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01-04532
GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECKI JR. ATTORNEY LD. #16132 SUTTE 500 -THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIAtPA 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 Mortgagor(s) and Real Owner(s) 400 Mountain Road Newville, PA 17241 IN THE COURT OF CONIMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE N~C~1-yS~~i~l~ /E'!L Defendant(s) ~iVIL r~CTION: MORTGAGE "'") f~fOECI.QSURE 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 b defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with [he court yom defenses or objections m the claims set forth against you. You are warned [hat if you fail to do so the case may proceed without you and ajudgmen[ may be entered against you by the Court without further notce for any money claim in the Complaint offor any other claim or relief requested by the Plaintiff You may lose money or property or other rights important to you ' YOU SHOULD TAKE THIS POPLR TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT APPORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Lberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC Blrvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEiAS PERESENTADAS, ES ABSOLUTAMEFITE NHCESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AV1S0. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUB?R OB3ECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICB'ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECB)IR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZAN DE ESA DECISION, E8 POSSIBLE QUE USTED PUEDA PERDER DINERQ PROPIEDAD U OTROS DERECHOS A4PORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REPERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY HAR ASSOCIATION 2 Eberly Avenue Carlisle, PA 17013 LEGAL SERVICES INC B Irvine Row Carlisle, PA 17013 717-243-9400 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is FIRST NATIONWIDE MORTGAGE CORP. F/I{/A LOMAS MORTGAGE PARTNERSHIP LP, PO Box 9481, Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481. 2. The name(s) and address(es) of the Defendant(s) is/are HARRY D. GIPS, 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 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. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November O1, 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 ] 0/01/2000 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 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 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 interest at the rate of $16,96, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: ~ ~~ GOLD C cCAFFERTY & McKEEVER BY: 7 SEPH A. GOLDBECK, 7R., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Dennis Kieft as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsificat'on to authorities. Date: Denni ieft, Vice President Jul ,1L+ U1 11:44a aryl Rll LHW UFh lUI_ '/1'/-L49-811U p.4 a REOOOpf p-!hFFICE DF TIIE ' REO Gn'C(.. OF DEf US !Pk1.5':~^a$ACi li l?i I P':::: L'/d IU '~ CU).IRFRLAhJ COUN iy-Pp, - % IiCti~!P,„oi:i:9s qr It r'f•'i•;VS ~D,Q4 :k:~~` a '92 JUff 3 pIU 2 52 ~ r' ..:.. ='~`,A..,:~i- .. I! ~.:. x : l _.. ....... ...... MAD1: TI{E Q Jay of~,'/.IM~O J in the year of our LorJ one {hausand nine hundreJ ninclY-Iwo (1992) (//I~ BETWEEN CiENE H. FISH, JR. mld MA2(ilE FISH, husband and wife, oC Cumhedand County, Pcn nsylvnnia, hcrcinn Dcr rcforrcJ In us: G rmrlors, anJ tIARRY U. (8PE and EVELYN R. GIPC•, hesba nd unJ wile, of Cmnherland Cuurtty, {'en nsylvaniu, bore ins fter ru lcrred to as: , (iranmes, WITNESSE'fll, (hn( in cmuidemtinn of Se ven(y~cig4l Thmrs¢nd nnJ 00/100 Dollars (S7g,B0U.00) in hunt p¢iJ, the receipt wlrcrcof Is hereby ncknnwleJgeJ, the suit Grantors Jo bcreby grant noel convey to dre snit Grantees, Ihcir heirs onJ assigns; AhL TII A'f CHIiTA1N uucl of InnJ lacvlud in Lower Mifflin Township with improvements thcrco¢. aERINN{NG ¢l a point in Nc right-of-way of T-qlg, also known as Moaduws RonJ; lhcncc in Iho right-of-way Snntle GS degrees 2Y minutes 35 SeemrJs East 91 feel to a railroaJ spike; lhcncc in the right-of-w::Y of T-983, also known es Mu¢nluin RnuJ, Sunlh 21 Jcgrees L .inntes S! sceunJs Wesl 456 feet to u rnifmuJ spike; lhcncc by huW now or Connurly of Pilomena Cuh:b rose, Noah GS dogl'ens 92 minutes 3G sccon Js West Iq4 IS feel In nn Iron pin; Ilsencc by ImtJ now or formerly of Clifwn L. Prue, Nurlh 9U Jegrocs 17 minuses 20 scconJs L-asy i5g.53 tem w a roilrwJ spike in the rig Lt-oC-svay u7 T-47b, the Plnce of BEGINNING, BE1NC the some premises which The Cummonwc:Jlh National Bank by Acct JamJ Scplumbcr 5, 1985 anJ rccordeJ in Cumbcrlnnal Cunnly DecJ Book "M', Vul. Ji, Page 270, graumJ and convcyuJ unto Gc ac 11. Fish, ]r., Gr;mtor 6crcin. ' AND the sail Grantors hereby covenant anJ agree (hat they will worrant specially the property hereby convcycJ.. IN WITNESS WI(EREOF, snit Grantors have hereunto set Wcir hanJs nnJ snarls the Jay and year (its! above written. SI(iNL•D, SEALED ANU DGLIVERHD SN Th[E PRESENCE DF (seal) (seal) The above description being in accordance with the survey attached hereto and made Exhibit ".A". 3aGK~C 3J PAGE Q~ DE P.O. Box 9481 Gaithersburg. MD 20898-9481 Harry D Gipe - 400 Mountain Rd Newville PA 17241-9646 71 alo ~I 5~51~93 ©ZZ~j y SSA May 30, 2001 ~//// Certified Mail" Return Receipt Requested RE: Loan No. 6833005871 Dear Mortgagor: Act 9-1 Notice Take Action to Save Your H®-From= Fare~losure La notificacion en adjunto es de-soma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible pars un prestamo por el programa llamado "Homeowner's EmergencX Mortgage Assistance Program" el coal puede salvar su casa de la perdida del derecho a redimir su hiPOteca. DF350-002/C30 5280 Corporate Drive, Frederick, MD 21703 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. °11 D~.a ~Sls i a-93 ~~ y5~ ~ tsr P.O.Box9481 Gaithershurq, MD 20898-9481 Evelyn R Gipe 400 Mountain Rd Newville PA 1724 -9646 May 30, 2001 Certified Mai Return Receipt Requested RE: Loan No Dear Mortgagor: 6833005871 Act 91 Notice Take Action to Save Your- Home From: Foreclosure = = _ -- x = La notificacion en adjunto es de soma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible Para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar su casa de la perdida del derecho a redimir su hipoteca. DF356:-001/C30 5280 Corporate Orive, Frederick, MD 21703 %~. 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. May 30, 2001 Loan No. 6833005871 Page 2 Homeowner's Name: Property Address: Loan Account No.; Original Lender: Current Lender/Se Harry D Gipe 400 Mountain Rd Newville PA 17241 .6833005871 - United Savings Assn of Texas FSB rvicer: First Nationwide Mortgage HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM! PA Act 91 IF YOU COMPLY WITH-THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), '.YOU MAY BE ELIGIBLE FOR EMERGENCY ASSISTANCE: * IF YOUR DEFAULT-HAS SEEN CAUSED=H1~ CIRCUMSTANCES BEYONDiYOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING AHLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED HY 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 one of the designated consumer credit counseling agencies listed at the end of this Notice. DF353-001/C30 May 30, 2001 Loan No. 6833005871 Page 3 CONSUMER CREDIT COUNSELING AGENCIES - 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: The names, addresses and telephone numbers It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATIONS FOR MORTGAGB ASSISTANCE - 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 to-resolve this problem with.the_lender, you have. _ .. . the-right to apply for financial-assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file compleCed Homeowners' Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies Tisted at the end of this Notice. Only consumer credit counseling agencies have ap`js~ications for the program and they vrill assist you in=submitting a complete 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 DO NOT FOLLOW THS OTHER TIME PERIODS SE FORECLOSURE MAY PROCEED AGAINST YOUR HOME I APPLICATION FOR MORTGAGE ASSISTANCE WILL BE AGENCY ACTION: Available funds for emergenc very limited. They will be disbursed by the bility criteria established by the Act. The YOU FAIL TO DO SO OR IF T FORTH IN THIS LETTER, MMEDIATELY AND YOUR DENIED. y mortgage assistance are Agency under the eligi- 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 THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BS CONSIDERED AS AN ATTEMPT TO COLLECT TH8 DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Asaiatance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) N'ATURB OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 400 Mountain Rd Newville PA 17241 IS SERIODSLY IN DEFAULT because: YOU HA1tE- NOT MADE YOUR-"MO_NTHIf'y[ MORTGAGE- PVS for the following month=s and the following amounts are now pa due: 5 047 70 7 Months at $721.10 = Months at $ _ Months at $ _ Late Charges Bad Cheek Fees Foreclosure Fees Bankruptcy Fees Other Fees Less Suspense Balance TOTAL AMOUNT DU8 .00 .00 201.88 .00 .00 .00 /39.20 .DO ,zaa.7a AS OF THIS DATE HOW TO CURE. THE DEFAULT - You ay cure the default within THIRTY (30) BAYS of the date of this not' a BY PAYING TH8 TOTAL AMOUNT PAST DUE TO THE LENDER WHICH 25 $ 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 pavable and sent to: Firat 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 intends to exercise ite rights to accelerate the mortgage debt. 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 tb instruct its attor- neys to start legal action to foreciose upon Your mortgaged property. IF THE MORTGAGE I$ FORECLO38D UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers _..... - -- - -....,..-------....