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HomeMy WebLinkAbout07-2386PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 150814 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO,, CA 92123 Plaintiff V. CHRISTOPHER A. `GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 67 ? l?•I U ?? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 150814 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 150814 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 150814 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 150814 Plaintiff is THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO,, CA 92123 2. The name(s) and last known address(es) of the Defendant(s) are: CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/20/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR PINNACLE FINANCIAL CORPORATION D/B/A TRI STAR LENDING GROUP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1911, Page: 4061. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 150814 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $110,526.89 Interest $3,974.25 11/01/2006 through 04/24/2007 (Per Diem $22.71) Attorney's Fees $1,250.00 Cumulative Late Charges $156.52 06/20/2005 to 04/24/2007 Cost of Suit and Title Search 750.00 Subtotal $116,657.66 Escrow Credit $0.00 Deficit $748.20 Subtotal 748.20 TOTAL $117,405.86 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 150814 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 150814 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $117,405.86, together with interest from 04/24/2007 at the rate of $22.71 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s /Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 150814 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, being known as Lot 4 on the Final Subdivision Plan for Shady Terrace recorded in Plan Book 89, Page 82, being more fully described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Shady Land (T-1017) at the dividing line of Lot 3 and Lot 4, herein described: thence by said dividing line North 17 degrees 50 minutes 30 seconds West a distance of 95.78 feet to a point at lands now or formerly of Joseph J. Katkocin; thence by said lands North 73 degrees 23 minutes 00 seconds East a distance of 30.01 feet to a point at the dividing line of Lot 5 and Lot 4 herein described; thence by said dividing line South 17 degrees 50 minutes 30 seconds East a distance of 95.14 feet to a point on the northern right-of-way line of Shady Lane; thence by said right-of-way line South 72 degrees, 09 minutes 30 seconds West a distance of 30.00 feet to a point, the point of BEGINNING. 143 SHADY LANE, ENOLA, PA 17025 PARCEL NUMBER 09-13-1002-400 File #: 150814 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: V12 FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff 1 N C ca 5i "Tj ?.-? Yl- v v PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY vs. CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE No. 07-2386- CIVIL TERM Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. P AN HALLINAN & C G LP By F NCIS S. HALL AN, E QUI LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: May 23, 2007 /jmr, Svc Dept. File# 150814 tAj C1 SHERIFF'S RETURN - NOT SERVED CASE NO: 2007- 2386 P COMMONWEALTH 0 PENNSYLVANIA COUNTY OF CUMB RLAND BANK OF NEW YOLK TRUST COMPANY S GOUSE CHRISTOPHER A ET AL R. Thomas Klin , Sheriff , who being duly sworn according to 1 w, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: CHRISTOPHER ANDREW AKA AYGOUSE but was unable to locat Him in his bailiwick. He therefore returns the COMPLAINT - MOR FORE NOT SERVED , as to the within name DEFENDANT , LOUSE CHRISTOPHER A AKA CHRISTOPHER ANDREW AKA AYGOUSE 3510 BEECH RUN MECHANICSBURG, PIA 17050 DEFENDANT FILED PANKRUPTCY. Sheriff's Costs:) Docketing Service Affidavit Surcharge Sf a9/a, (? So answer, 18.00 9.60 .00 R. Thomas lne --10-?00-- Sheriff of Cumberland County 3? 7.60 PHELAN HALLINAN SCHMIEG 05/07/2007 Sworn and Subscri ed to before me this day of A. D. I SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-02386 P COMMONWEALTH O PENNSYLVANIA COUNTY OF CUMB RLAND BANK OF NEW YO K TRUST COMPANY S DOUSE CHRISTOP ER A ET AL R. Thomas Klin Sheriff who being duly sworn according to 1 w, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: GOUSE MICHELLE but was unable to locat Her in his bailiwick. He therefore returns the COMPLAINT-- MOR FORE NOT SERVED , as to the within name DEFENDANT LOUSE MICHELLE I 3510 BEECH RUN L E MECHANICSBURG, P 17050 DEFENDANT FILED ANKRUPTCY. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers::" -? 6.00 00 .00 R. Thomas K ine 10.00 Sheriff of Cumberland County .00 ? 16.00 PHELAN HALLINAN SCHMIEG 05/07/2007 Sworn and Subscri ed to before me this day of , A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2007JF 2386 P COMMONWEALTH PEN NSYLVANIA COUNTY OF CUMRLAND BANK OF NEW YORK TRUST COMPANY DOUSE CHRISTO R A ET AL R. Thomas Klin , Sheriff , who being duly sworn according to 1 w, says, that he made a diligent search and inquiry for the within nam d DEFENDANT to wit: LOUSE CHRISTOP ER A AKA CHRISTOPHER ANDREW AKA AYGOUSE but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORtF FORE the within name DEFENDANT CHRISTOPHER AND EW AKA AYGOUSE 143 SHADY LANE NOT SERVED , as to LOUSE CHRISTOPHER A AKA ENOLA, PA 17043 DEFENDANT FILED PANKRUPTCY. Sheriff's Costs: Docketing Service Affidavit Surcharge 6/d.gJU7 c , So answer 6.00 .00 .00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 /16.00 PHELAN HALLINAN SCHMIEG 05/07/2007 Sworn and Subscri ed to before me this day of A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-02386 P COMMONWEALTH 0 PENNSYLVANIA COUNTY OF CUMB RLAND BANK OF NEW YO K TRUST COMPANY S GOUSE CHRISTOP$ER A ET AL R. Thomas Klin Sheriff who being duly sworn according to 1 w, says, that he made a diligent search and inquiry for the within nam d DEFENDANT to wit: DOUSE MICHELLE I but was unable to locat Her in his bailiwick. He therefore returns the COMPLAINT - MOR FORE the within named DEFENDANT , LOUSE MICHELLE I NOT SERVED , as to 143 SHADY LANE ENOLA, PA 17043 DEFENDANT FILED KRUPTCY. Sheriff's Costs:l Docketing Service Affidavit Surcharge Sworn and Subscri ed this day of So answers: 6.00 .00 .00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 16.00 PHELAN HALLINAN SCHMIEG 05/07/2007 to before me A. D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO, CA 92123 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. NO. 07-2386- CIVIL TERM CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 MICHELLE I. GOUSE 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE and MICHELLE I. GOUSE, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 04/25/07 to 07/06/07 TOTAL I hereby certify that (1) the addresses of the (2) that notice has been given in accordance with I $117,405.86 $1,657.83 $119,063.69 tiff and Def n ant s) re le 3? 1,ncgpy 91 le , 1: ? V, DANIEL G. SCHMIEG, ES Attorney for Plaintiff as shown above, and DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: s k • 0?8 P AO PROTHY 150814 ? ? S js D s t s ,, PHELAN HALLINAN & SCHMIEG, LLP ' By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 THE BANK OF NEW YORK TRUST COMPANY, N.A. : COURT OF COMMON PLEAS AS SUCCESSOR TO JP MORGAN CHASE BANK, N.A. AS TRUSTEE : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. :NO. 07-2386 CIVIL TERM CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE Defendants TO: CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 DATE OF NOTICE: JUNE 22, 2007 rat Puri THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HAL AN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE CUMBERLAND COUNTY BANK, N.A. AS TRUSTEE COURT OF COMMON PLEAS 9275 SKY PARK COURT THIRD FLOOR CIVIL DIVISION Plaintiff, NO. 07-2386- CIVIL TERM V. CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are 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 Act of Congress of 1940, as amended. (b) that defendant CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE is over 18 years of age and resides at, 3510 BEECH RUN LANE, MECHANICSBURG, PA 17050. (c) that defendant MICHELLE I. GOUSE is over 18 years of age, and resides at, 3510 BEECH RUN LANE, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ti c ANIEL G. SCHMIEG, ESQU Attorney for Plaintiff e PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff, V. CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE Defendant(s). No. 07-2386- CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due interest from 07/06/07 to DECEMBER 5, 2007 (per diem -$19.57) Add'I