete Drive, Frederick. MD 2~703 May 30, 2001 Loan No. 6833005871 Page 2 Homeowner's Name: Harry D Gipe Property Address: 400 Mountain Rd Newvllle PA 17241 Loan Account No.: 6833005871 - Original Lender: United Savings Assn of Texas PSB Current Lender/Servicer: First Nationwide Mortgage PA Act 91 HOMEOWNER ' S EMERGENCY MORTGAGE ASSISTANCE PROGRAI~ YOU MAY BE ELIGIBLE FOR FINANCIA?. ASSISTA~Cs WHICH CAN SAVE YOUR HOME FRO~ FORECLOSURE AND HELP YO~MAKE FUTU~ MORTGAGE PAYMENT~ IF YOU COMPLY WITH.THE PROVISIONS OF THE HomEOWNERs, EMERGENCY MORT~AGE ASSISTANCE ACT OF 1983 (THE "ACT"), XOU MAY. BE ELIGIBLE FOR EMERGENCY ASSISTANCEs : IF YOUR DEFAU .HAS BEEN B. O 'YOUR Co ROL. IF YOU HAVE A REASONABLE OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date Of this Notice. During that time you must arrange and attend a "face-to-face" meeting with-on~ of the designated consumer credit counseling agencies listed ~t~the end of this Notice. ~HIS MEETING MUST OCCUR WITHIN THE'NEXT..($0} DAYS. iF YOU DO NOT APPL'z ~0R EMER~Fa~y MORTGAGE ASSISTANCE' YOU MUST BRING YOUR MORTGAGE TO DAu'.. ~E PART OF THIS NOTICE CALLED:"HOW TO ~E'YOUR MORTGAGE DEFA~LT," W](~AINS HOWTo BRIN~ YOUR MORi~AGE UP TO DATF. DF353~001/C30 . May 30, 2001 Loan No. 6833005871 Page 4 PA Act 91 Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above'. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE~ IF YOU ARE,CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS IS FOR INFORMATION PURPOSES ONLy AND S~OULD NOT ~E CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If yOU have filed bankruptcy you can still apply for Emergency Mortgage Assist~nee.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it uD to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on youri.property located at: 400 Mountain Rd Newville PA 17241 IS SERIOUSLY ~N DEFAULT because: YOU HAV~NOT MADE YOOR=MONTH~ MORTGAGE' PAYM~TS for the following mont~s ~nd-the foll6wing-amounts are now~ 'ue: 7 Months at $721.10 5,047.70 Months at $ = .00 Months at $ = .00 Late Charges 201.88 Bad Check Fees .00 Foreclosure Fees .00 Bankruptcy Fees / .00 / 20 Other Fees 39100 Less Suspense Balance TOTAL AMOUNT DUE ~,288.78 AS OF THIS~DAT~ / HOW TO CURE THE DEFAULT - You~ay cure the default within THIRTY (30) ~B--~f--~e~s notre BY PAYING THE TOTAL AMOUNT PAST DUE TO THE ~ENDER WHICH IS $ 5,~8.78 PLUS ANY MORTGAGE PAYMENTs AND LATE- CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check~ certified check, or money order made payable and sent to: First Nationwide MortgaGe Corporation Dept. 0107 Palatine, IL60055-0107 DP354-001/C30 May 30, 2001 Loan No. 6833005871 Page 6 PA Act 91 RIQHT TO CUR~ T~E DEFAULT PRIOR THE S~RIFF'S SA?.~ - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sherl~f'n Sale. You may do so by Da¥in~ the total amount then past due, Plus any late or other charges-then due, reasonable attorney's fees and cost. connected with the foreclosure sale and other cost connected with th~ ~heriff's Sale as specified in writing by the lender and by performinq any other requirements under the mortgage. Curing your ~efault in the manner set fOrth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE S~!FF'S SALE DATE - It is estimated that the e~lie~t d~te that such a She~'~al~-'6~-~h~"~6r~g~--~y CSU-i~ be held would be approximately $ months from the date of this Notice. A notice of the actual date of the Sheriff's Sale Will be sent to you before the sale. Of course, the amount needed to cure ~the default will increase the longer you wait.-You may find out at any time-exactly what the rec/~ired payment or action will be by contacting ~he lender. HOW TO CONTACT THE LENDER: First Nationwide Mortgaae Corporation 5280 Corporate Drive Fre~erick~ MD 21703 Department 252 1-800-888-4333 EFFECT OF THE SHERIFF'S SA~.