- your case to its attorneys, but you--cure the cle-lin quency 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 $50.00. Any- attc~,rney's_ fees i~i~l °be a€3dded to the- amount you owe the lender, which may also include other reasonable costs. if you cure_the default within the THIRTY (30) DAY period, You OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all. other sums due under the mortgage. DF354-001/C30 May 30, 2001 Loan No. 6833005871 Page 6 PA Act 91 RIGHT TO .CURE THE DEFAULT PRIOR TH8 SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default anY other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position ae if you had never defaulted. EARLIEST POS$ISLE SHERIFF'S SALE DATE - It is estimated that the - _-... earliest date that such a Sheriff'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 iaill 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 render. - HOW TO CONTACT TH8 LENDER: First Nationwide Mortgage Corporation 5280 Corporate Drive Frederick; MD 21703 Department 252 1-800-888-4333 EFFECT OF TH8 9HEAIFF'S SALE - 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. ASSUMPTION OF MORTGAGE - 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 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 ,~~, _ SHERIFF'S RETURN - REGULAR CASE NO: 2001-04532 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND 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 1837:00 HOURS, on the 2nd day of August 2001 at 88 SEAVERS RD NEWVILLE, PA 17241 by handing to YN R. GIPE 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 /L ~ day of n o2aa/ A.D. 72~.~eu ;,~~ honotary ' So Answers: ~~.~ R. Thomas Kline 08/02/2001 GOLDBECK MCCAFnFE,R_T/Y & MCKEEVER By. "~`~ ~--/JorY-~- Deputy Sheriff 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 ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT GIPE HARRY D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT GIPE HARRY D NOT FOUND as to MOVED, LEFT NO FORWARDING MORTGAGE PROPERTY IS VACANT Sheriff's Costs: So ans s• Docketing 18.00 Service 9.75 Not Found 5.00 R Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 42.75 GOLDBECK MCCAFFERTY & MCKEEVER 08/03/2001 Sworn and subscribed to before me this j~ ~- day of .?.ao~ A.D.n ~" rte (;c ~ /u.~x~.~--- Prothonotary ' I HEREBY CERTIFY THAT THIS GOLDBECK McCAFFERTY & McKEEVER IS A TRUE AND CORRECT COPY BY: JOSEPH A. GOLDBECK, JR. OF THE ORIGINAL FILED ATTORNEYI,D.#16132 SUITE 500 -THE $OURSE $LDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA,PA 19106 (215)627-1322 ATTORNEY FOR PLAINTIFF FIRST NATIONWIDE MORTGAGE CORP. F/I{/A LOMAS MORTGAGE PARTNERSHII' LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff vs. HARRY D. GIPE EVELYN R. GIPE Mortgagor(s) and Real Owner(s) 400 Mountain Road Newville, PA 17241 Defendant(s) CIVIL ACTION: MORTGAGE I~pRECLQSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days aHer the Complaint and notice are served, by entering a writtnr appearance personally or by attorney and filing in writing with the court yom defenses or obju6ons m the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered againstyou by the Court without further ootice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff, You nsay lose money or property or otherrighfs important to you. - YOU SHOULD TAKE THIS POP$RTO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYPR OR CANNOT AFFORD ONB, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GE7 LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION . - - - 2 Liberty Avenue - Carlisle, PA 17013 "' - -- LEGAL SERViCHS INC - - - - 8 Irvine Row - Carlisle, PA 17013 ' _ _- -717-243-9400 AVISO LE HqN DEMANDADO A USTED EN LA CORTE. Sf DESEA DEFENDERSE CONTRA LAS QUElAS PERESENTADAS, 6S ABSOLUTAMBNTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPOHS DE SER SFdLVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTIa, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTHD Y CUALQUIER OBJECCION CONTRA LAS QUE1A5 EN ESTA DHMANDA. - RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SO PARTICIl'ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECID[R A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A llN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (2t5) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue - Carlisle, PA 17013 /1}~~y~y ~r~, _ _ _ __ _ ..__ LR/~ ` I~ 6J _ LEGAL SERVICES INC ~ ~' ;~,~ ~r„w6` I &,,,n~ „,a,4a, yse S Irvine Row GGDY~Sff 8'Ig9 9ieI;H !!S" Carlisle,PA 17013 ~~ /~{~; ,',~" ~ a 717-243-9400 ~ `' 1~ ~, IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term ~7- No. DI -~/~,~ l: Icy ~~ ~~2wy I HEREgY CERTIFY THAT THIS IS A TR E qNp CORRECT COpy COMPLAINT IN MORTGAGE FORECLOSE ORIGINAL FILED 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 hereinafter described. On June 03, 1992 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to UNITED SAVINGS ASSN OF TE3tAS 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 assignrnetit 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. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November O1, 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 YO/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 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 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 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. GOLD~ECK 114~cCAFFERTX & McKEEVER BY: 7 SEPH A. GOLDBECK, 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. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsificat'on to authorities. Date: Denni left, Vice President JU1 1C U2 11:44a a FSH1F21J LHW GFI-lf:l_ '/1'/-G4:i-H13U P,4 + -_-- RECGRUEU-6FFICE DF THE cULIAE .. +'i'.yJ.9'.:r":%iAii1; i;f PiiP ":::''ra llJ ` Rfnr.a couarr-ra. mi'an:mbi~ rx Itevr-h:D* gE/,Qp a: '92 JUN 3 PI9 2 52 :~ iir:;rr _.:r=:-•i:.~sa,i .:,IE s r. Are v,1 .. it .:r• ..: DEED ~- ~..,.,. r:x,:n.: t_ ........ ...... MA D18 T1{E ~J Jay of~J,i/~p) in the year of our 4ocJ one (housanJ Hint bunt reJ ninety-(wo (7992) (/// - D ETW6EN (iHNE 1-1. PIS7{, JR. unJ MARfi1H FISFI, hnspanA anJ wife, of CumherlanJ County, Pcn nsyivaniu, hereinn[Icr rcfu trod Iu a>: Gnnturs, and HARRY D. GIPS unJ EVELYN R. OtPE, hnsbnuJ ;nsd wife, of Cu mbcrfu nd Cvunty, {'cnnsy lvaniu, Lamina fret refs rrcd Io as: , - li fJnICCS, W/TNESSETR, that in cansiderntivn of Seventy-eight ThmisanJ and UD/1DD Dollars (b7D,DDD.DD) in ¢xnJ PuiJ, the riccipl whereof Is hcrcby nvk notvledgcd, the-mid Grantors Ja hcrcby gnuiC and-.evn vuy w the suit Gnurtecs, Ihcir heirs anJ .assigns: A 1.L ~T1(A"1' CERTAIN tract of lunJ lucslcd in Lower Mil'ftin Township with improvements thcreno. IIEGINNINh m-u paint in the righP of. way of T-418, also known as Mcudu wz Roxd; thence in the +ight-nl-way South o5 degrees. 2.1 munnus }S secon Js Ensl P9 feet to a ruitroaJ spike; tlicncc ~in Wv riULl-of-way of T-787, xfw known xs Mountain RnaJ, 8v+nh 27 Jagrecs 31 minutes Sfi seconds Wesl 456 feel lu a rnifmaJ Spike; Ihmr ce by IanJ now nr farmedy of Filmnena Calnbcxse, Nnrih GS-degrees 32 minutes 36 seconds Wesr 194J5 fee[ In un Iron Pin, - +bunce-..Dy IxnJ now or formerly n! Cliflun L. Pn+c, Nmlb -7PJugruxs ]7 minute 20 seconds Has[, '958.53 feel to a rnikuad spike in nc~ right-uC=way nC T-418, the Ph¢c of BEGINNING. 13EfNf the same premises which The Cum mpn wealth Notional- Em+k by dceJ Jared September 7, JJSS qnJ ceordeJ in Cumherlanaf Cuunly DecJ book "M •, Vol. 37, Page 27q granlcJ and conveyctl unto S`,cnc ll. Fish, Jr., Orunlur Lcrein. ' AND d+c sail Grantors hcrcby covenant anJ agree that they will rrvrm+[ specialty the prnPcrlY hcrcby conve yuJ.. ' IN WITNESS WIILRED F, said Gragiorz Imvc hcreunly scL tl:cir Imnds m.J seals the day nnJ ycnr (irs+ above written. SICiNEU, SEALED ANU DGLIVERHD 1N T!'!E PRL•SL'NCE pF (sent) (seal) The above description being in accordance with the survey attached hereto and made Exhibit ':A". BUGK~C 3J PAGE .~Q E P.O. Boz 9481 Gaithersburg. MD 28898-9487 Harry D GipE - 400 Mountain Rd Newville PA 17241-9646 Dear Mortgagor: ~i Dlo 4 5~51a93 oZ2~ y S5~ May 30, 2001 /// Certified Mail" Return Receipt Requested RE: Loan No. 6833005871 ACt- ~-~ ~Otic Take Action to Save Your - Horri~ =From=Foreclosure La notificacion en adjunto es de soma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga ones traduccion immediatamente llamanda esta agencies {Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible Para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar su casa de la perdida del derecho a redimir su hipoteca. DF350-002/C30 5280 Corporate Drive, Frederick, MD 21783 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. ~1 Q~n us7s I a-93 add `5~ ~ N~UE P.D. Box 9481 Gaithershurg, MO 20898-9461 Evelyn R Gipe 400 Mountain Rd Newville PA 1724 -9646 May 30, 2001 ,,/~ Certified Ma1Y Return Receipt Requested RE: Loan No. 6833005871 Dear Mortgagor: Act 91 Notice Take Action to Save Xour Home From Foreclosure = = _ -_ ~- s La notificacion en adjunto es de soma importancia, pues afecta su derecho a continuer viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos a~ numero mencionada arriba. Puedes ser elegible pare un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salver su casa de la perdida del derecho a redimir su hipoXeca. DF356,-001/C30 5280 Corporate Drive, Frederick, MD 21703 ~s, y~ , "~ 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. May 30, 2001 Loan No. 6833005871 Page 2 Homeowner's Name: Property Address: Loan Account No ..: Original Lender: Current Lender/Se Harry D Gipe 400 Mountain Rd Newville PA 17241 .6833005871 United Savings Assn of Texas FSB rvicer: First Nationwide Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM PA Act 91 IF YOU COMPLY WI.TH THS PROVISIONS OF' THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), :YOU MAY BE ELIGIBLE FOR EMERGENCY ASSISTANCE: * IF YOUR DEFAULT HAS SEEN CAUSED=B1f CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT 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 one_of the designated consumer credit counseling agencies listed at the end of-this Notice. DF353-001/C30 May 30, 2001 Loan No. 6833005871 Page 3 CONSUMER CREDIT COUNSELING AGENCIES - 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: The names, addresses and telephone numbers It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATIONS FOR MORTGAGE ASSISTANCE - 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 to'resolve this problem .with the__lender, you have the right to-apply for financial-assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file completed-Homeowners' Emergency Mortgage Assistance Program Application with one of the designated consumer credit Counseling agencies Tisted at the end of this