Costs TOTAL $119,063.69 $2,974.64 and Costs $3,058.50 $125,096.83 sU ' NIEL . SCHMIEG, ES?UjRVj One Penn Center at Suburban S ti 1617 John F. Kennedy Boulevar e, suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The, sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 150814 O ? ? O ? aw d CJ C.7 a x UU c~ ? o ww Hwz w as ,,? z W? AO p ? °" xx ?o z ?p z O pW., O V d d L7 H o t,? U n o ? o 0 0 00 Wd?H ?? W o d MM i F,U? Oz ?U W? 45 ?? U W O G7 W x a O Je • DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, being known as Lot 4 on the Final Subdivision Plan for Shady Terrace recorded in Plan Book 89, Page 82, being more fully described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Shady Land (T- 1017) at the dividing line of Lot 3 and Lot 4, herein described: thence by said dividing line North 17 degrees 50 minutes 30 seconds West a distance of 95.78 feet to a point at lands now or formerly of Joseph J. Katkocin; thence by said lands North 73 degrees 23 minutes 00 seconds East a distance of 30.01 feet to a point at the dividing line of Lot 5 and Lot 4 herein described; thence by said dividing line South 17 degrees 50 minutes 30 seconds East a distance of 95.14 feet to a point on the northern right- of-way line of Shady Lane; thence by said right-of-way line South 72 degrees, 09 minutes 30 seconds West a distance of 30.00 feet to a point, the point of BEGINNING. PARCEL IDENTIFICATION NO: 09-13-1002-400 CONTROL #: 00512402 Premises: 143 Shady Lane, Enola, PA 17025 East Pennsboro Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Christopher A. Gouse and Michelle I. Gouse, husband and wife, by Deed from A. P. Williams Company, dated 06/10/2005, recorded 06/22/2005, in Deed Book 269, page 2514. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2386 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE, Plaintiff (s) From CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE AND MICHELLE I. GOUSE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,063.69 L.L. $.50 Interest FROM 7/6/07 TO 12/5/07 (PER DIEM - $19.57) -- $2,974.64 AND COSTS Atty's Comm % Atty Paid $315.56 Plaintiff Paid Date: JULY 9, 2007 (Seal) Due Prothy $2.00 Other Costs $3,058.50 - dl7114?z Curtis . Long, Pr of By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff, V. CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2386- CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, Attorney for Plaintiff L o- .Q i ?E3 e c J AV' ,., Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2386- CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE V. Plaintiff, CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,143 SHADY LANE, ENOLA, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE Last Known Address (if address cannot be reasonably ascertained, please indicate) 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR PINNACLE FINANCIAL CORPORATION DB/A TRI STAR LENDING GROUP P.O. BOX 2026 FLINT, MI 48501-2026 MERS AS A NOMINEE FOR PINNACLE 2611 TECHNOLOGY DRIVE FINANCIAL CORPORATION DB/A ORLANDO, FL 32804 TRI STAR LENDING GROUP 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 143 SHADY LANE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsvprn falsification to authorities. 'I 1 I July 6, 2007 DATE DANIEL G. SCHMII Attorney for Plaintiff q- Y g -r.) 4?1 ,t 1 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff, V. CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE Defendant(s). TO: CHRISTOPHER A. LOUSE A/K/A CHRISTOPHER ANDREW A/K/A CUMBERLAND COUNTY No. 07-2386- CIVIL TERM July 6, 2007 MICHELLE I. GOUSE 3510 BEECH RUN LANE CHRISTOPHER AYGOUSE MECHANICSBURG, PA 17050 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 "*THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 143 SHADY LANE, ENOLA, PA 17025, is scheduled to be sold at the Sheriff s Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $119,063.69 obtained by THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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 on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, being known as Lot 4 on the Final Subdivision Plan for Shady Terrace recorded in Plan Book 89, Page 82, being more fully described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Shady Land (T- 1017) at the dividing line