~ - You should realize that the Sheriff's Sale will end Your Ownership of the mortgaged property and your right to occuPY it. If you continue, to live in ~h~Property after the Sheriff's Sale, a lawsuit to remove~you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAQ~ - You, UPON OUR.CONSENT may sell or transfer your home to a buyer or transferee who-will assume the mortgage debt, provided that all the-outs~anding payments charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgag~ are satisfied. YOU NAY ALSO HAVE THE RIGHT~ * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE-DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR'ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. DF355-001/C30 ~OLDBECKMCCAFFERTy & MCKEEV~K JOSEPH A. ~OLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEV~R, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. : F/K/A LOMAS MORTC4%GE PARTNERSHIP: LP PO Box 9481 : Mail Code: 22-528-1011 : Gaithesburg, MO 20898-9481 : VS : I{A~Ry D. GIPE : ~LYN R. GIPE : (Mortgagors and Real Owners) : 400 Mountain Road : Newville, PA 17241 : IN THE COURT OF CO~ON PLEAS OF CUMBERLAND COUNTY No. 01-4532 Civil Term TIIIS I~ FI~ IS A D~T COIw.~-"~OH ~ ~ AH~ A'I-r~PTI~ TO COTw.~T~ A D~BT O~,, TO O~H CLI~T. ANY INF(~ATI~ MOTION FOR SUBSTITUTED SERVIC~ UNDER PA.R.C.P. Plaintiff, by and through its attorney, Michael T. McKeever, Esquire, in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 400 Mountain road, Newville, PA 17241, hereinafter, the "mortgaged prem/ses-. 2. Defendants, HARRY D. GIPE AND EVELYN R. GIPE, are the mortgagors and real owners of the mortgaged premises. 3. The last knownaddress of Defendant, Ham~y D. Gipe, is 88 Seavers Road, Newville, PA 17241. 4. The Sheriff has been unable to effect service of the Cou~laint upon Defendant at his last known address after numerous attempts. 5. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant byposting the ' prem~sesand certified and regular mail to the Defendant's last known address. BY: ~~EV~R, ESQUIRE GOLDBECKMCCAFFERTy & MCKEB~ER JOSEPH A. ~OLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEE~R, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIO~-WIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNerSHIP: LP PO Box 9481 Mall Code: 22-528-1011 Gaithesburg, MO 20898-9481 VS HARRy D. GIPE EV~LYNR. GIPE (Mortgagors and Real Owners) 400 Mountain Road Newville, PA 17241 IN THE COURT OF CO~)N PLP~S OF CDMBERLAND COUNTY No. 01-4532 Civil Term I, MICHAEL T. MCKEB~aK, ESQUIRE, Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to thepenalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. BY: ~J~, ESQUIRE ~OLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOld)BECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEV~d{, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. : F/K/A LOMAS MORTGAGE PARTNERSHIP: LP PO BOX 9481 Mail Code: 22-528-1011 : Gaithesburg, MD 20898-9481 : vs HARRy D. GIPE EVELYN R. GIPE (Mortgagors and Real Owners) : 400 Mountain Road : Newville, PA 17241 : IN THE COURT OF C0~N Pr,~AS OF CUMBERLAND COUNTY No. 01-4532 Civil Tem MEMORANDUM OFLAW IN SUPPORT OF MOTiC=; FOR SUB~TiTU'£~3 ~.{f.l.,gvlC]{ []ND]~R Pa.R.C.P. 430(a) Plaintiff has filed a C~,plaint in Mortgage Foreclosure against Defendant which the Sheriff has been unable to personally serve upon Defendant, Harry D. Gipe. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the C~laint in Mortgage Foreclosure upon Defendant, Harry D. Gipe, by posting the premises and certified mail and regular mail to the Defendant's last known address. 0 ZOO1 GOLDBECKMCCAF~TY &MCKEEv~K JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCK~EVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. : F/K/A LOMAS MORTGAGE PARTNerSHIP: LP : PO Box 9481 : Mail Code: 22-528-1011 : Gaithesburg, MD 20898-9481 : VS : HARRY D. GIPE : EVELYN R. GIPE : (Mortgagors and Real Owners) : 400 Mountain Road : Newville, PA 17241 : IN T~U~ COURT OF CO~N PLEAS OF CUMBERLAND COUNTY No. 01-4532 Civil Term AND NOW, this upon consideration of Service under Pa.R.C.P. ~ ~ day of ~ 2001, the Plaintiff's Motion for Substituted 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendant, Harry D. Gipe, has been unsuccessful, it is, O~DE~R~ and DECREED: that Plaintiff's Motion is granted and the Sheriff and/or Plaintiff is directed to Serve th~ CO~01aint in Mortgage Foreclosure uponDefendantbyposting a copy of the Complaint upon the premises 400 Mountain Road, Newville, PA 17241 and Plaintiff ,.