Notice. Only consumer credit counseling agencies have ap°p~ic°atio~s-for the program and they will assist you in=submitting a complete 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 THE-OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORSCLOSURS MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY 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. Yau will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU-ARE CURRSNTLY~PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS I$ FOR INFORNATION PURPOSES ONLY AND SHOULD NOT SS CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uA 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 IN DEFAULT because: YOU HA~IE- NOT N~ADE YOUR-MONTHL'~C MORTGAGE montkis and the following amounts are now 7 Months at $721.10 = Months at $ _ Months at $ _ Late Charges Bad Cheek Fees Foreclosure Fees Bankruptcy Fees Other Fees Less Suspense Balance TOTAL AMOUNT DUS HOW TO CURE THE DEFAULT DAYS-of the date of this TO THE LENDER WFiICIi IS $ CHARGES WHICH BECOME DUE You ay cure. the not a BY PAYING 5, -8.78 PLUS ANY DURING THE THIRTY AS OF THIS DATE default within THIRTY (30) THS TOTAL AMOUNT PAST DUE MORTGAGE PAYMENTS AND LATE (30) DAY PERIOD. Payments First Nationwide Mortgage Corporation Dept. 0107 Palatine, SL -60055-0107 PVS for the following pa due: 5,047.70 .00 .00 201.88 .00 .00 .00 39.20 :00 ,288.78 DF354-001/C30 May 30, 2001 Loan No. 6833005871 Page 5 PA Act 91 ZF 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 intends to exercise its rights to accelerate the mortgage debt. 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 tb instruct its attor- neys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender_refers .-..__ - -- -r - ----- - your case to it& attorneys, but you-cure the de--linquency 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 $$0.00. 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-attcjsney's_fees wi~l-be added to the- amouat you owe the lender, which may.also include other reasonable costs. if you cure the default within the THIRTY (30) DAY period, You OTHER LENDER REMEDIES - 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 di~N~'c1`_ ~h'e~` default within the proceedings have begun, you manner aet forth in this not position as if you had never EARLIEST POSSIBLE SHERIFF'S SALE D earliest date that such a Sheriff' be held would be approximateiy 6 m A notice of the actual date of the before the sale. Of course, the am increase the longer you wait. You =. the required payment or action wil HOW TO CONTACT THE LENDER: PA Act 91 'S SALE - If you have not Y period and foreclosure rt a e. Curing your default in the 1 restore your mortgage to the same ted. TE - I_t i_s estimated that the - Sale of the mortgage property could _ nth8 from the date of this Notice. Sheriff's Sale iaill be sent to you unt needed to cure the default will ay find out at any .time-exactly what ~_ be by contacting the Sender. - EFFECT OF THE SHERIFF'S SALE - You should realize that-the Sheriff's Sale will .end your ownership of th mortgaged property and your right to occupy it. If you continue to live in the _proper_ty_after the Sheriff's Sale, a lawsuit to remove you and- ,our furnishings and other belongings could be started by the lender at ny time:. ASSUMPTION OF MORTGXf3E - You; UPO OUR CONSENT may-sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding ayments; charges and attorney's .- fees and costs are paid-prior too at the sa]~e .and that the-other requirements of the mortgage are s tisfied, *, TO SELL THE PROPERTY TO OBTAIN NEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LE ING INSTITUTION TO PAY OFF THIS DEHT. * TO HAVE THIS DEFAULT CURED BY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED T THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DE AULT. -(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 FORECL08URE 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 _----- . ,~ GOLDBECK McCAFFERTY & McKEEVER BX: JOSEPH A. GOLDBECK, JR. ATTORNEY LD. #16132 SUITE 500 -THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST P$ILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF 1N THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE 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) 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 N0: 2001-04532 P COMMONWEALTH OF PENNSYLVANIA COI7NTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS GIPE HARRY D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT HARRY D unable to locate Him in his bailiwick COMPLAINT - MORT FORE , but was He therefore returns the NOT FOUND as to the within named DEFENDANT GIPE HARRY D PER EVELYN GIPE. HARRY LIVES ON LISBURN RD NEAR WILLIAMS GROVE RD. Sheriff's Costs: Docketing 18.00 Service 7.80 Not Found 5.00 Surcharge 10.00 nn Z V . V V So answer R. T omas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 09/21/2001 Sworn and subscribed to before me this d~ `-- day of oZPO( A.D. _~A~r~~'-~ l,L. ~LI.t.C.F.c/ .LQ,aLV , rothonotary ~~~ ., GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D.#16132 SUITE 500 -THE BOURSE BLDG. 111 5. INDEPENDENCE MALL EAST PHH,ADELPHIA, PA 19106 (215)627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mai] Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff vs. HARRY D. GH'E EVELYN R. GIPE Mortgagor(s) and Real Owner(s) 400 Mountain Road Newville, PA 17241 Defendant(s) CIVIL ,~C~lOfv: MORTGAGE F~ffif CL(~SUf3E TIIIS 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 wort. if you wish to defend against the claims set forth in the following pages, you must take action wiildn twenty (20) days elver the Complaint end notice are served, by entering a written appearance personally or by attorney and filing in writing with We wort your defenses or objecfious to the claims set forth against you, You are warned that if you fail to do so Ore case may proceed.without you and ajudgment may be entered against you by the Court without further notice for any money claim in the Complaint of for wy other cle'vn or relief requested by the P1ainOR You mayaose money or property or other rights important to you. - - ~. YOU SHOllLD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TOOR TELHPHONE THE OFFICE SET FORTH 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 !7013 - - - ~ 717-243-9400 - ~ - - AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEPENDERSE CONTRA LAS QUEJAS PERE58N`I'ADAS, ES ABSOLUTAMENTENBCESSARIO QUE USTED RESPONDA DEMRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEPENDHRSE ES NECESSARIO QUB USTED, O SU ABOGADO, REGISTRE CON LA CORTE 6N FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUH?R OBSFiCCION CONTRA LAS QUEJAS HN ESTA DBMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DE'MANDA, SE PUEDE PROSEGUlli CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTB PUEDE, SIN NOTIFICARIO, DECHIIR A FAVOR DF.L DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DH ESTA DEMANDA. POR RAZ.ON DE ESA DECISION, ES POSS63LE QUE USTED PUEDA PERDER D64ERQ, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (58RVICIO DE REFHRENCIA DE ABOGADOS), (215) 238-6300. - -. _ CUMBERLAND COUNTY BAR ASSOCIATION r' -. ~ ~ - 2 Liberty Avenue ~'= - Carlisle, PA 17013 - - TRU~C®1~1 r~®1Y1 ••~WVI'1D LEGAL SERVICES INC `' r IrtTesttmony whereof, I here unto set my hand Blrvine Row `". ~ _ /~ Carlisle, PA 17013 i - ~ - -.- ' and the sea! of said Court at Car)isle, Pa. 717-243-9400 _ Thi day f -' - -, - ~, _ othonotary - ` `~ y- "'r_- I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. O--'y~5'3~~i vi . 1 I 1. Plaintiff is FIRST NATIONWIDE MORTGAGE CORP. F/K/A LOI~~, ._'A~1~ZiEY THAT THIS PARTNERSHIP LP, PO Box 9481, Mail Code: 22-528-1011 Gaithe 'r~H11~Oyry_R-IGIN~~bOPY 2. The names} and address(es) of the Defendant(s) islare 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 i~NITBD 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. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November O1, 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 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 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. By: GOLD C cCAFFERTY & McKEEVER BY: 7 SEPH A. OLDBECK, 7R., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Dennis Rieft , 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 falsificat'on to authorities. Date: Denni ieft, Vice President Jul 12 U1 11:44a HH1NU LHW ^hh lUh '/1'/-848-d13U p.4 a i BECOflDED-9FFICE OF TIIE RECD-C: .. Or` DEEDS CUI.IBERLt.I'.J COUNTY-PA. '92 JUIt 3 P17 2 52 ., ;-„/:L,I:1.';;gAEfN (.lt E ,.:,:::::,:III, :' ..• UI:fF!i:,0131ti~ Qf It[`!FIdU: ~~,QQ ., ar.+rY -"!'~ rt•AY hill r' . ._ DEED t;Ga +.. L._..... ...::. MADE T14E :J :IoY of /`(.f~)~P.J in the year of our LarJ onC IboutanJ ninC hundreJ ninety-Iwo (1992) v -ETWEEN GENE 1-1. F1811, 1R. enJ MARGIE FISH, husband unJ wife, of ComberlnnJ County, Pcn nsylvnniu, hucinx flcr rcfcrrcd m us: G auto's, unJ IIARRY D. GIPS unJ BVELVN R. OIPH, husbnnJ :mJ wife, of CmnbcrlanJ County, ['ennsylvvnin, 6crcina ftcr rc fc rrcd to ns: Cramcex, WITN ESSE•TII, Ilmt in cansidcraliun of Seventy-eight Thousand nnJ' UU/100 Dollars Jo?Lee by gnnlll and ronveyh torlldiaiJ IGrnulces, Il ci tYhc is nnJo ustiigns'~he sail Grantors ALL T11AT CERTAIN Iran of IunJ located in Luwcr Mil'f tin Township with im provcment5 lhereov. - D6GINNING u5 a point in ^Ie right-u(-\vuy of T-418, also known as Meadows Rond; thence in the right-of-wvy-SOntL 65 kgrces 2-0 minutes 35 secan Js East 91 feel to a rvilravd Spike; 16vncc in Ilre eight-uf-way of T-181, also known ns Mmm~~in RonJ, Sonlh 23 Jcgrecs 3l mingles 56 5oeonJs West 956 Tecl to n'nlilrouJ spike; thence by IanJ now or'Cormerly o[ Filomcnv Calabmsc, Nerdt GS degrees 72 minnms ]G seconds Well I90.9S fee[ to an Iron pin; tltnncc Iry ImW now or farm crly of Clifwli L. Prtw, Nnnh 3U Jegrcus I7 minutrs 2U xeeonds East,'458.51 feet m u rnilruud` spike in tltc right-uC-way of T-d 18, the Plnca of BEGINNING. RE1KC Ibc slime premises which The 'Com+non weull6 Nulionul bank by Jeed JarnJ Scplu tuber 7, 1'785 vnJ recorded in Cu mherhutd Cunnly Dn:J Uook "M', Vul. 71, Page 270, - grnnlcJ mld cwtvcycJ unto (lent 11. Fish, Jr., Grantor herein. AND the sail Grantors hereby cove na nl unJ agree t1uJ ILcy will wnryant speeiaNy the properly beruby conveyed., i IN WITNESS WIIEREO F, said Grngmrs hove hvrenn pt set their hanJs msJ seals the day anJ yevr fire vbo vc written. SH1NL•D, SEALED ANU DELIVL•RED fN 1'I1 L- PRESENCE GF (seal) (seal) f - The above description being in accordance with the survey attached hereto and made Exhibit ':A". B01)KJC 3J PACE ~~ ?d9~ Br ~,~ P.O. Box 9481 Gaithersburg, MO 20898-9461 Harry D Gipe _. 