of Lot 3 and Lot 4, herein described: thence by said dividing line North 17 degrees 50 minutes 30 seconds West a distance of 95.78 feet to a point at lands now or formerly of Joseph J. Katkocin; thence by said lands North 73 degrees 23 minutes 00 seconds East a distance of 30.01 feet to a point at the dividing line of Lot 5 and Lot 4 herein described; thence by said dividing line South 17 degrees 50 minutes 30 seconds East a distance of 95.14 feet to a point on the northern right- of-way line of Shady Lane; thence by said right-of-way line South 72 degrees, 09 minutes 30 seconds West a distance of 30.00 feet to a point, the point of BEGINNING. PARCEL IDENTIFICATION NO: 09-13-1002400 CONTROL #: 00512402 Premises: 143 Shady Lane, Enola, PA 17025 East Pennsboro Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Christopher A. Gouse and Michelle L Gouse, husband and wife, by Deed from A. P. Williams Company, dated 06110/2005, recorded 06/22/2005, in Deed Book 269, page 2514. ??? ?--0?? ?? ? ? DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, being known as Lot 4 on the Final Subdivision Plan for Shady Terrace recorded in Plan Book 89, Page 82, being more fully described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Shady Land (T- 1017) at the dividing line of Lot 3 and Lot 4, herein described: thence by said dividing line North 17 degrees 50 minutes 30 seconds West a distance of 95.78 feet to a point at lands now or formerly of Joseph J. Katkocin; thence by said lands North 73 degrees 23 minutes 00 seconds East a distance of 30.01 feet to a point at the dividing line of Lot 5 and Lot 4 herein described; thence by said dividing line South 17 degrees 50 minutes 30 seconds East a distance of 95.14 feet to a point on the northern right- of-way line of Shady Lane; thence by said right-of-way line South 72 degrees, 09 minutes 30 seconds West a distance of 30.00 feet to a point, the point of BEGINNING. PARCEL IDENTIFICATION NO: 09-13-1002-400 CONTROL #: 00512402 Premises: 143 Shady Lane, Enola, PA 17025 East Pennsboro Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Christopher A. Gouse and Michelle I. Gouse, husband and wife, by Deed from A. P. Williams Company, dated 06/10/2005, recorded 06/22/2005, in Deed Book 269, page 2514. w ' SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02386 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST COMPANY VS GOUSE CHRISTOPHER A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GOUSE CHRISTOPHER A AKA CHRISTOPHER ANDREW AKA AYGOUSE but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT CHRISTOPHER ANDREW AKA AYGOUSE, 143 SHADY LANE NOT FOUND , as to GOUSE CHRISTOPHER A AKA ENOLA, PA 17043 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answer 6 . 0 0 14.40 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 06/05/2007 Sworn and Subscribed to before me this day of A. D. ` SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02386 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST COMPANY VS GOUSE CHRISTOPHER A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GOUSE MICHELLE I but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT GOUSE MICHELLE I 143 SHADY LANE ENOLA, PA 17043 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge So answe 6.00 .00 5.00 R. Tho s ine 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 06/05/2007 Sworn and Subscribed to before me this day of A. D. CASE NO: 2007-02386 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST COMPANY VS GOUSE CHRISTOPHER A ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GOUSE CHRISTOPHER A AKA CHRISTOPHER ANDREW AKA AYGOUSE the DEFENDANT , at 1745:00 HOURS, on the 1st day of June 2007 at 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 by handing to MICHELLE GOUSE, ADULT IN CHARGE 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 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 3 8 . 5 6 Sworn and Subscibed to before me this of So Answers: f R. Thomas Kline 06/05/2007 PHELAN HALLINAN SCHMIEG By: day Deputy eriff A. D. CASE NO: 2007-02386 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST COMPANY VS GOUSE CHRISTOPHER A ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon f'nTTC'' MTf1WL1T.T.W T the DEFENDANT , at 1745:00 HOURS, on the 1st day of June , 2007 at 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 411?