\/\ is directed to serve the C~laint by*certified and regu/ar mail to the Defendant's last known address of 88 Seavers road, Newville, PA b~~ 17241 and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY Jo SHERIFF'S RETURN - CASE NO: 2001-04532 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS GIPE HARRY D ET AL REGULAR BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLJtINT - MORT FORE was served upon GIPE HARRY D the DEFENDANT , at 1453:00 HOURS, on the 29th day of January , 2002 at 400 MOUNTAIN ROAD NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 400 MOUNTAIN ROAD NEWVILLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge 18 00 8 28 6 00 10 00 00 42 28 Sworn and Subscribed to before me this ~Z~5~ day of ~.~ >3~2~ A.D. /Pz4ot honor ary So Answers: R. Thomas Kline 01/30/2002 GO LDBECK MCCAFFE~Y MCKEEVE~ Deputy Sheriff · IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff Vs. HARRY D. GIPE EVELYN R. GIPE (Mortgagors and Record Owners) 400 Mountain Road Newville, PA 17241 Defendants No. 01-4532 Civil Term PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES 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. Kindly enter judgment in favor of the Plaintiff and against HARRY D. GIPE and EVELYN R. GIPE, Defendants for failure to file an Answer to Plaintiffs Complaint within 20 days (or 60 days if defendant is the United States of America) from the date of service of the complain and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest- 8/1/01 - 3/15/02 Late Charges TOTAL $81,671.93 $ 3,849.92 $ 288.40 $85,810.25v/ I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accord~r~ce with Rule 237.1, Copy attached. ~.,~ //~ Joseph tGolabeckgr. Attom~/y/for Plaintiff I.D. #1~132 DAMAGES ARE HEREBY ASSESSED AS INDICATED. PR~ PROTI~' -- AND NOW /~~, l C~ , ~C~-~ , Judgment is entarcd in favor of FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE~'PARTNERSHIP LP and against HARRY D. G1PE and EVELYN R. GIPE by default for want of an Answer and damages assessed in the sum of $85,810.25 as per the above certification. Prothonotary 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. DATE OF THIS NOTICE: February 19, 2002 TO: EVELYN R. GIPE 400 Mountain Road Newville, PA 17241 FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22~528-1011 Gaithersburg, MD 20898-9481 HARRY D. GIPE EVELYN R. GIPE (Mortgagor(s) Record Owner(s)) 400 Mountain Road Newville, PA 17241 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE rernl No. 01-4532 Civil Term TO: EVELYN R. GIPE 401l Mountain Road Newville, PA 17241 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 F1ND OUT WHERE YOU CAN GET LEGAL HEI.P: B~seph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. I 1 I S. lndcpendence Mall East Philadelphia, PA 19106 215-627-1322 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. DATE OF THIS NOTICE: February 19, 2002 TO: HARRY D. GIPE 400 Mountain Road Newville, PA 17241 FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 VS. HARRY D. GIPE EVELYN R. GIPE (Mortgagor(s) and Record Owner(s)) 400 Mountain Road Newville, PA 17241 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE rern'l No. 01-4532 Civil Term TO: HARRY D. GIPE 400 Mountain Road Newville, PA 17241 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: ~ UMBERLAND COUNTY BAR ASSOCIATION EVER Attorney for Plaintiff Suite 500 - The Bourse Bldg. I 11 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM ISA DEBT.COLLECTOR ANDWE 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. DATE OF THIS NOTICE: February 19, 2002 TO: HARRY D. GIPE 88 Seavers Road Newville, PA 17241 FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 VS. HARRY D. GIPE EVELYN R. GIPE (Mortgagor(s) and Record Owner(s)) 400 Mountain Road Newville, PA 17241 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE rerli1 No. 01-4532 Civil Term TO: HARRY D. GIPE 88 Seavers Road Newville, PA 17241 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: ['li~ B~R ,;~ND COUNTY BAR ASSOCIATION 'GAL 'ERVICES INC B~seph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 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. DATE OF THIS NOTICE: February 19, 2002 TO: EVELYN R. GIPE 88 Seavers Road Newville, PA 17241 FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 VS. HARRY D. GIPE EVELYN R. GIPE (Mortgagor(s) and Record Owner(s)) 400 Mountain Road Newville, PA 17241 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE We/Ill No. 01-4532 Civil Term TO: EVELYN R. GIPE 88 Seavers Road Newville, PA 17241 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITYEN 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: ~'~JM BER, LAND COUNTY BAR ASSOCIATION ~(~ ~,.,,~, ~:~, ~i~['_~ ~o~ TM 3 B~,~Sseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, HARRY D. GIPE, is about unknown years of age, that Defendant's last known residence is 88 Seavers Road, Newville, PA 17241 and is engaged in the unknown business located at unknown address. 