400 Mountain Rd Newville PA 17241-9646 ~1 Dlo 4 S~~S-~3 ~z~ y S5, May 30, 2001 //~ Certified Mail" Return Receipt Requested RE: Loan No. 6833005871 Dear Mortgagor: Act '9-1 Nonce Take Action to Save Your - H®rr~e -From= Foreclosure 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-soma importancia, pues afecta su derecho a continuer vlviendo en su case. Si no comprende el contenido de _e sta. notification obtenga una traduceion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible pare un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvor su case de la perdida del derecho a redimir su hipoteca. DF350-002/C30 5280 Corporate Drive, Frederick, MD 21703 ~i0cays7sla-93a~`~~~ i i.E~ ~. P.O. Box 9481 Gaithersburg. MD 20898-9481 Evelyn R Gipe 400 Mountain Rd Newville PA 1724 -9646 May 30, 2001 Certified Mai Return Receipt Requested RE: Loan No. 6833005871 Dear Mortgagor: Act 91 Notice _ Take Action to Save Your Home From: Foreclosu~r La notification en adjunto es de soma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda - esta agencia (Pennsylvania Housing Finance Agency) siri-cargos al numero mencionada arriba. Puedes ser elegible Para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar su casa de la perdida del derecho a redimir su hipoteea. DF356.,-001/C30 5280 Corporate Drive, Frederick, MD 217D3 ~_ 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. May 30, 2001 Loan No. 6833005871 Page 2 Homeowner's Name: Property Address: Loan Account No.: Original Lender:. Current Lender/Se Harry D Gipe , 400 Mountain Rd Newville PA 17241 .6833005871 - United Savings Assn of Texas FSB rvicer: First Nationwide Mortgage HOMEOWNER'S SMSRGENCY MORTGAGE ASSISTANCE PROGRAM PA Act 91 IF YOU COMPLY WLTH THE PROVISIONS OF-THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE-"ACT"~,-'.YOU MAY BE ELIGIBLE FOR BMERGENCY ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED=SY=CIRCUMSTANGES BEYONDGYOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED SY 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 Lhis 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. DF353-001/C30 May 30, 2001 Loan No. 6833005871 Page 3 CONSUMER CREDIT COUNSELING AGENCiEB - 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: The names, addresses and telephone numbers It is only necessary to schedule one face~to-face meeting. Advise your lender immediately of your intentions. APPLICATIONS FOR MORTGAGE ASSISTANCE - 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 to resolve this problem with.the._lender, you have the right to apply fox financial-assistance from. the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file completed Homeowners' Emergency Mortgage Assistance Program Application vtith one of the designated consumer credit Counseling agencies Tisted at the end of this Notice. Only consumer credit counseling ageencies have applicatio~ls for the program and they Will assist you in=submitting a complete 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 THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURB MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGB ASSISTANCE WILL SE DENIED. ,AGENCY-ACTION:_Available funds for emergency mortgage assistance are very limited:-They-will be disbursed by the Agency under the eligi= bility cxiteria established by trie Act. The Pennsylvania Housing DF353--001/C30 May 30, 2001 Loan No. 6833005871 Page 4 PA Aet 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. NOTES IF YOU ARE~CURRENTLY PROTECTED BY TH8 FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THI$ IS FOR INFORMATION PURP03E3 ONLY AND SHOULD NOT BS CONSIDERED AS AN ATTEMPT T® COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for 8mergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Br1ng 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 SERIQiJSLY IN DEFAULT because: YOU HA\tE- NOT N(ADE YOIIR-M(3NTHIt~f MORTGAGE PV~TS for the following month=s and the following amounts are now pa due: 7 Months at $721.10 Months at $ _ Months at $ _ Late Charges Bad Check Fees Foreclosure Fees Bankruptcy Fees Other Fees = 5,047.70 .00 .00 Less Suspense Balance TOTAL AMOUNT DUE AS OF THIS DATE HOW TO CURE THE hin THIRTY (30) DAYS of the date OUNT PAST DUE TO THE LENDER WH YMENTS AND LATE- CHARGES WHICH BE RIOD. Payments ,.... ..+.. 1... ...tea:- _t+ a _L_-._ _~ 201.88 .00 .00 .oo 39.20 .00 ,288.78 DEFAULT - You ay cure the default wit of this not' a BY PAYING TH8 TOTAL AM ICH TS $ 5, 8.78 PLUS-ANY MORTGAGE PA COME DUE DURING THE THIRTY (30) DAY PE her by cash, cashier's check, certifies 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 intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose. the chance ao 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 TH8 MORTGAGE I3 FORECL03ED UPON - The mortgaged-property will be sold by the Sheriff to pay off the mortgage debt. If the lender _refers _ -your case to itS attorneys, but you-cure the de3.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 550.00. However, if legal proceedings are started against you, you will-have to pay all reasonable attorney's fees incurr-ed by the lender even if they exceed $50.00. Any- attc~'ney's_-fees w~~l -be aiided to the- amount you owe the lender, which may.aZso include other reasonable costs. if You cure-the default within the THIRTY (30) DAY period, You w111 not be required to pay attorney's fees. OTHER LENDER REMEDIES - 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 cured th3 default withi proceedings have begun, OR THE SHERIFF'S SALE - If you have not THIRTY (30) DAY period and foreclosure anv other requirements under the mortgage. Curing your default in txte 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 t~iat such a Sheriff's Sale of the mortgage property could _ beheld would be approximately 6 months from the date of this Notice.. A notice of the actual date of the Sheriff's Sale iaill 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 Sender. HOW TO CONTACT-THE LENDER: First Nationwide Mortgage Corporation 5280 Corporate Drive Frederick MD 21703 Department 252 1-800-888-4333 EFFECT OF TH8 SHERIFF'S SALE - 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'tp remove you and your furnishings and other belongings could be started by the lender at any time: ASSUMPTION OF MORTGAGE -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-DEEAULT. (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. PA ACt 91 DF355-,001/C30 r ~~~~ ~ p 2QQ~ ~,~ GOLDBECK MCCAFFSRTY & MCKEEVSR JOSEPH A. GOLbBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCRESVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. : F/R/A LOMAS MORTGAGE PARTNERSHIP : LP . PO Box 9481 . Mail Code: 22-528-1011 Gaithesburg, MD 20898-9481 vs HARRY D. GIPS EVELYN R. GIPS (Mortgagors and Real Owners) 400 Mountain Road Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF ('UMBRRr.aTTt) COUNTY No. 01-4532 Civil Term ORDER AND NOW, this ~7 ~ day of ~ 2001, upon consideration of the Plaintiff's Motion for Substituted Service under Pa.R.C.F. 430(x) 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, ORDBRED and DECREED: that Plaintiff's Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage ~ 11aaa.~ D. 6 iPE Foreclosure upon Defendant by posting a copy of the Complaint upon the premises 40D Mountain Road, Newville, PA 17241 and Plaintiff ~~\ Pw6l~~aM~a p,•~swraT ++> R~Ie~ y3o J is directed to serve the Complaint by"certified and regular mail to pM~ the Defendant's last known address of88 Seavers road, Newville, PA ~~ 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 THE J. ,~ V '~\ `~~ ~~FC z, a ~ao~~a~ GOLDB$CR MCCAFFSRTY & MCRSSVSR JOS$PH A. GOLDB$CR, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall Salt Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCK$EV$R, $SQUIRS Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP.: F/R/A LOMAS MORTGAGE PARTNERSHIP: LP PO Box 9481 Mail Code: 22-528-1011 Gaithesburg, MD 20898-9481 vs HARRY D. GIPS $VSLYN R. GIPS (Mortgagors and Real Owners) 400 Mountain Road Newville, PA 17241 IN THS COURT OF COMMON PL$AS OF CUMBERLAND COUNTY No. 01-4532 Civil Term THIS LAW FIRM IS A DEBT COLLECTOR AND WS AR$ ATTffi~ZP'PING TO COLLNCT A DEBIT OWED TO OUR CLIBNPf. ANY INP'ORMATIOW QR'14-tNtMt FROM YOU WILL BE USBD FOR THS PORPOSS OF COLLECTING THS DEBT. MOTI N FOR SUBSTITUTED SE VR ICS UND$R PA.R_C.P. 430 (a) 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 premises" 2. Defendants, HARRY D. GIPS AND EVSLYN R. GIPS, are the mortgagors and real owners of the mortgaged premises. 3. The last known address of Defendant, Harry D. Gipe, is 88 Beavers Road, Newville, PA 17241. 4. The Sheriff has been unable to effect service of the Complaint 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. Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant by posting the premises and certified and regular mail to the Defendant's last known add ~.7E~ ~ ?~ 20(]~ (~ GOLDBECK MCCAFFERTY & MCREEVER 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. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. F/R/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail code: 22-528-1011 Gaithesburg, MD 20898-9481 vs HARRY D. GIPS EVELYN R. GIPS (Mortgagors and Real Owners) 400 Mountain Road Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF COUNTY No. OS-4532 Civil Term VERIFICATION I, MICHAEL T. MCKEEVER, 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 the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. GOLDBECK MCCAFFERTY & MCREEVSR JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. independence Mall East Philadelphia, PA 19106 215-627x1322 BY: MICHAEL T. MCKESVER, ESQUIRE Attorney I.b. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. IN THE COURT OF COMMON PLEAS F/R/A LOMAS MORTGAGE PARTNERSHIP LP OF CUMBERLAND COUNTY PO Box 9481 Mail Codes 22-528-1011 Gaithesburg, MD 20898-9481 No. O1-4532 Civil Tema vs . HARRY D. GIPS EVELYN R. GIPS (Mortgagors and Real Owners) 400 Mountain Road Newville, PA 17241 _MSMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint 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 Complaint in Mortgage Foreclosure upon Defendant, Harry D. Gipe, by posting the premises and certified mail and regular mail to the Defendant°s last known adflress. . Respectfully ~pb~i.tted, MICHAEL TIC/ 6SVBR,~ SSQUIRS SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-04532 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS PE HARRY D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT GIPE HARRY D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT GIPE HARRY D PER EVELYN GIPE, HARRY LIVES ON LISBURN RD NEAR WILLIAMS GROVE RD. Sheriff's Costs: So answer ~~~ Docketing 18.00 Service 7.80 -~ ,~ Not Found 5.00 ~T-homas Kline Surcharge 10.00 Sheriff of Cumberland County .00 40.80 GOLDBECK MCCAFFERTY MCKEEVER 09/21/2001 Sworn and subscribed to before me this A.D. day of Prothonotary SHERIFF'S RETURN - NOT FOUND CASE N0: 2001-04532 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS GIPE HARRY D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT GIPE HARRY D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT , GIPE HARRY D MOVED, LEFT NO FORWARDING MORTGAGE PROPERTY IS VACANT // Sheriff's Costs: So ans s•!- i ,.~j/ Docketing 18.00 /~~///" Service 9.75 ~;. Not Found 5.00 R.'Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 42.75 GOLDBECK MCCAFFERTY & MCKEEVER 08/03/2001 Sworn and subscribed to before me this day of A.D. Prothonotary 6 PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: FN-0255 Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Case Number: Subject: HARRY D & EVELYN R GIPE A.K.A.: HARRY DANA GIPE Property Address: 400 MOUNTAIN ROAD NENNILLE, PA 17241 Last Known Address: 88 BEAVERS ROAD NEVWILLE, PA 17241 Last Known Number: (717) 486-4206 Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 10/10/2001, 1 conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER: - - B. EMPLOYMENT SEARCH: Unable to locate a good employer for Harry and Evelyn. C. INQUIRY OF CREDITORS: The creditors indicated that Harry and Evelyn are living at 88 Seavers Road, Newville, Pa. 17241 with a home phone number of 717-486-4206. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The home phone number for Harry and Evelyn Gipe is 717-486-4208 registered at 88 Seavers Road, Newville, Pa. 17241. Called the home number and spoke with Evelyn who stated she and Harry are both living at this address. INQUIRY OF NEIGHBORS - N/A INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of October 8, 2001 the National Change of Address (NCOA) has no change for Harry and Evelyn from the last known address. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Harry and Evelyn listed at the last known address. OTHER INQUIRIES - A. DEATH RECORDS: As of October 8, 2001 the Social Security Administration has no death records on file for Harry D and Evelyn R Gipe and or a.k.a: s under their social security numbers. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC. ): None Found C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office has Harry and Evelyn listed at the last known address. OTHER SEARCHES - Social security numbers provided were verified. ADDITIONAL INFORMATION ON SUBJECT A. DATE OF BIRTH: Harry 09167 Evelyn 70170 AFFIANT Michael K Gross " NC7l'ARY S~AI_ " Kristine M. Scott, Notary Public St. Louis County, State of Missouri My Commission Expires 9i2i?_002 ~rM,r~ Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 } LC~.~ Date: 10/10/2001 players National Locator (PNL) (Reply Form) Reply To: GOLDBECK, MCCAFFERTY & MCKEEVER Open Date: 10/08/2001 ATTN: Due Date: 10/15/2001 ~ Close Date: 10/10/2001 Service Type: Skip Trace File Status: Found Loan Number: FN-0255 Servicer Loan Number: Borrower Name (1): HARRY D GIPE Borrower Name (2): EVELYN R GIPE Last Known Address:88 BEAVERS ROAD NEWVILLE, PA 17241 New Address: Additional Information: See Affidavit Subject(s) Rating: Social Security #: 165-64-0359 Social Security #:459-77-3360 Residential Phone #: ( ) - Residential Phone #: () - Business Phone #: () - Business Phone #: ( ) - Other Phone #: ( ) - PLEASE USE THIS FORM AS AN INVOICE. $40.00 DUE & PAYABLE. Players National Locator 113 Old State Road, Suite 104 St Louis, MO 63021 Phone: (636) 230-9922 Fax: {636) 230-0558 PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: FN-0255 Attorney Firm: GOLDBECK, MCCAFFERTY 8 MCKEEVER Case Number: Subject: HARRY D 8 EVELYN GIPE A.K.A.: HARRY DANA GIPE, EVELYN R GIPE Property Address: 400 MOUNTAIN ROAD NEWVILLE, PA 17241 Last Known Address: 400 MOUNTAIN ROAD NEWVILLE, PA 17241 Last Known Number: ( ) - Michael K Gross; being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 07125/2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER: - - B. EMPLOYMENT SEARCH: Unable to locate a good employer for Harry and Evelyn. C. INQUIRY OF CREDITORS: The creditors indicated that Harry and Evelyn are living at 88 Seavers Road, Newville, Pa. 17241 with no valid home phone number. INOUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The directory assistance has no listing for Harry and Evelyn Gipe. Contacted 717-776-3255`and spoke with a person who stated Harry and Evelyn are both living at 88 Seavers Road, Newville, Pa. 17241. INQUIRY OF NEIGHBORS - NIA INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of July 24, 2001 the National Change of Address (NCOA) has no change for Harry and Evelyn from 88 Seavers Road, Newville, Pa. 17241. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Harry and Evelyn listed at 88 Seavers Road, Newville, Pa. 17241. OTHER INQUIRIES - A. DEATH RECORDS: As of July 24, 2001 the Social Security Administration has no death records on file for Harry D and b Evelyn Gipe and or a.k.a;sunder their social security numbers. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC. ): None Found C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office has Harry and Evelyn listed at 88 Seavers Road, Newville, Pa. 17241. OTHER SEARCHES - Social security numbers provided were verified. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: Harry 09!67 Evelyn 10/70 ~~ AFFIANT Michael K Gross to - "NOTARY SEAL " Kristine M. Scott, Notary Public St. Louis County, State of Missouri My Commission Expires 91212002 Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 ,-~~~ ~ ~a,nn+ N`" GOLDBECK MCCAFFERTY & MCKSSVER JOSEPH A. GOLDBECR, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKSSVSR, ESQUIRE Attorney I.A. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. F/R/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithesburg, MD 20898-9481 vs HARRY D. GIPS S`1SLYN R. GIPS (Mortgagors and Real Owners) 400 Mountain Road Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF COUNTY No. 01-4532 Civil Term CERTIFICATE OF SERVICE MICHAEL T. MCRESVSR., Esquire, do hereby certify that true and. correct copies of the the foregoing Motion for S~r7ubstituted Service have been served upon the Defendant this 13 "day of ~L'Ce 2001, by first class mail, postage prepaid BY. MICHAS~CT./MC~'SSVSR, ESQUIRE ~~c ~ o zoos ~,~` GOLDBSCK MCCAFFBRTY & MCKSSV$R PROFESSIONAL CORPORATION ATTORNEYS AT-LAW SUITS 500 THB BOURSE BIIILDING 111 S. INDEPENDENCE MALL BAST PHILADfiLPHIA, PA 19106 (215) 627-1322 FAX (215) 627-7734 Jo aeph A. Goldbeck, Jx. Gary 8. McCaP [e rty M1CRae1 T. MC&eever Axietlaa G. Mu xtlta Date: LJ~C ~ ~~ ~ aW I FIEF ~e:C?Y °ii°iA'F~ Y ~i ~ Office of the Prothonotary ~,=°;,,`~`;;r3,;;.~~i-li..~D Cumberland County Courthouse RE: Docket Number: 01-4532 Civil Term First Nationwide vs. Gipe Dear Sir or Madam: Enclosed find please an original and a copy of Plaintiff's Motion for Substituted Service. Kindly file and return a time stamped copy to our office in the enclosed self addre,~sed stamped envelope. ~~ very MICHAEL ~`/MC}tSSV~'It, ESQIIIRS KGM/dms Enclosures cc: Harry D. Gipe Rebecca Huffer #6833005871 GOLDBBCR MCCAFFBRTY & MCREBVBR JOSEPH A. GOLDBBCR, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall Bast Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCRSBVER, BSQIIIRE Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP.: IN THB COURT OF COMMON PLEAS F/R/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithesburg, MD 20898-9481 vs HARRY D. GIP$ BVSLYN R. GIPS (Mortgagors and Real Owners} . 400 Mountain Road Newville, PA 17241 ORDER ANA NOW, this OF CUMBERLAND COUNTY No. 01-4532 Civil Term day of 2001, upon consideration of the Plaintiff's Motion for Substituted Service under Pa.R.C.P. 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, ORDERED and AECREBD: that Plaintiff's Motion is granted and the Sheriff and/or Plaintiff i$ directed to Serve the Complaint in Mortgage Foreclosure upon Defendant by posting a copy of the Complaint upon the premises 400 Mountain Road, Newville, PA 17241 and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address of 88 Seavers road, Newville, PA 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 THE COURT: J_ i GOLDBSCK MCCAFk~SRTY & MCKEEVSR JOSEPH A. GOLDBSCK, JR. Attorney I.D.#16132 n .-_ - Suite 500-The Bourse Building - 111 S. Independence Mall East rr;. Philadelphia, PA 19106 ~ 215-627-1322 ~ -- r=(" BY: MICHAEL T. MCKEEVER, ESQUIRE -_- Attorney I.D. #56129 _ `=~- Attorney for Plaintiff J `-! ~~ ~-. .. FIRST NATIONNIDE MORTGAGE CORP. IN THS COURT OF COMMON PLEAS F/K/A LOMAS MORTGAGE PARTNERSHIP LP OF C~t~zr.nnm COUNTY PO Box 9481 Mail Code: 22 528-1011 Gaithesburg, MD 20898-9481 No. 01-4532 Civil Term vs HARRY D. GIPS EVELYN R. GIPS (Mortgagors and Real Owners) 400 Mountain Road Newville, PA 17241 . THIS LAFI FIRM IS A DEBT COLLS(.TOR AND biE ARS ATTBMPTIl~K' TO COLLECP A DBB'P OiiED TO OIIR CLIENT. ANY INFORMATION OBTAINED FROM YOII WILL BE IIS$D FOR THS PURPOSE OF COLLECTING THE DSBT_ MOTION FOR SUBSTITOTBD SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, Michael T. McKeever, Esquire, in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 400 Mountain road, Newville, PA 17241, hereinafter, the "mortgaged premises" 2. Defendants, HARRY D. GIPS AND EVSLYN R. GIPS, are the mortgagors and real owners of the mortgaged premises. 