/I`1 q,,,, So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 ? 16.00 06/05/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to before me this of By: day Deputy Sheriff A.D. AFFIDAVIT OF SERVICE PLAINTIFF THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSORS TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE DEFENDANT(S) CHRISTOPHER A. GOUSE A/10A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE SERVE CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE AT 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 07-2386- CIVIL TERM ACCT. #150814 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 5, 2007 SERVED Served and made known to h YI S I ???PX _ GCUS e , Defendant, on the day of ?U L 2001 at 1%I0 , o'clock P.m., at31?i )O Seed, 'Rttw La tie , NIt2C(.1c oks bu tq , Commonwealth of Pennsylvania, in the manner described below: Y Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age , J U Height ?Weight y Race VV Sex AA Other I, PDO Al-) ( V1 d L-t- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su "bed befo ?eth is ?y ? Notary: SE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer - Vacant 1St Attempt: / / Time: 2¢d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 j (215) 563-7000 iL ?? « ?? ° :r? ? ? ?. ? ;? ? t 7 ? , .. E. ? y:' ?}? ? ?'C ?, ? 1 _ " ? ( . :?, :-?=} ?? AFFIDAVIT OF SERVICE PLAINTIFF T HE BANK OF NEW YORK TR ST OMPANY, N.A. AS SUCCESSO TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE DEFENDANT(S) CHRISTOPHER A. GOUSE A?A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AY OUSE MICHELLE I. GOUSE CUMBERLAND COUNTY No. 07-2386- CIVIL TERM ACCT. #150814 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 SERVE MICHELLE I. GOUSE AT 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 I SERVED 2 / Served and made known to J V _ _1 _ I . i el (C f 5 dayof ?u 1 l??e- , Defendant,onthe c71 , 200 , at ` 10 o'clock P.m., at 3S f D 1eo1?t R(.( t1 t Z kto 1 /? )e GI a,?j _ Cs b k rg , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendanto) reside(s). Name and Relationship is b - _ Adult in charge of Defendant(s)'s residence who refused to ive name or relationship. Manager/Clerk of place of lodging in which Defendant(s) re idt(s). Agent or person in charge of Defendant(s)'s office or usual lace of business. an officer of said Defendant(s)'s ompany. Other. Description: Ag?e? Height .LC?..{ WeightQ Race Vv Sex AA Other T, Pa Na-o / / o L(, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of theNotice of Sheriffs ST in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swom to and subscriibpd befor e pis _V? day ____ - - of v - ?V Notary: I (P - i ??. 03 11 2M J ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200. at Moved Unknown _ No Answer Ist Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of, 200-. Notary: By: f V` r o'clock _.m., Defendant NOT FOUND because: _ Vacant 2"0 Attempt: Time: DAME G. SCHMIEG, Esquire - I.D. No. 62205 One Pen Center at Suburban Station, Suite 1400 1617 Jo n F. Kennedy Boulevard Philadel hia, PA 19103-1814 (215) 56 7000 l ?g r-11 c :? -rt ?: ... er 'r ? - p r '1 91 i C PHELAN HALLINAN & SCHMIEG, LLP By Daniel G. Schmieg, Esquire, ID No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 1903-1814 215-563-7000 Attorney for Plaintiff ATTN: JODI THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS Plaintiff Court of Common Pleas CUMBERLAND County Vs. NO. 07-2386- CIVIL TERM CHRISTOPHER A. GOUSE MICHELLE I. GOUSE Defendants PRAECIPE TO SUBSTITUTE LEGAL DESCRIPTION TO THE PROTHONOTARY: Kindly substitute the attached legal description for the legal description originally filed with the complaint in the instant matter. June 21, 2007Q Date g-?Jel G. Schmieg, Esquire A y i DESCRIPTION ALL THAT CERTAIN piece, parcel and lot of land, with improvements thereon erected, situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania; being known as Lot 4 on the Final Subdivision Plan for Shady Terrace recorded in Plan Book 89, Page 82, being more fully bond and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Shady Land (T- 1017) at the dividing line of Lot 3 and Lot 4, herein described; thence by said dividing line North 17 degrees 50 minutes 30 seconds West a distance