2. That the above named Defendant, EVELYN R. GIPE, is about unknown years of age, that Defendant's last known residence is 88 Seavers Road, Newville, PA 17241 and is engaged in the unknown business located at unknown address. 3. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: March 15, 2002 Jose Gof eck, Att~ey fo~/Plaintif f PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO: 01-4532 Civil Term HARRY D. GIPE EVELYN R. GIPE VB. Defendants : PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/15/02 to sale date at $14.11 per diem Total $85,810.25 Plus Costs Philadelphia, PA 19106 Attorney for Plaintiff Note: Please attach description of property. Ail that certain tract of land located in Lower Mifflin Township with improvements thereon: Beginning at a point in the right of way of T-418, also known as Meadows Road; thence in the right-of-way South 65 degrees, 24 minutes, 35 seconds East 91 feet to a railroad spike; thence in the right-of-way of T-383, also known as Mountain Road, South 23 degrees 31 minutes 56 seconds West 456 feet to a railroad spike; thence by land now or formerly of Filomena Calabrase, North 65 degrees 32 minutes 36 seconds West 144.95 feet to an iron pin; thence by land now or formerly of Clifton L. Prue, North 30 degrees 17 minutes 20 seconds East, 458.53 feet to a railroad spike in the right-of-way of T-418, the place of beginning. Tax Parcel #15-05-0411-001 Being known as 400 Mountain Road, Newville, PA 17241 Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff Vs. No. 01-4532 Civil Term HARRY D. GIPE EVELYN R. GIPE (Mortgagors and Record Owners) 400 Mountain Road Newville, PA 17241 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. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary /- DePuty If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff VS. HARRY D. GIPE EVELYN R. GIPE (Mortgagors and Record Owners) 400 Mountain Road New~zille, PA 17241 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 400 Mountain Road, Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): HARRY D. GIPE 88 Seavers Road, Newville, PA 17241 EVELYN R. GIPE 88 Seavers Road, Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: HARRY D. GIPE 88 Seavers Road, Newville, PA 17241 EVELYN R. GIPE 88 Seavers Road, Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320, Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Members 1st Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: March 15, 2002 BY: JoSeph A. GWldbeck, Jr., Esq. Attorn~ for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATION-WIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff Vs. HARRY D. GIPE EVELYN R. GIPE (Mortgagors and Record Owners) 400 Mountain Road New~ille, PA 17241 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 400 Mountain Road, Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): HARRY D. GIPE 88 Seavers Road, Newville, PA 17241 EVELYN R. GIPE 88 Seavers Road, Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: HARRY D. GIPE 88 Seavers Road, Newville, PA 17241 EVELYN R. GIPE 88 Seavers Road, Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320, Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Members 1st Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: March 15, 2002 Jospeh A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff Vs. HARRY D. GIPE EVELYN R. GIPE (Mortgagors and Record Owners) 400 Mountain Road Newville, PA 17241 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE TERM NO. 01-4532 Civil Term CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Josep~~A. Go~eck, Jr. Atto~li~y fol~r plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.