3. The last lrnown address of Defendant, Harry D. Gipe, is 88 Beavers Road, Newville, PA 17241. 4. The Sheriff has been unable to effect service of the Complaint upon Defendant at his last known address after numerous attempts. 5. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant. Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant by posting the premises and certified and regular mail to the Defendant's last known add GOLDBSCK MCCAFFERTY & MCKSSVSR JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall Bast Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKSEVSR, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. F/IC/A LOMAS MORTGAGE PARTNERSHIP: LP PO Box 9481 Mail Code: 22-528-1011 Gaithesburg, MD 20898-9481 . vs HARRY D. GIPS EV$LYN R. GIPS (Mgrtgagors and Real Owners) 400 Mountain Road Newville, PA 17241 IN THS COURT OF COMMON PLEAS OF C[JM$RRr.ANi] COUNTY No. 01-4532 Civil Term I, MICHAEL T. MCKEEVSR, ESQUIRE, Attorney for Petitioner do hexeby 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 the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. GOLDBSCB MCCAFFERTY & MCKSSVSR JOSSPA A. GOLDBSCIC, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall Sast Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCREEVSR, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP F/R/A LOMAS MORTGAGE PARTNSRSHI, LP PO Box 9481 Mail Code: 22-528-1011 Gaithesburg, MD 20898-9481 vs HARRY D. GIPS EVSLYN R. GIPS (Mortgagors and Real Owners) 400 Mountain Road Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 01-4532 Civil Term MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBS'T'ITUTED SERVICE UNDBR Pa R C P 430(a) Plaintiff has filed a Complaint 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 Complaint 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. . Respectfully MICHAEL T,l,~ NIQ~SSVSR,/ ESQUIRE SHERIFF'S RETURN - NOT FOUND CASE N0: 2001-04532 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS GIPE HARRY D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT GIPE HARRY D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT GIPE HARRY D NOT FOUND as to PER EVELYN GIPE, HARRY LIVES ON LISBURN RD NEAR WILLIAMS GROVE RD. Sheriff's Costs Docketing 18.00 Service 7.80 Not Found 5.00 Surcharge 10.00 nn ~~.~~ So answer °~~1"/ R. T omas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 09/21/2001 Sworn and subscribed to before me this A.D. day of Prothonotary SHERIFF'S RETURN - NOT FOUND CASE N0: 2001-04532 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS GIPE HARRY D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT GIPE HARRY D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , 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 nn 2 L / J So ans s • ,~ R.°Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY & MCKEEVER 08/03/2001 Sworn and subscribed to before me this A.D. day of Prothonotary PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: FN-0255 Attorney Firm: GOLDBECK, MCCAFFERTY 8 MCKEEVER Case Number: Subject: HARRY D 8 EVELYN R GIPE A.K.A.: HARRY DANA GIPE Property Address: 400 MOUNTAIN ROAD NEWVILLE, PA 17241 Last Known Address: 88 BEAVERS ROAD NEWVILLE, PA 17241 Last Known Number: (717) 486-4206 Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 10/10/2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER: B. EMPLOYMENT SEARCH: Unable to locate a good employer for Harry and Evelyn. C. INQUIRY OF CREDITORS: The creditors indicated that Harry and Evelyn are living at 88 Beavers Road, Newville, Pa. 17241 with a home phone number of 717-486.4206. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The home phone number for Harry and Evelyn Gipe is 717-486-4206 registered at 88 Beavers Road, Newville,; Pa, 17241. Called the home number and spoke with Evelyn who stated she and Harry are both living at this address. INQUIRY OF NEIGHBORS - NIA INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of October 8, 2001 the National Change of Address (NCOA) has no change for Harry and Evelyn from the last known address. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Harry and Evelyn fisted at the last known address. OTHER INQUIRIES - A. DEATH RECORDS: As of October 8, 2001 the Social Security Administration has no death records on file for Harry D and Evelyn R Gipe and or a.k.a: s under their social security numbers. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC. ): None Found C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office has Harry and Evelyn listed at the last known address. OTHER SEARCHES - Social security numbers provided were verified. ADDITIONAL INFORMATION ON SUBJECT A. DATE OF BIRTH: Harry 09/67 Evelyn 70170 AFFIANT Michael K Gross •• NOTAiaV SEAL ~• Kristine M. Scott, Notary Public St. Louis County, State of Missouri My Commission Expires 9/217002 Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 lC~ Date: 1 0/1 012 0 01 players National Locator (PNL) (Reply Form) Reply To: GOLDBECK, MCCAFFERTY & MCKEEVER ATTN: Service Type: Skip Trace Open Date: 10/08/2001 Due Date: 10/15/2001 Close Date: 10/10/2001 File Status: Found Subject(s) Loan Number: FN-0255 Servicer Loan Number: Borrower Name (1): HARRY D GIPE Borzower Name (2): EVELYN R GIPE Last Known Address:88 BEAVERS ROAD NEWVILLE, PA 17241 New Address: Rating; Social Security #:165-64-0359 Social Security #: 459-77-3360 Residential Phone #: ( ) - Residential Phone #: ( ) - 8usiness Phone #: O - Business Phone #: ( ) - Other Phone #: ( ) - Additional Information: See Affidavit PLEASE USE THIS FORM AS AN INVOICE. $40.00 DUE 8 PAYABLE. Players National Locator 113 Old State Road, Suite 104 St Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: FN-0255 Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Case Number: Subject: HARRY D &EVELYN GIPE A.K.A.: HARRY DANA GIPE, EVELYN R GIPE Property Address: 400 MOUNTAIN ROAD NEWVILLE, PA 17241 Last Known Address: 400 MOUNTAIN ROAD NEViNILLE, PA 17241 Last Known Number: ( ) - Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 07/25/2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER: B. EMPLOYMENT SEARCH: Unable to locate a good employer for Harry and Evelyn. C. INQUIRY OF CREDITORS: The creditors indicated that Harry and Evelyn are living at 88 Seavers Road, Newville, Pa. 17241 with no valid home phone number. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The directory assistance has no listing for Harry and Evelyn Gipe. Contacted 717-776-3255 and spoke with a person who stated Harry and Evelyn are both living at 88 Seavers Road, Newville, Pa. 17241. INQUIRY OF NEIGHBORS - N/A INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of July 24, 2001 the National Change of Address (NCOA) has no change for Harry and Evelyn from 88 Seavers Road, Newville, Pa. 77241. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE 8 DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Harry and Evelyn listed at 88 Seavers Road, Newville, Pa. 17241. OTHER INQUIRIES - A. DEATH RECORDS: As of July 24, 2001 the Social Security Administration has no death records on file for Harry D and Evelyn Gipe and or a.k.a.'s under their social security numbers. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC. ): None Found C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office has Harry and Evelyn listed at 88 Seavers Road, Newville, Pa. 17241. OTHER SEARCHES - Social security numbers provided were verified. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: Harry 09167 Evelyn 10/70 AFFIANT Michael K Gross to befpre e 7 512001 ~~ NOTARY SEAL " /~ Kristine M. Scott, Notary Public /// St. Louis County, State of Missouri My Commission Expires 9~2I2002 Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 GOLDBSCR MCCAFFERTY & MCRSSVER JOSEPH A. GOLDBSCR, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall Sast Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCREEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. F/R/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithesburg, MD 20898-9481 . vs HARRY D. GIPS EVSLYN R. GIPS (Mortgagors and Real Owners) 400 Mountain Road Newville, PA 17241 IN THS COURT OF COMMON PLEAS OF CUNIDERLAND COUNTY No. 01-4532 Civil TeYm CERTIFICATE OF SERVICE MICHAEL T. MCREEVER, Esquire, do hereby certify that true and correct copies of the the foregoing Motion for Substituted Service have been served upon the Defendant this ~~~ day of ~eC. 2001, by first class mail, postage prepaidf/ BY. MICHA&'AIT./MC~SVER, ESQIIIRE GOLDBSCIt MCCAFFSRTY & MCRSEVSR JOSEPH A. GOLDBSCR, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall Sast Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKSSVSR, ESQUIRE Attorney I.D.'#56129 Attorney for Plaintiff . , ~~ FIRST NATIONWIDE MORTGAGE CORP. IN THS COURT OF COMMON PLEAS F/R/A LOMAS MORTGAGE PARTNERSHIP LP OF COMBSRLAND COUNTY PO Box 9481 Mail Code: 22-528-1011 Gaithesburg, MD 20898-9481 No. 01-4532 Civil Term vs HARRY D. GIPS EVSLYN R. GIPS (Mortgagors and Real Owners} 400 Mountain Road Newville, PA 17241 ORDER AND NOW, this day of 2001, upon consideration of the Plaintiff's Motion for Substituted Service under Pa.R.C.P. 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, ORDERED and DECREED: that Plaintiff's Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant by posting a copy of the Complaint upon the premises 400 Mountain Road, Newville, PA 17241 and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address of 88 Seavers road, Newville, PA 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 THE COURT: J. ,~ SEC 2 0 200 ;U~ GOLDB$CIt MCCAFFERTY & MCKSSVSR JOSEPH A. GOLDBSCK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall Bast Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. F/R/A LOMAS MORTGAGE PARTNERSHIP LP . PO Box 9481 Mail Code: 22-528-1011 Gaithesburg, MD 20898-9481 vs . HARRY D. GIPS EVELYN R. GIPS (Mortgagors and Real Owners) 400 Mountain Road Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF CUMBRRT.nNn COL~Ty No. 01-4532 Civil Term ORDER AND NOW, this day of 2001, upon consideration of the Plaintiff's Motion for Substituted Service under Pa.R.C.P. 