of 95.78 feet to a point at lands now or formerly of Joseph J. Katkocin; thence by said lands North 73 degrees 23 minutes 00 seconds East a distance of 30.01 feet to a point at the dividing line of Lot 5 and Lot 4 herein described; thence by said dividing line South 17 degrees 50 minutes 30 seconds East a distance of 95.14 feet to a point on the northern right- of-way line of Shady Lane; thence by said right-of-way line south 72 degrees 09 minutes 30 seconds West a distance of 30.00 feet to a point, the Point of BEGINNING. CONTAINING 2,863.9 square feet. UNDER AND SUBJECT to a 27 foot cross access easement in accordance with the above referenced subdivision plan for Shady Terrace and all other easements, reservations, restrictions, and rights of way of record. Maintenance and repair of the right-of-ways, as well as snow removal, shall be the responsibility of the Grantee, his heirs, successors and assigns, pursuant to a Declaration Easement. UNDER AND SUBJECT to all easements, reservations, restrictions, and rights of way of record. BEING the same premises which Clayton L. Trayer and Sonia L. Trayer by Deed dated January 30, 2004, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on January 30, 2004, in Book 261, Page 2975, granted and conveyed unto A. P. Williams Company, Grantor herein. PARCEL IDENTIFICATION NO: 09-13-1002-400 CONTROL #: 00512402 Premises: 143 Shady Lane, Enola, PA 17025 East Pennsboro Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Christopher A. Gouse and Michelle I. Gouse, husband and wife, by Deed from A. P. Williams Company, dated 06/10/2005, recorded 06/22/2005, in Deed Book 269, page 2514. `f. CD 7:c S -n C r, ' cn E ) uo SALE DATE: DECEMBER 5, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO No.: 07-2386- CIVIL TERM JPMORGAN CHASE BANK, N.A. AS TRUSTEE VS. CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 143 SHADY LANE, ENOLA, PA 17025. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service ' attached for each notice. 1'2 DANIEL SCHMIEG, ESQU ! ,/ Attorney for Plaintiff (/ November 7, 2007 ,THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff, V. CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2386- CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) THE BANK OF NEW YORK TRUST COMPANY N.A AS SUCCESSOR TO JPMORGAN CHASE BANK. N.A. AS TRUSTEE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,143 SHADY LANE, ENOLA, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE Last Known Address (if address cannot be reasonably ascertained, please indicate) 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMUNITY BANKS 55 WETZEL DRIVE HANOVER, PA 17311 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR PINNACLE FINANCIAL CORPORATION DB/A TRI STAR LENDING GROUP MERS AS A NOMINEE FOR PINNACLE FINANCIAL CORPORATION DB/A TRI STAR LENDING GROUP P.O. BOX 2026 FLINT, MI 48501-2026 2611 TECHNOLOGY DRIVE ORLANDO, FL 32804 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. i Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 143 SHADY LANE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. October 24, 2007 - DATE DANIEL . SCHMIEG, ESQU Attorney for Plaintiff X0:46 L 3(140d{Z V40HA 03-llvvi 00 p LOS L m ZO = ?Z 9Z _ bd L Z 0 00 lo s 53A„09 7.3NIb ? , GJ 0 ? o O ? as a o? a? °a I b e a a H e 0 e z x > 2 H r-I `? A a N a 3 o U-) U LO m a E z m b a PC a C a ? N U 0 0 2 v V4 r-I cv 1 MI v1'n I `aI t- 1 00 CA U O Q U 04 a O U 00 ?h a OW o ? w ISO 9Nxg 42 40 vI .a w . s? ? ??i1 QW 2 tl? 9 S°0 g? IM M a a aw 'fr. O ° z? oT .? s c! , a ° V ° vA a ° V? B N 73 C10 ?„0o 0 ON PL4 ?w LL 0 q a O a 4) W, za0 n4 w V . q ? k O y d age v b N q L -3Woocpz WONA t7mri" 9 ° M Q y u so inc o cos tabooo a f? VZO $ r?? zo m?wr'r`/? rAmm t° qo.9 " 1Elp ; 5??? ° ? rd o , V " .r'r. ? ? O O T G U R w a ¢ ( - • yj a (Y E ? a4 oG V " U y ,D e o ~ ?V O a O v o .-r Ind :o Q Q Q, a ?` 0 4) 4) p 4? 4 ? o8 W qof gW q ow 9r o 3 (? r z z •c . FA °3 0 ? _ ° . aa,., pp.,, u G N w .? ?+¢ 3 W a o O ? 0 ' C• L"+ .a co V1 o .O V V W a Z A " W ° y a o 1" co a 0 W z . ; U OB a ?W ??.n] a to 0. 9 ,? d L? o ?; ? ;2 V u v "yam' x ? o 4 Nr Go p c w 0 w .