# 16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff Vs. HARRY D. GIPE EVELYN R. GIPE (Mortgagors and Record Owners) 400 Mountain Road Newville, PA 17241 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SI-IERIFF*S SALE OF REAL PROPERTY TO: GIPE, EVELYN R. EVELYN IL GIPE 88 Seavers Road Newville, PA 17241 Your house at 400 Mounta'm Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, September 04, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $85,810.25 obtained by FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriffof 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full mount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the mount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffthirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff Vs. HARRY D. GIPE EVELYN R. GIPE (Mortgagors and Record Owners) 400 Mountain Road Newville, PA 17241 Defendants 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GIPE, HARRY D. HARRY D. GIPE 400 Mountain Road Newville, PA 17241 Your house at 400 Mountain Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, September 04, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $85,810.25 obtained by FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SI-IERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriffof 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full mount due in the sale. To find out if this has happened, you may call the Sheriffof 717-240-6390. 4. If the mount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeclq Jr. Attorney I.D.# 16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff Vs. HARRY D. GIPE EVELYN R. GIPE Mortgagors and Record Owners 400 Mountain Road Newville, PA 17241 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 01-4532-Civil Term CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c} (2} Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office/~a.v,:,.2 _. :-_:~ (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). Certified mail by Sheriffs Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. yfUlly submitted, h~~. o.l.d~ec~ J:.~~¢ for Plaintiff 7160 3901 9844 7671 8878 TO: GIPE, EVELYN R, EVELYN R. (~IPE 88 Seavers Road Newville, PA 17241 SENDER: GOLDBECK MccAFFERTY & MCKEEVER Mar~h 15, 2002 REFERENCE: GIPE, HARRY O. / FN-0255 09/04/02 - C~mb~H~d PS Form 3800 June 2000 RETURN Postage LRestficted Delive~ Receipt for ~-rbfied Mall No I~surance Coverage pr~ided Do Not Use for international Mail First Nationwide Mortgage Corporation F/k/a Lomas Mortgage Partnership LP VS Harry D. Gipe and Evelyn R. Gipe In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4532 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 15, 2002 at 12:38 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Harry D. Gipe, by posting the premises located at 88 Seavers Road, Newville, Cumberland County, Pennsylvania, pursuant to a court order. Michael Barhck, Deputy Sheriff, who being duly sworn according to law, states that on May 15, 2002 at 12:38 o'clock PM, he served a true copY of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Evelyn R. Gipe, by making known unto Evelyn Gipe, personally, at 88 Seavers Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2002 at 6:38 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Harry D. Gipe and Evelyn R. Gipe located at 88 Scarers Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to laW says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Harry D. Gipe, by regular mail to his last known address of 88 Seavers Road, Newville, PA 17241. This letter was mailed under the date of July 16, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Evelyn R. Gipe, by regular mail to her last known address of 88 Seavers Road, Newville, PA 17241. This letter was mailed under the date of July 16, 2002 and never returned to the Sheriff's Office Sworn and subscribed to before me This 2002, A.D. ~dayof Prothonotary R. Thomas Kline, ~heriff al Estate Deputy GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.