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, ORDERED and DECREED: that Plaintiff's Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant by posting a copy of the Complaint upon the premises 400 Mountain Road, Newville, PA 17241 and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address of 88 Seavers road, Newville, PA 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 THE COURT: J. b~C 2 0 Z00~ ~~~~ GOLDBECX MCCAFFERTY & MCXESVER PROFESSIONAL CORPORATION ATTORNEYS AT LAW SUITB 500 THE BOIIRSE BIIILDING 111 S. INbEPEDIDSNC$ MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 FAX (215) 627-7734 So6eph A. Goldbee k, Sr. Gary e. McCafferty Micbael T. Mc &eever Rriatina G. Murtria Date: DeC.I3,~( Office of the Prothonotary Cumberland County Courthouse RE: Docket Number: 01-4532 Civil Term First Nationwide vs. Gipe Dear Sir or Madam: Enclosed find please an original and a copy of Plaintiff's Motion for Substituted Service. Kindly file and return a time stamped Copy to our office in the enclosed self addressed stamped envelope. ~~ Very tru7~',y~fr~, MICHAEL ~'.~iCyCEEV~t, ESQUIRE KGM/dms Enclosures cc: Harry D. Gipe Rebecca Huffer #&833005871 SHERIFF'S RETURN - REGULAR CASE NO: 2001-04532 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS GIPE HARRY D ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, Says, the within COMPLAINT - MORT FORE was served upon PE HARRY D the DEFENDANT at 1453:00 HOURS, on the 29th day of January 2002 dt 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 18.00 Service 8.28 Posting 6.00 Surcharge 10.00 .00 42.28 Sworn and Subscribed to before m`e~ pthis ~ day of ITn ,ZJ A . D . So Answer'/)s :~~i~_~`_ /~ R. Thomas Kline %J 01/30/2002 GOLDBECK MCCAFFER Y MCKEEVER By : IQ/~ Deputy Sheriff bthonotary 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 PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES No. 01-4532 Civil Term THIS LAW FIItM 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 iri 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 Plaintiff s damages as follows: As set forth in Complaint $81,671.93 Interest-8/1/Ol-3/15/02 $ 3,849.92 Late Charges $ 288.40 TOTAL $85,810.25 / I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown abnove, and (2) that notice has been given in accordance with Rule 237.1, copy attached. (,..iV / `J^~ DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: / r (~/LGC~ 197 ~GY~3~ Joseph Goldbec . k Attom or Plainti I.D. #1 32 PRO PROTHY AND NOW / ~` /Lrh ! 4/ G~ Judgment is entered in favor of FIRST NATIONWIDE MORTGAGE CORP. F/I{/A LOMAS MORTGAGE ARTNERSHIP LP and against HARRY D. GIPE 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 COLLECT`dR 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. 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 PlainPiff v.t. HARRY b. GIPE EVELYN R. GIPE (Mortgagor(s) anc( Record Owner(s)) 400 Mountain Road Newville, PA 17241 Defendmat(s) TO: EVELYN R. GIPE 4DU Mountaui koad Newville, PA 17241 DATE OF THIS NOTICE: February 19, 2002 In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term 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 LEUAL HELP: ('~i~l6lyl< AND NUNTY 6AR ASSOCIA9'ION L'eili ti~~' P~ f°i~'o ~cn~ veuvices me ~~ Yi,,'I~~g`"~~oi3 19' _.hUao i CO ~i.C IcCAFFER EEVER B seph A. Goldbeck, .lr, Esq. Atlomey for Plaindff Suite 500 -The Bourse Bldg. 11 I S. lndcpcndcnce Mall Eas[ 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 Mouutani 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 Plaintiff vs. HARRY D. GIPE EVELYN R. GIPE (Mortgagor(s) and Record Owner(s)) 400 Mountain Road Newville, PA 17241 Defendant(s) TO: HARRY D. GIPE 400 Mowitain Road Newville, PA 17241 IMPORTANT NOTICE In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term 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~IBER,ANO COUNTY RARASSOGATION z'~~d~5~d fHF>f3 ~i,-34~_ti~ob GO ~ C IcCAFFER EVER B ~ seph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 -The Bourse Bldg. 111 S. Independence Mall Eas[ 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. 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 Plaintiff vs. HARRY D. GIPE EVELYN R. GIPS (Mortgagor(s) and Record Owner(s)) 400 Mountain Road Newville, PA 17241 Defendant(s) T0: HpRRY D. GIPE 88 Seavers Road Newville, PA 17241 DATE OF THIS NOTICE: February 19, 2002 In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term 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 LECIAL HELP: ~'~1~IBLR AND COUNTY BAR ASSOCIATION z~~~i, seY~ s~aF3 4c~ e ~~eavices me ~i~ii{yet-o4bb7o I3 GO ~ C IcCAFFER 1 EVER 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. 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 Plaintiff vs. HARRY D. GIPE EVELYN R. GIPE (Mortgagor(s) and Record Owner(s)) 400 Mountain Road Newville, PA 17241 Defendant(s) TO: EVELYN R. CIPE 88 Seavers Road Newville, PA 17241 DATE OF THIS NOTICE: February 19, 2002 In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term IMPORTANT NOTICE YOU ARE EV 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 WTfHIN 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: ('IIMRF.R AND COUNTY BAR ASSOCIATION c~~~ll~5erdrt°f9HS3 ~~GA~~tippRVICES INC ~%~~~~~1_33bb40b"1013 GO ~ C IcCAFFER 2 EVER B seph A. Goldbeck, 7r., Esq. Atlomey for Plaintiff Suite 500 -The Bourse Bldg. 111 5. 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. GIPS, 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 A. Go eck, Jr. Att ey fo laintiff r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FIRST NATIONWIDE MORTGAGB CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 01-4532 Civil Term Vs. HARRY D. GIPS SVELYN R. GIPE Defendants TO THE OFFICE OF THE PROTHONOTARY: PRAECIPE FOR WRIT OF BXECUTION (MORTGAGE FORECLOSURE) 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 Jos A. G eck, Jr. Sui 500- a Bourse Bldg. 111 Independence Mall East Philadelphia, PA 19106 Attorney for Plaintiff Note: Please attach description of property. 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 No. 01-4532 Civil Term Vs. HARRY D. GIPE EVELYN R. GIPE (Mortgagors and Record Owners) 400 Mountain Road Newville, PA 17241 Defendants TH23 LAW FIRM IS A DEBT COLLECTOR AND WE AR8 ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TH8 PURPO38 OF COLLECTING TH8 DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary ~BY: ~(h.P ~ ~~~~~ -~ 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 LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff vs. HARRY D. GIPE EVELYN R. GIPE (ffiortgagora 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 PURSIIANT 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 beat of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: March 15, 2002 GOLDBE t McCAFF TY & McKEEVER BY: Jo eph A. G ldbeck, Jr., Esq. Attorn for Plaintiff Jospeh A. Goldbeck, Jr. Attozney I.D. #16132 Suita 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attozney 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 beck, Jr. Atto ey fo plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 500 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 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 V s. 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. OI-4532 Civil Term THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. TffiS 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. EVELY4I R. 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 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 SHERIFFF'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 fmd out how much you must pay call: 215-627-1322 2. You maybe 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). XOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS FVEN 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed to the value of your property. 3. The sale will gc through only if the buyer pays the Sheriff the full amount due in the sale. To fmd 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 maybe entitled to a shaze of the money which was paid for your house. A schedule of distrbution 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) aze 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 Cazlisle, PA 17013 GOLDBECK McCAFF'ERTY & 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. IN THE COURT OF COMMON PLEAS of Cumberland County CNH, ACTION -LAW HARRY D. GIPS EVELYN R. GIPS (Mortgagors aqd Record Owners) 400 Mountain Road Newville, PA 17241 Defendants ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term THIS LAW FIIIM 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: GIl'E, 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. 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 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 OTFIER 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 maybe 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 maybe entitled to a shaze 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) aze 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 SERVICESINC 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 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 V s. Plaintiff HARRY D. GIPE EVELYN R. GIPE Mortgagors and Record Owners 400 Mountain Road Newville, PA 17241 Defendants IN THE COURT OF of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. O1-4532-Civil Term CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (cl (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/oernpete>t (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 ACCOMPLISB~D 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. submitted, ~~ eck, Jr. for fA 0 3 y 9 m Z V J , _~ n 9 0 w E -°. d V O v u -1 ° o° ~ cn A ca N ~ ~ o cD 0> J rn to A W N m ~~.. -a y ~ m z °~ 7 y o o u n ° ~ c 9 S~ HU N N R ~NC *5~ .~ e° zZ _ 'g ~ ~Wa S°~ ~m3 ~o$ o ~ pa. $c ae ~ 3.3~ ffi~ ~S~ .^ m °p ~eq ~~ ac n ~ £ jpn g E z ~ ~lY~ ~ U 6 j .~ on A; SX ~ m~.o q ~ ~,' 8 IG 9 y P ~ ~ z ,~ ~ !~ 1 p ~ .. .~~ ~ ~ O ~r v ° 6 6 o° I ~ ~I ~ ~ ~ e 3 ~ ^~~~ ~ ~ oA@i ~ 6 w ~°- a~ n m w a <- a ° e 3 T °e ° p ^~^ ° Oy o ° eR m ~ ~n Os e ~^~A _ .ate ~ O ° v ~+;OSOO~ - ~ A =~0 A m n pp Y Y~ a• 4~ o _ O C O_ 3 a,~;=a ° 3°m~ ~~ s ~ m ~ _ g ~m ~ ~ w o2 3 qq~ q~ w~ p Sg~3 ~A~ ~ w ~ A ~~ ` ^ N ,A y _ afE~g~a 8o w N Yu3$Fi~ ' _ d ~~ a 5 ~wnOi3 ~3Y g ~ G ~~ L _ F~ g ~~ ~ r ~n +. f0 c qo_q ~ ~ ~' ~3 ~ n P ~ f i ~! y ic ~ 3 ~~ijj ~ g=$+~A$ i~ ~ - C~NT ., ~ fry-~. 