- ?C9 3 ? W Ltq [i«p Nv c E. x O .G7 ,N ° v 000 (5 a a U Cd 000 Z Z'? ?IE a F z p C ?? <? o0 O z o ? ?? ¢,,p PW a? z A 06 ?a Aa mp V °? ? . h a L m Z m ? U °e 1+ ti W ? O ? v za A r- N M IT h ?D n co ? o a ra c= Fri C c ' ip ? CS ? t ut r + CD ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which GMAC Mtg LLC is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 9th day of Jam, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2386, at the suit of Bank of New York Trust Co N A Tr against Christopher A Gouse aka Christopher Andrew aka Christopher Aygouse Michelle I is duly recorded as Instrument Number 200804986. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 021 day of .8 A.D. /U?-0 of Deeds Recorder o o s, Cumberland County, CWW@, PA My Conmm*n Expires the Fit Monday of Jan. 2010 The Bank of New York Trust Company, N.A. In the Court of Common Pleas of As successor to JP Morgan Chase Bank, N.A. Cumberland County, Pennsylvania As Trustee Writ No. 2007-2386 Civil Term VS Christopher A. Gouse a/k/a Christopher Andrew a/k/a Christopher Aygouse and Michelle 1. Gouse Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2007 at 1115 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Christopher A. Gouse a/k/a Christopher Andrew a/k/a Christopher Aygouse, by making known unto Christopher Gouse, personally and adult in charge for Michelle Gouse, at 3510 Beech Run Lane, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1433 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christopher A. Gouse a/k/a Christopher Andrew a/k/a Christopher Aygouse and Michelle I. Gouse located at 143 Shady Lane, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendants, to wit: Christopher A. Gouse a/k/a Christopher Andrew a/k/a Christopher Aygouse and Michelle Gouse by regular mail to their last known address of 3510 Beech Run Lane, Mechanicsburg, PA 17050. These letters were mailed under the date of October 16, 2007 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, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5,2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of GMAC Mortgage, LLC. It being the highest bid and best price received for the same, GMAC Mortgage, LLC of 1100 Virginia Drive, Fort Washington, PA 19034, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $984.24. Sheriff s Costs: Docketing $30.00 Poundage 19.30 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 28.80 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 335.72 Share of Bills 14.92 Distribution of Proceeds 25.00 0 a So? Sheriff s Deed 40.00 $ 984.24 a12 7/d 9 So Answers: R. Thomas Kline, Sheriff BY C11S??1 L, Real Estate rgeant THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff, V. CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2386- CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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,143 SHADY LANE, ENOLA, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE Last Known Address (if address cannot be reasonably ascertained, please indicate) 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR PINNACLE FINANCIAL CORPORATION DB/A TRI STAR LENDING GROUP P.O. BOX 2026 FLINT, MI 48501-2026 MERS AS A NOMINEE FOR PINNACLE 2611 TECHNOLOGY DRIVE FINANCIAL CORPORATION DB/A ORLANDO, FL 32804 TRI STAR LENDING GROUP 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 143 SHADY LANE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to uns rn falsification to authorities. July 6, 2007 DATE DANIEL G. SCfi1VtIEG, Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff, V. CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE MICHELLE I. GOUSE Defendant(s). TO: CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE CUMBERLAND COUNTY No. 07-2386- CIVIL TERM July 6, 2007 MICHELLE I. GOUSE 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 3510 BEECH RUN LANE MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 143 SHADY LANE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment of $119,063.69 obtained by THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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 r you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES 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 by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, being known as Lot 4 on the Final Subdivision Plan for Shady Terrace recorded in Plan Book 89, Page 82, being more fully described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Shady