# 16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff Vs. HARRY D. GIPE EVELYN R. GIPE Mortgagors and Record Owners 400 Mountain Road Newville, PA 17241 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term _AFFIDAVIT PURSUANT TO RULE 3129 FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 400 Mountain Road, Newville, PA 17241 1.Name and address of Owners or Reputed Owners: HARRY D. GIPE 88 Seavers Road Newville, PA 17241 EVELYN R. GIPE 88 Seavers Road Newville, PA 17241 2. Name and address of Defendants in the judgment: HARRY D. GIPE 88 Seavers Road Newville, PA 17241 EVELYN R. GIPE 88 Seavers Road Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Members 1 st Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and ad&ess of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I veri~ that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: August 19, 2002 .~.~oIjE~K~'IcCAI~'FERTY & McKEEVER ~/Jm°eS;~ohrAp. laGinOlidf~eck, Jr., Esq. TO: GIPE, EVELYN R. EVBI.YN R. dIPE 88 Seavers Road Newville, PA 17241 SENDER: REFERENCE: GOLDBECK MCCAFFERTY & McKEEVEP~ March 15, 2002 GIPF~, ltARR¥ D. I FN-0255 09/04/02 - Cumloefland PS Form 3800 June 2000 DeliverY Recetpt for ,~ Certified Mail insurance Coverage pmvide~ ~oNot Use ~r international Marl ............................................... ............................. AFFIX POSTAGE TO MAIL PIECE TO COVER FI'RST CLAS*S POSTAGE, CERTIFIED FEE RETU CHARGEs FOR A v~., .~_ RN RECEIPT FEE Nn I ~ . . N. ocLc~:TE, D OPTIONAL .~:r~uf,*,A~-- -. uerac~ the form 3811 D^ · --.,-,,.,cS. , umes ~c return receipt by tear- mg left to right across peri, Attach to mailpiece by peeling back the adhesive strips and affixing to front of mailpiece if Space permits, Otherwise affix to back of mai/piece. 2. If you do not want the receipt postmarked, stick the article # label to the right of the return address, date receipt and retain the receipt. 3. if you want this receipt postmarked, slip the 3800 receipt betWeen the return rece pt, and the mailpiece, and slide the edge of the receipt to the gummed edge of adhesive. This wJJJ hold the receipt in place to present to your mailcenter, or post office service Window. (SEE iLLUSTRATioN) 4. Enter fees for the services requested in the appropriate spaces on the front of this receipt. 5. Save. this receipt and present it if you make an inquiry. tot fees fo . ~ Oave this reA'_7'mrs receim ~Uested in the ~ """'~~etpt and Pre~, . . aPPropriate .~,FFIX POSTAGE ~'"'~i'feEs FOR"."..~,c_u FEE, RE'CuT~o,,u_OVER FI'RST ,.. .I. Detach ,6 ~t' SELECTED ~_ RECEIPT FciC. LAss lng left ~^ . ule forn~ 3,q~ · ~'TIONAi ~,_ ~CAND back th~'v r~ht aCross ',,~.? Domestic r~, ' °ERVIcEs. sna~ - auhesive .,,. ~e~. Attach ~ ~Urn rece/ ~ ~ Per, ilo ~,~ -,nps an~ ~ . ~u mailn;~ Pt by tear. 2 ~, ,o. ~me~/~_ ~ ~mXlnn t~ , ~,~ce by ~ ,. ~. ' You d~ ~u a~x to k.~ ~ cront Of -. · ~e,ng ,~ retain the r- ¢.~e right of Ih* uecpt Postmar~ 3. If ~cetpt. ~ return addr "~, Stick th~ be~ee~y°u want this rec · ess, date edge ~¢ ,~the return O~ce ~ 'ece¢pt in o1~ ~ uUmmed e~* Iptece. and ~,.~ ce¢pt ~FFIX 4s~a Enter fees ~ Save this~r.°-nt ?f this rec~S_, requested in ,L 1. CLAss ing I back Space by tear. 2, If article # and reta~? P°strnarke~ 3h~*. If y°u Wan .... ~ address ~. St~ck the ..~,ween the re,.' u~/s receipt .... ' ¢~e receipt ~Uge of the ._~Lurn receiD! ~'"~rnarked hold the r^ '~Ceipt to the '-' and the rnai'~ '''~' ~ne 3800 r* - office - ~Ce/pt in ol~¢ gUmmed e~ /P¢ece, and o .~~ce/pt oerv¢ce Wind,~,,~"~e to Prese.,. ~e Of adhes . ~/¢~e the ~"'" (SEE ILL.'~ YOur rnailc ,~e This WlTl ~'~ ~ ~-A TION) enter, Or post COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Veterans Affairs, Sec is the grantee the same having been sold to said grantee on the 4t__hh day of Sept A.D., 2002, under and by virtue of a writ Execution issued on the 19th day of March, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 4532, at the suit of First Nationwide Mt~ Corp f/k/a Lomas Mtg Partner against Harry D Gipe & Evelyn R is duly recorded in Sheriff's Deed Book No. 253, Page 3709. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ox. 6, day of . A.D. 2002. I RbcordeiVof Deeds First Nationwide Mortgage Corporation F/k/a Lomas Mortgage Parmership LP VS Harry D. Gipe and Evelyn R. Gipe In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4532 Civil Term Michael Banfick, Deputy Sheriff, who being duly sworn according to law, states that on May 15, 2002 at 12:38 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Harry D. Gipe, by posting the premises located at 88 Seavers Road, Newville, Cumberland County, Pennsylvania, pursuant to a court order. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 15, 2002 at 12:38 o'clock PM, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Evelyn R. Gipe, by making known unto Evelyn Gipe, personally, at 88 Seavers Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2002 at 6:38 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Harry D. Gipe and Evelyn R. Gipe located at 88 Seavers Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Harry D. Gipe, by regular mail to his last known address of 88 Seavers Road, Newville, PA 17241. This letter was mailed under the date of July 16, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Evelyn R. Gipe, by regular mail to her last known address of 88 Seavers Road, Newville, PA 17241. This letter was mailed under the date of July 16, 2002 and never returned to the Sheriff's Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to .law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County Pennsylvania, on September 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for Secretary of Veterans Affairs. It being the highest bid and the best price received for the same Secretary of Veterans Affairs of 5000 Wissahickon Ave., Philadelphia, PA 19144, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $647.82, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 12.70 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer I 0.00 Law Library .50 Prothonotary 1.00 Mileage 15.18 Certified Mail 14.24 Levy 15.00 Surcharge 30.00 Law Journal 204.95 Patriot News 174.55 Share of Bills 25.20 Distribution of Proceeds Sheriff's Deed 25.00 29.50 $ 647.82 paid by attorney 9/23/02 Swom and subscribed to before me This ~? ~ day of ~ R. Thomas Kline, Sheriff /P/othon~ary Reaf~stat~JDeputy GOd,BECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff Vs. HARRY D. GIPE EVELYN R. GIPE (Mortgagors and Record O~-ners) 400 Mountain Road Newville, PA 17241 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 400 Mountain Road, Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): HARRy D. GIPE 88 Seavers Road, Newville, PA 17241 EVELYN R. GIPE 88 Seavers Road, Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: HARRY D. GIPE 88 Seavers Road, Newville, PA 17241 EVELYN R. GIPE 88 Seavers Road, Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELICTIONS OF CUMBERI~/qD COUNTY PO Box 320, Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Members 1st Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: March 15, 2002 BY: JoSeph A. GWldbeck, Jr., Esq. Attorn~ for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215~627° 1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff Vs. HARRY D. GIPE EVELYN R. GIPE (Mortgagors and Record Owners) 400 Mountain Road Ncwville, PA 17241 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GIPE, HARRY D. HARRY D. GIPE 400 Mountain Road Newville, PA 17241 Your house at 400 Mountain Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, September 04, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $85,810.25 obtained by FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to FIRST NATIONWIDE MORTGAGE CORP. F/YJA LOMAS MORTGAGE PARTNERSHIP LP, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffthirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898~9481 Plaintiff Vs. HARRY D. GIPE EVELYN R. GIPE (Mortgagors and Record Owners) 400 Mountain Road Newville, PA 17241 Defendants 1N THE COURT OF COMMON PLEAS of Cumberland County CML ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GIPE, EVELYN R. EVELYN IL GIPE 88 Seavers Road Newville, PA 17241 Your house at 400 Mountain Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, September 04, 2002, at 10:00 AM, in Commissioners Heating Rm 2nd FL Courthouse to enfome the court judgment of $85,810.25 obtained by FIRST NATIONWIDE MORTGAGE CORE. F/K/A LOMAS MORTGAGE PARTNERSHIP LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAI,F, To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to FIRST NATIONWIDE MORTGAGE CORE. F/K/A LOMAS MORTGAGE PARTNERSHIP LP, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF 'I'HE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, OO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 Ail that certain tract of land located in Lower Mifflin Township with improvements thereon: Beginning at a point in the right of way of T-418, also known as Meadows Road; thence in the right-of-way South 65 degrees, 24 minutes, 35 seconds East 91 feet to a railroad spike; thence in the right-of-way of T-383, also known as Mountain Road, South 23 degrees 31 minutes 56 seconds West 456 feet to a railroad spike; thence by land now or formerly of Filomena Calabrase, North 65 degrees 32 minutes 36 seconds West 144.95 feet to an iron pin; thence by land now or formerly of Clifton Lo Prue, North 30 degrees 17 minutes 20 seconds East, 458.53 feet to a railroad spike in the right-of-way of T-418, the place of beginning. Tax Parcel #15-05-0411-001 Being known as 400 Mountain Road, New~ille, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-4532 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST NATIONWIDE MORTGAGE CORP. F/ICJA LOMAS MORTGAGE PARTNERHSIP L P PLANTIFF(S) From HARRY D. GIPE AND EVELYN R. GIPE (1) You are directed to levy upon the property of the defendant(s) and to sell SEE ATTACHED DESCRIPTION OF PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and fi.om delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $85,810.25 L.L.$.50 Interest FROM 3/15/02 TO SALE DATE AT $14.11 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $228.83 Other Costs PLUS COSTS Plaintiff Paid Date: MARCH 19, 2002 REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQ Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. CURTIS R. LONG Prothonotary, Civil Division Real Estate Sale # 3'7_ On May 14, 2002 the sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA known and numbered as 400 Mountain Rd., Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 14, 2002 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-New.~ and Tile ~4DJ~ELQ~,~iy~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .~ ~:...~/~ COPY ~JJ .................................. Sworn to _ . ' e P:~"-'bhis 14th da;,~Au~002 A.D. Writ No. 2001-4532 t Ci~ , . I~ Natk~de My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 172.80 Probating same Notary Fee(s) $ 1.75 Moan~ath Road, South 23 d~grces 31 rain.les 56 Total ~ West 456 f~t ~ a ~1~ s~; ~ ~]~d ~ or ~dy of Fd~ ~, $ 1 74.5 5 ~tm~n;~byl~ Publisher's ~c~lpt for Advertl~ln9 Gost yofCH~L~c,N~ 17 ;o., publisher of The Patriot-News and The nd Patriot-News newspapers of general ~a,~s ~ ~ ~ 458.53 ~ m a ~l- ~aa*~t~f-way~T4tS,~p~ dge receipt of the aforesaid notce and publication costs and cedifies that the same have of B~G. PA 17~L By ............................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. RE.~L ESTATE SALE NO. 32 Writ No. 2001-4532 Civil First Nationwide Mortgage Corp., f/k/a Lomas Mortgage parmership LP VS. Harry D. Gipe and Evelyn R. Gipe Atty.: doseph Goldbeck All that certain tract of land lo- cated in Lower Mifflin Township with improvements thereon: BegirmJng at a point in the right of way of T-418, also known as Meadows Road: thence In the right-of-way South 65 degrees. 24 minutes. 35 seconds East 91 feet to a railroad spike: thence in the right-of-way of T-383, also known as Mountain Road, South 23 de- grees BI minutes 56 seconds West 456 feet to a railroad spike: thence SWORN TO AND SUBSCRIBED before me this 9 .day of AUGUST, 2002 cared in Lower Mifflin Township with improvements thereon: Beginning at a point in the right of way of T-418. also known as Meadows Road; thence in the right-of-way South 65 degrees, 24 minutes. 35 seconds East 91 feet to a railroad spike; thence in the right-of-way of T-383, also known as Mountain Road, South 23 de- grees 31 minutes 56 seconds West 456 feet to a railroad spike; thence by land now or formerly of Fflomena Calabrase, North 65 degrees 32 minutes 36 seconds West 144.95 feet to an iron pin; thence by ]and now or formerly of Clifton L. Prue, North 30 degrees 17 minutes 20 seconds East, 458.53 feet to a rail- road spike in the right-of-way of T-418, the place of beginning. Tax Parcel #15-05-0411-001. Being known as 400 Mountain Road, Newville, PA 17241.