3 ~ a ._ 'Ntl C ~~ ~o w v $ 9g ~ ~8 ~'~~ ~ _~ ~ u '.., Q ]s b _ a ~ p .p ~ -a~ ~ i~ !, r ~ ~ d ' ' ~ a a ~a km ~ ,., e ~~ m ~ - - ~ 8 ~ n ora ~'~ ° ~ ~ N W ~ . ~ 3°ogS ~ m, m ~ ~ • ~ ~ Y _ ~`a~ "a'~~~° ~~ r'~ a a ra~a ~ ~ n y'j~im ~~ kM n (TY3 ~`~ A N_ ~~ A 0 q N` Q d kx~ 3 m k First Nationwide Mortgage Corporation In The Court of Common Pleas of F/k/a Lomas Mortgage Partnership LP Cumberland County, Pennsylvania VS Writ No. 2001-4532 Civil Term Harry D. Gipe and Evelyn R. Gipe 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. Gripe, 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 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 Seavers Road, Newville, Pennsylvania, according to law. R: Thomas Kline, Sheriff, who being duly sworn according to laity 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 Sheriffls Office Swom and subscribed to before me This day of 2002, A.D. Prothonotary So R. Thomas K(l~ine, heriff B~© .~I Real 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 CORP. F/K/A LOMAS MORTGAGE PARTNERSHIP LP PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 V s. Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE HARRY D. GIPE EVELYN R. GIPE Mortgagors and Record Owners 400 Mountain Road Newville, PA 17241 Defendants 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 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 maybe 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 maybe 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 informa5on and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsificafion to authorities. DATED; August 19, 2002 & McKEEVER ph A. Goldbeck, Jr, Esq. for Plaintiff 7]~0 3901 9844 7671 8892 TO: GIPS, HARRY D. HARRY D. GIPE 400 Mountain Road Newville, PA 17241 SENDER; GOLDBECK MCCAFFERTY & MCKEEVER March 15, 2002 REFERENCE: c>PE, HARRY D. i Fx-o2ss 09/04/02 - Clunberland '. SENDER: GOLDBECK MCCAFFERTY & MCKEEVER March I5, 2002 REFERENCE: GIrE,lInR2yD.iFN-ozss 09/04/02 -Cumberland RETURN Postage I RETURN Pos[age RECEIPT Certified Fee SERVICE i RECEIPT Certified Fee Return Reraipt Fee SERVICE i Return Receipt Fee Restdded Delivery ~ Restricted Delivery Total Postage & Fees ~ ~~-" Total Postage & Fees ~ ' ` nc ~ ~' '(,~(, ' US Postal Service DATE ~^ POSTMtA i ~ ~ US Postal SerVICe _ ti p~ POST ~ ~ Receipt for /- ~ ~ ~ Receipt for ~ ~ ~ ~ `r ~ AP~i ~ Certified Maii ~" -; ~, ~ ~^ Certified Mail „~,. ~ d ~~ ~' ~ ~ ~ % ~~~ No Insurance Coverage Provided ~ ~~~' No Insurance Coverege Provided ,, ~ ~/~ . ~~ Do Not Use for International Mail Do Not Use for International Mail , , ~'~~ r~ ~ ^; ~' 7160 3901 9844 7671 8878 TO: GIPE,EVELYN R. EVELYN R. GIPE 88 Seavers Road Newville, PA 17241 SENDER; GOLDBECK MCCAFFERTY&MCKEEVEP, March 15, 2002 REFERENCE: GIPE, HARRY D. ~ FN-0255 09/04/02 - Gumberland I RETURN Postage RECEIPT Certified Fee SERVICE Retum Receipt Fee ' Total Postage & Fees I !CST, A! i ' S, US Postal Service POSTNJ~~R DF Receipt for ~~j~ ~_ ~ Certified Mail ~. '~~ ~ ~~ G No Insurance Coverege Provided \ ~r~$ <)C Do Not Use for International Mail ~_~ 7160 3901 9844 7671 8885 ~I ~, TO: GIPE, I-TARRY D. ' j HARRY D. GIPE 88 Seavers Road Newville, PA 17241 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 4th day of Seyt 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 Mtg Corp f/k/a Lomas Mtg Partner against Harry D Gimme & Evelyn R is duly recorded in Sheriff's Deed Book No. 253, Page 3709. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this d~io day of A.D. 2002 c«nmm~sExpiru,e Pum~7l ~~~z~ First Nationwide Mortgage Corporation In The Court of Common Pleas of F/k/a Lomas Mortgage Partnership LP Cumberland County, Pennsylvania VS Writ No. 2001-4532 Civil Term Harry D. Gipe and Evelyn R. Gipe 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 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: Evelyn R. Gipe, by making lrnown 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 duly 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 SherifFs 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 10.00 Law Library .50 Prothonotary 1.00 Mileage 15.18 Certified Mail 14.24 Levy 15.00 Surcharge 30.00 Law Journal 204.95 PatriotNews 174.55 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffls Deed 29.50 $ 647.82 paid by attorney 9/23/02 Sworn and subscribed to before me S ~~~`~~~~-"c,-f' This ~ day of .C9c_T~-P.y.~ R. Thoma~~sKline,,, ~hf}er~-if~f 2002, A.D. "'~""'/ BY1_I~GLUY <`)I~W 1 P othonotary ~ Real``l~istat Deputy ~~ 3o~W ~ ~ ~saay ~.. +'~ 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, seta 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.0. 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 GOLDBE C McCAFF TY & McKEEVER BY: Jo eph A. G ldbeck, 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 Newville, PA 17241 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4532 Civil Term THIS LAW FIIZNI 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 FIl2ST 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 fmd out how much you must pay call: 215-627-1322 2. You maybe 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 Coutt 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 STII,L BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGUTS EVEN IF THE 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 fmd out the price bid price by calling the Sheriff of 717-240-6390. 2. You maybe 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 shaze 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) aze filed with the Sheriffwithin ten (10) days after the schedule of distribufion 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 Cazlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Cazlisle, PA 17013 GOLDBECK McCAFFERTY 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 for Plaintiff & McKEEVER FIItST 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. GH'E 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 FH2M 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: GIPS, EVELYN R. EVELYN R. 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 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/I{/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 maybe 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. 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). 1, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd 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 compazed 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. S. 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 maybe 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 Sherffs 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) aze 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 All 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 WRIT OF EXECUTION and/or ATTACHMENT r COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-4532 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST NATIONWH)E MORTGAGE CORP. F/K/A LOMAS MORTGAGE PARTNERHSH' L P PLANTIFF(S) From HARRY D. GH'E 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 aze 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 gamishee(s) that: {a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are duetted 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 Plaintiff Paid Date: MARCH 19, 2002 REQUESTING PARTY: Other Costs PLUS COSTS CURTIS R. LONG Prothonotary, Civil Division By~ ---'~l/ ,~SE~iY7 ` i~ Name JOSEPH A. GOLDBECK, JR., ESQ Address: SUITE 500 -THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-62'7-1322 Supreme Court ID No. - `,~ - TIE PATRIOT 1`>TEWS THE SUNDAY PATRIOT NEWS Proof of Publicatuon Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epley 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-News and The Sunday Patriot-News 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 interesteii 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. - - - PUBLICA7'ION '~ .. ~ .............<~.....~1~............................. ................... COPY sworn to a is 14th day Au 2002 A.D. SALE #32 Notarial Seal -- Terry L. Russell, Notary,Public - REAL ES-FATE SALE No. 32 -- --- Wr14 No. 2007-4532 City Of Hamsburg, Oauphm County --- - -- Civil Term My Cosnmissicn Expires June 6,2006 NOTARY PUBLIC >First Nationwide Member, Pennsylvania Association OfNot~ries My Commission expires June 6, 2006 Mortgage Corp. flWa Lomas Mortgage Partnership LP CUMBERLAND COUNTY SHERIFFS OFFICE vs R-argr D. Gips end CUMBERLAND COUMY COURTHOUSE Evelyn R. Glpe CARLISLE, - PA. 17013 -- Atty: Joseph Goldbeck - --DESCRIPTTGN -ALL THAT CERTAIN Baer of lana meatea N Statement of Advertising Costs Culver Mifflin Township with improvements d1e1e0ro To THE PATRIOT-NEWS CO., De - BEGINNBVG at a point m the right-of--way of T- a13,alaokpownaaMeadowsRoaa;tneneeinthe For publishing the notice or publication attached - righ[-of-way South 65 degrees, 24 minutes, 35 hereto on the above stated dates $ 172.80 seconds Fast 91 feet to a milmad spike; (hence m ~e-rigs[- of=way of T333, atso known as Probating same Notary Fee(s) $ 1.75 - Mountain Road, Sou[h 23 degrees 3f minutes 56 Total $ 1 74.55 sceonds West 456 feet to a railroad spike; thence by land now or formerly of Filomena Calabmse, Noah 66 degrees S2 minutes 36 seconds West .144.96feet to an imn pin; thence by land aow or Publisher's Receipt for Advertising Cost °~~formertyofcfiitont_Pme,North3odegrecsu )o., ublisher of The Patriot-News and The Sunda Patriot-News, news a ers of eneral Mini"votes 20 seconds Fast. 45353 fcet [o a rail- P Y P P 9 roaa spike;n the righf-of-way of T~at3, the place dge receipt of the aforesaid notice and publication costs and certifies that the same have of HEGIIs'NHiG. Tax Parcel #15-QS-041 I-001. BEIIVG known as G70 Mountain Road, NeNV(f(e, PA 17241. B y .................................................................... 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: NLY 26, AUGUST 2, 9, 2002 Affiant fiuther deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and chazacter of publication are true. -.~ Ro r M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST. 2002m LdS E. F . .