Land (T- 1017) at the dividing line of Lot 3 and Lot 4, herein described: thence by said dividing line North 17 degrees 50 minutes 30 seconds West a distance of 95.78 feet to a point at lands now or formerly of Joseph J. Katkocin; thence by said lands North 73 degrees 23 minutes 00 seconds East a distance of 30.01 feet to a point at the dividing line of Lot 5 and Lot 4 herein described; thence by said dividing line South 17 degrees 50 minutes 30 seconds East a distance of 95.14 feet to a point on the northern right- of-way line of Shady Lane; thence by said right-of-way line South 72 degrees, 09 minutes 30 seconds West a distance of 30.00 feet to a point, the point of BEGINNING. PARCEL IDENTIFICATION NO: 09-13-1002-400 CONTROL #: 00512402 Premises: 143 Shady Lane, Enola, PA 17025 East Pennsboro Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Christopher A. Gouse and Michelle I. Gouse, husband and wife, by Deed from A. P. Williams Company, dated 06/10/2005, recorded 06/22/2005, in Deed Book 269, page 2514. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-2386 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE, Plaintiff (s) From CHRISTOPHER A. GOUSE A/K/A CHRISTOPHER ANDREW A/K/A CHRISTOPHER AYGOUSE AND MICHELLE I. GOUSE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,063.69 L.L. $.50 Interest FROM 7/6/07 TO 12/5/07 (PER DIEM - $19.57) -- $2,974.64 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $315.56 Other Costs $3,058.50 Plaintiff Paid Date: JULY 9, 2007 (Seal) REQUESTING PARTY: (? 1Z "A5 k ev Curtis R ong, Proth By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 08 On August 2, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 143 Shady Lane, Enola, more fully described on Exhibit "A" ?r filed with this writ and by this reference incorporated herein. Date: August 2, 2007 By: Real Estate Sergeant The Patriot-News Co. 812 Market St. the atr1*o1twXews Harrisburg, PA 17101 Now you know Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10131/07 11/07/07 ?/ .............. Sworn to an ?scribed efo me this 30 day of November, 2007 A.D. N ary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L. Clark, Notary Public City Of Harrisburg, Dauphin County My Commission Expires June 2, 2008 Member, Pennrrylvenle ASMIatlon of NoWrler 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. Lisa Marie Coyne, 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: October 26, November 2 and November 9, 2007 Affiant further 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 character of publication are true. Lisa arie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 9 day of November, 2007 C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RZAL ESTATE SALE NO. S Writ No. 2007-2386 Civil The Bank of New York Trust Company, N.A. as successor to JP Morgan Chase Bank, N.A. as Trustee vs. Christopher A. Gouse a/k/a Christopher Andrew a/k/a Christopher Aygouse and Michelle I. Gouse Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, being known as Lot 4 on the Final Subdivision Plan for Shady Terrace recorded in Plan Book 89, Page 82, being more fully described as fol- lows, to wit: BEGINNING at a point on the northern right-of-way line of Shady Land (T-1017) at the dividing line of Lot 3 and Lot 4, herein described: thence by said dividing line North 17 degrees 50 minutes 30 seconds West a distance of 95.78 feet to a point at lands now or formerly of Joseph J. Katkocin; thence by said lands North 73 degrees 23 minutes 00 seconds East a distance of 30.01 feet to a point at the dividing line of Lot 5 and Lot 4 herein described; thence by said dividing line South 17 degrees 50 minutes 30 seconds East a distance of 95.14 feet to a point on the northern right-of-way line of Shady Lane; thence by said right- of-way line South 72 degrees, 09 minutes 30 seconds West a distance of 30.00 feet to a point, the point of BEGINNING. PARCEL IDENTIFICATION NO: 09-13-1002-400. CONTROL #: 00512402. Premises: 143 Shady Lane, Enola, PA 17025 East Pennaboro, Cumber- land County, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Christopher A. Gouse and Michelle I. Gouse, husband and wife, by Deed from A. P. Williams Company, dated 06/10/2005, re- corded 06/22/2005, in Deed Book 269, page 2514.